Sec. 1. 21-A MRSA §1019, as amended by PL 1995, c. 483, §§12 and 13, is repealed.

Sec. 2. 21-A MRSA §§1019-A and 1019-B are enacted to read:

§1019-A. Reports of independent electioneering expenditures

1.__Independent electioneering expenditures.__For the purposes of this section, an independent electioneering expenditure is any expenditure by a person, party committee, political committee or political action committee aggregating in excess of $50 in any one candidate's election for communication that:

A.__Expressly advocates the election or defeat of a clearly identified candidate other than by contribution to a candidate or a candidate's authorized political committee; or

B.__Names or depicts one or more clearly identified candidates during the 45 calendar days before a primary election or the 60 calendar days before a general election for the purpose of influencing an election.

2.__Presumption.__A communication made under subsection 1, paragraph B is presumed to be an independent electioneering expenditure if it is:

A.__Made by a political party, political committee or political action committee; or

B.__Makes reference to an upcoming election.

3.__Exceptions.__Notwithstanding subsection 1, paragraph B, a communication is not an independent electioneering expenditure if all references to candidates are limited to:

A.__Urging contact with an elected official concerning pending government business; or

B.__Promotion of a business or commercial interest of the candidate that is unrelated to the candidacy and in which the candidate has held an interest for a minimum of 6 months before qualifying as a candidate.

4.__Membership organization.__Notwithstanding subsection 1, paragraph B, a communication made by a membership organization or corporation to its members or stockholders is not an independent electioneering expenditure.