An Act To Amend the Maine Clean Election Laws Governing Gubernatorial Candidates
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation makes changes to the Maine Clean Election Act for funding of gubernatorial candidates, including increasing seed money contributions; and
Whereas, the window within which prospective candidates for the 2010 gubernatorial race must make a decision concerning whether to accept Maine Clean Election Act funds is closing rapidly; and
Whereas, in order for a prospective gubernatorial candidate to make a fully informed decision regarding participation as a Maine Clean Election Act candidate, it is imperative that the changes made by this legislation take effect as soon as possible; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 21-A MRSA §1122, sub-§8, ¶A, as amended by PL 2001, c. 465, §3, is further amended to read:
Sec. 2. 21-A MRSA §1125, sub-§2, ¶A, as enacted by IB 1995, c. 1, §17, is amended to read:
Sec. 3. 21-A MRSA §1125, sub-§2-B is enacted to read:
The commission may permit the submission of an online or electronic acknowledgment form as required by paragraph A for seed money contributions made via the Internet.
Sec. 4. 21-A MRSA §1125, sub-§4, as amended by PL 2007, c. 443, Pt. B, §6, is further amended to read:
Sec. 5. 21-A MRSA §1125, sub-§5, ¶C-1 is enacted to read:
Sec. 6. 21-A MRSA §1125, sub-§5-A, as enacted by PL 2007, c. 443, Pt. B, §6, is amended to read:
The determination to revoke the certification of a candidate must be made by a vote of the members of the commission after an opportunity for a hearing. A candidate whose certification is revoked shall return all unspent funds to the commission within 3 days of the commission's decision and may be required to return all funds distributed to the candidate. In addition to the requirement to return funds, the candidate may be subject to a civil penalty under section 1127. The candidate may appeal the commission's decision to revoke certification in the same manner provided in subsection 14, paragraph C.
Sec. 7. 21-A MRSA §1125, sub-§7, ¶B, as amended by PL 2001, c. 465, §4, is further amended to read:
Sec. 8. 21-A MRSA §1125, sub-§8, ¶E, as enacted by PL 2003, c. 453, §1, is amended to read:
Sec. 9. 21-A MRSA §1125, sub-§8, ¶E-1 is enacted to read:
Sec. 10. 21-A MRSA §1125, sub-§9, as amended by PL 2007, c. 443, Pt. B, §6, is further amended to read:
Sec. 11. 21-A MRSA §1125, sub-§10, as amended by PL 2007, c. 443, Pt. B, §6, is further amended to read:
Sec. 12. Routine technical rules. Notwithstanding the Maine Revised Statutes, Title 21-A, section 1126, rules adopted by the Commission on Governmental Ethics and Election Practices to implement this Act are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 13. Application. This Act applies to gubernatorial candidates seeking certification under the Maine Clean Election Act beginning with primary and general elections in 2010, regardless of when a gubernatorial candidate registered as a candidate with the Commission on Governmental Ethics and Election Practices or when the candidate filed a declaration of intent with the commission under the Maine Revised Statutes, Title 21-A, section 1125, subsection 1.
Sec. 14. Appropriations and allocations. The following appropriations and allocations are made.
ETHICS AND ELECTION PRACTICES, COMMISSION ON GOVERNMENTAL
Governmental Ethics and Election Practices - Commission on 0414
Initiative: Reduces funding for the Maine Clean Election Fund based upon changes in seed money requirements and matching funds for gubernatorial candidates.
|OTHER SPECIAL REVENUE FUNDS||2009-10||2010-11|
|OTHER SPECIAL REVENUE FUNDS TOTAL||($800,000)||($600,000)|
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.