PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Require the Commission on Governmental Ethics and Election Practices To Make Public Declarations following a Determination of a Campaign Statement's Falsity
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  21-A MRSA c. 13, sub-c. 6  is enacted to read:
SUBCHAPTER 6
CAMPAIGN STATEMENTS
§ 1111. False campaign statements
 
1.  Commission to investigate.     The commission, upon complaint made by a candidate for Governor, State House of Representatives or State Senate, shall investigate the following acts by a candidate for Governor, State House of Representatives or State Senate, candidate's campaign, political party or political action committee:
 
A.  Using the title of an office not currently held by a candidate in a manner that implies that the candidate does currently hold that office or using the term "reelect" when the candidate has never been elected at a primary, general or special election to the office for which that candidate is a candidate;
 
B.  Making a false statement concerning the formal schooling or training completed or attempted by a candidate; a degree, diploma, certificate, scholarship, grant, award, prize or honor received, earned or held by a candidate; or the period of time during which a candidate attended any school, college, community college, technical school or institution;
 
C.  Making a false statement concerning a professional, occupational or vocational license held by a candidate or concerning any position the candidate held for which the candidate received a salary or wages;
 
D.  Making a false statement regarding a candidate's or public official's indictment for or conviction of a theft offense, extortion or other crime involving financial corruption or moral turpitude;
 
E.  Making a false statement regarding a candidate's or public official's record of treatment or confinement for a mental disorder;
 
F.  Making a false statement regarding a candidate's or public official's military discipline for criminal misconduct or dishonorable discharge from the armed services;
 
G.  Falsely identifying the source of a statement, issuing statements under the name of another person without authorization or falsely stating the endorsement of or opposition to a candidate by a person or publication;
 
H.  Making a false statement concerning the voting record of a candidate or public official; and
 
I.  Posting, publishing, circulating, distributing or otherwise disseminating a false statement concerning a candidate, either knowing the statement to be false or with reckless disregard of whether it was false or not, if the statement is designed to promote the election, nomination or defeat of the candidate.
 
2.  Commission to make public declaration.     If the commission finds by clear and convincing evidence that a candidate, candidate's campaign, political party or political action committee has committed an act described in subsection 1, the commission must make a timely public declaration stating the same.
 
SUMMARY
This bill requires the Commission on Governmental Ethics and Election Practices to investigate, upon complaint made by a candidate for Governor, State House of Representatives or State Senate, certain campaign statements and to make public declarations regarding statements determined to be false.