1.Independent expenditures; definition.
For the purposes of this section, an "independent expenditure":
A. Is any expenditure made by a person, party committee, political committee or political
action committee, other than by contribution to a candidate or a candidate's authorized
political committee, for any communication that expressly advocates the election or
defeat of a clearly identified candidate; and [2003, c. 448, §3 (NEW).]
B. Is presumed to be any expenditure made to design, produce or disseminate a communication that
names or depicts a clearly identified candidate and is disseminated during the 21
days, including election day, before a primary election; or the 35 days, including election day, before a general or special election. [2013, c. 334, §15 (AMD).]
2013, c. 334, §15 (AMD)
A person presumed under this section to have made an independent expenditure may
rebut the presumption by filing a signed written statement with the commission within
48 hours of making the expenditure stating that the cost was not incurred with the
intent to influence the nomination, election or defeat of a candidate, supported by
any additional evidence the person chooses to submit. The commission may gather any
additional evidence it deems relevant and material and must determine by a preponderance
of the evidence whether the cost was incurred with intent to influence the nomination,
election or defeat of a candidate.
2003, c. 448, §3 (NEW)
3.Report required; content; rules.
2009, c. 524, §6 (RPR);
MRSA T. 21-A, §1019-B, sub-§3 (RP)
4.Report required; content; rules.
A person, party committee, political committee or political action committee that
makes independent expenditures aggregating in excess of $100 during any one candidate's
election shall file a report with the commission. In the case of a municipal election, the report must be filed with the municipal clerk.
A. A report required by this subsection must be filed with the commission according to
a reporting schedule that the commission shall establish by rule that takes into consideration
existing campaign finance reporting requirements. Rules adopted pursuant to this paragraph are routine technical rules as defined
in Title 5, chapter 375, subchapter 2-A. [2011, c. 558, §2 (AMD).]
B. A report required by this subsection must contain an itemized account of each expenditure
aggregating in excess of $100 in any one candidate's election, the date and purpose
of each expenditure and the name of each payee or creditor. The report must state
whether the expenditure is in support of or in opposition to the candidate and must
include, under penalty of perjury, as provided in Title 17-A, section 451, a statement
under oath or affirmation whether the expenditure is made in cooperation, consultation
or concert with, or at the request or suggestion of, the candidate or an authorized
committee or agent of the candidate. [2009, c. 524, §7 (NEW).]
C. A report required by this subsection must be on a form prescribed and prepared by
the commission. A person filing this report may use additional pages if necessary,
but the pages must be the same size as the pages of the form. The commission may adopt procedures requiring the electronic filing of an independent
expenditure report, as long as the commission receives the statement made under oath
or affirmation set out in paragraph B by the filing deadline and the commission adopts
an exception for persons who lack access to the required technology or the technological
ability to file reports electronically. The commission may adopt procedures allowing
for the signed statement to be provisionally filed by facsimile or electronic mail,
as long as the report is not considered complete without the filing of the original
signed statement. [2013, c. 334, §16 (AMD).]
This subsection takes effect August 1, 2011.
2013, c. 334, §16 (AMD)
An independent expenditure does not include:
A. An expenditure made by a person in cooperation, consultation or concert with, or at
the request or suggestion of, a candidate, a candidate's political committee or their
agents; [2011, c. 389, §21 (NEW).]
B. A telephone survey that meets generally accepted standards for polling research and
that is not conducted for the purpose of changing the voting position of the call
recipients or discouraging them from voting; [2011, c. 389, §21 (NEW).]
C. A telephone call naming a clearly identified candidate that identifies an individual's
position on a candidate, ballot question or political party for the purpose of encouraging
the individual to vote, as long as the call contains no advocacy for or against any
candidate; and [2011, c. 389, §21 (NEW).]
D. A voter guide that consists primarily of candidates' responses to surveys and questionnaires
and that contains no advocacy for or against any candidate. [2011, c. 389, §21 (NEW).]
2011, c. 389, §21 (NEW)
2003, c. 448, §3 (NEW).
2007, c. 443, Pt. A, §20 (AMD).
2009, c. 366, §5 (AMD).
2009, c. 366, §12 (AFF).
2009, c. 524, §§6, 7 (AMD).
2011, c. 389, §§20, 21 (AMD).
2011, c. 389, §62 (AFF).
2011, c. 558, §2 (AMD).
2013, c. 334, §§15, 16 (AMD).
Data for this page extracted on 12/03/2013 11:57:51.
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