CHAPTER 448
S.P. 402 - L.D. 1196
An Act To Clarify the Definition of Independent Expenditures Under the Election Laws
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 21-A MRSA §1014-B, sub-§2, ¶D, as enacted by PL 2001, c. 416, §1, is amended to read:
D. If the call is an independent expenditure, as defined in section 1019 1019-B, that a candidate has not approved the call must be disclosed during each call.
Sec. 2. 21-A MRSA §1019, as amended by PL 2001, c. 465, §1, is repealed.
Sec. 3. 21-A MRSA §1019-B is enacted to read:
§1019-B. Reports of independent expenditures
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
B. Is presumed in races involving a candidate who is certified as a Maine Clean Election Act candidate under section 1125, subsection 5 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; the 21 days, including election day, before a general election; or during a special election until and on election day.
2. Rebutting presumption. 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.
3. 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, a copy of the same information 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 and matching fund provisions under chapter 14. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
B. A report required by this subsection must contain an itemized account of each contribution or expenditure aggregating in excess of $100 in any one candidate's election, the date and purpose of each contribution or expenditure and the name of each payee or creditor. The report must state whether the contribution or 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 contribution or 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.
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.
Sec. 4. 21-A MRSA §1020-A, sub-§5-A, ¶A, as enacted by PL 2001, c. 714, Pt. PP, §1 and affected by §2, is amended to read:
A. Five thousand dollars for reports required under section 1017, subsection 2, paragraphs paragraph B, C, D, E or H; section 1017, subsection 3-A, paragraphs paragraph B, C, D or F; section 1017, subsection 4; and section 1019 1019-B, subsection 3;
Sec. 5. 21-A MRSA §1125, sub-§9, as enacted by IB 1995, c. 1, §17, is amended to read:
9. Matching funds. When any campaign, finance or election report shows that the sum of a candidate's expenditures or obligations, or funds raised or borrowed, whichever is greater, alone or in conjunction with independent expenditures reported under section 1019 1019-B, exceeds the distribution amount under subsection 8, the commission shall issue immediately to any opposing Maine Clean Election Act candidate an additional amount equivalent to the reported excess. Matching funds are limited to 2 times the amount originally distributed under subsection 8, paragraph A or C, whichever is applicable.
Effective September 13, 2003, unless otherwise indicated.
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