An Act to Update the Campaign Finance Laws

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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-SIX
_____
S.P. 814 - L.D. 2000
An Act to Update the Campaign Finance Laws
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the changes in this legislation may directly impact statewide campaigns
during the 2026 election; and
Whereas, it is necessary to amend the requirements of certain campaign finance laws
as soon as possible to avoid undue burdens and confusion; 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,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 21-A MRSA §1017, sub-§2, ¶D, as amended by PL 2019, c. 323, §7, is
further amended to read:
D. If the candidate has an opponent who is on the ballot or who is a declared write-in
candidate, any single contribution of $1,000 $10,000 or more received or any single
expenditure of $1,000 $10,000 or more made after the 14th day before the election and
more than 24 48 hours before 11:59 p.m. on the day of the election must be reported
within 24 48 hours of that contribution or expenditure. The candidate or treasurer is
not required to include in this report expenditures for overhead expenses or
compensation paid to an employee or other member of the campaign staff who has
received payments at regular intervals that have been disclosed in previously filed
campaign finance reports. As used in this paragraph, "overhead expenses" includes,
but is not limited to, rent, utility payments, taxes, insurance premiums or similar
administrative expenses.
Sec. 2. 21-A MRSA §1017, sub-§3-A, ¶C, as amended by PL 2019, c. 323, §8, is
repealed and the following enacted in its place:
APPROVED
APRIL 3, 2026
BY GOVERNOR
CHAPTER
600
PUBLIC LAW
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C. If the candidate has an opponent who is on the ballot or who is a declared write-in
candidate, any single contribution received or any single expenditure made after the
14th day before any election and more than 48 hours before 11:59 p.m. on the day of
any election that is equal to or greater than the following thresholds must be reported
within 48 hours of that contribution or expenditure:
(1) For a candidate for State Senator, $5,000;
(2) For a candidate for county office, $2,500;
(3) For a candidate for State Representative, $1,500; and
(4) For a candidate for municipal office, $1,500.
The candidate or treasurer is not required to include in this report expenditures for
overhead expenses or compensation paid to an employee or other member of the
campaign staff who has received payments at regular intervals that have been disclosed
in previously filed campaign finance reports. As used in this paragraph, "overhead
expenses" includes, but is not limited to, rent, utility payments, taxes, insurance
premiums or similar administrative expenses.
Sec. 3. 21-A MRSA §1017-A, sub-§2, as amended by PL 2019, c. 323, §11, is
repealed and the following enacted in its place:
2. Expenditures to influence campaign. A party committee shall report all
expenditures made to influence a campaign, as defined in section 1052, subsection 1. For
each expenditure, the party committee shall report:
A. The candidate or ballot measure for which the expenditure was made;
B. For a candidate, the office sought by the candidate and the district that the candidate
seeks to represent;
C. The date and amount of each expenditure;
D. The purpose of each expenditure, including whether the expenditure was made to
support or oppose the candidate or ballot measure; and
E. The name and address of each payee.
Sec. 4. 21-A MRSA §1017-A, sub-§4-A, ¶E, as amended by PL 2019, c. 323,
§12, is further amended to read:
E. If a state party committee is required to file a report 11 days before an election
pursuant to paragraph B or C, the committee shall report any single contribution of
$5,000 $10,000 or more received or any single expenditure of $1,000 $2,500 or more
made after the 14th day before the election and more than 24 hours before 5:00 p.m.
on the day of the election within 24 hours of that contribution or expenditure. The
committee is not required to include in this report expenditures for overhead expenses
or compensation paid to an employee or other member of the campaign staff who has
received payments at regular intervals that have been disclosed in previously filed
campaign finance reports. As used in this paragraph, "overhead expenses" includes, but
is not limited to, rent, utility payments, taxes, insurance premiums or similar
administrative expenses.
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Sec. 5. 21-A MRSA §1017-A, sub-§4-B, ¶C, as amended by PL 2019, c. 323,
§13, is further amended to read:
C. A committee shall report any single contribution of $5,000 $10,000 or more
received or any expenditure of $1,000 $2,500 or more made after the 14th day before
a general or special election and more than 24 hours before 11:59 p.m. on the day of
the election within 24 hours of that contribution or expenditure. The committee is not
required to include in this report expenditures for overhead expenses or compensation
paid to an employee or other member of the campaign staff who has received payments
at regular intervals that have been disclosed in previously filed campaign finance
reports. As used in this paragraph, "overhead expenses" includes, but is not limited to,
rent, utility payments, taxes, insurance premiums or similar administrative expenses.
Sec. 6. 21-A MRSA §1019-B, sub-§4, as amended by IB 2023, c. 4, §3, is further
amended to read:
4. Report required; content; rules. A person, party committee or political action
committee that makes any independent expenditure in excess of $250 $1,000 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.
B. A report required by this subsection must contain an itemized account of the total
contributions from each contributor, each expenditure in excess of $250 $1,000 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 unsworn falsification,
as provided in Title 17‑A, section 453, a statement 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.
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 adopts an exception for persons who lack access to the required
technology or the technological ability to file reports electronically.
Sec. 7. 21-A MRSA §1052, sub-§2-A, as enacted by PL 2021, c. 217, §3, is
amended to read:
2-A. Ballot question committee. "Ballot question committee" means a person that
receives contributions or makes expenditures aggregating in excess of $5,000 for the
purpose of initiating or influencing a campaign, other than a campaign for the nomination
or election of a candidate. The term "ballot question committee" does not include a political
action committee or an exempt donor party committee, an exempt donor or a political
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action committee not required to register as a ballot question committee under section
1052-A, subsection 1-A, paragraph A.
Sec. 8. 21-A MRSA §1059, sub-§2, ¶E, as amended by PL 2019, c. 323, §24, is
further amended to read:
E. If a committee is required to file a report 11 days before an election pursuant to
paragraph B or C, the committee shall report any single contribution of $5,000 $10,000
or more received or single expenditure of $1,000 $2,500 or more made after the 14th
day before the election and more than 24 hours before 5:00 p.m. on the day of the
election within 24 hours of that contribution or expenditure. The treasurer is not
required to include in this report expenditures for overhead expenses or compensation
paid to an employee or other member of the campaign staff who has received payments
at regular intervals that have been disclosed in previously filed campaign finance
reports. As used in this paragraph, "overhead expenses" includes, but is not limited to,
rent, utility payments, taxes, insurance premiums or similar administrative expenses.
Sec. 9. Qualifying period for Maine Clean Election Act in 2026.
Notwithstanding the definition of "qualifying period" in the Maine Revised Statutes, Title
21-A, section 1122, subsection 8, for State Senate or State House of Representatives
participating candidates who file with the Commission on Governmental Ethics and
Election Practices a declaration of intent to seek certification as a Maine Clean Election
Act candidate after January 15, 2026, the qualifying period ends at 5:00 p.m. on May 21,
2026.
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.