Maine Revised Statutes Title 21-A Sec. 1011 – Application
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This subchapter applies to candidates for all state and county offices and to campaigns for their nomination and election. Candidates for municipal office as described in Title 30?A, section 2502, subsection 1 are also governed by this subchapter. The commission does not have jurisdiction over financial activities to influence the nomination or election of candidates for federal office. [PL 2013, c. 334, §2 (AMD).]
1. Role of the municipal clerk; commission.
[PL 2009, c. 366, §1 (RP); PL 2009, c. 366, §12 (AFF).]
Terms Used In Maine Revised Statutes Title 21-A Sec. 1011
- Business day: means any day of the calendar year other than a Saturday, Sunday or legal holiday. See Maine Revised Statutes Title 21-A Sec. 1
- Candidate: means any person who has filed a petition under either sections 335 and 336 or sections 354 and 355 and has qualified as a candidate by either procedure, or any person who has received contributions or made expenditures or has given consent for any other person to receive contributions or make expenditures with the intent of qualifying as a candidate. See Maine Revised Statutes Title 21-A Sec. 1
- Commission: means the Commission on Governmental Ethics and Election Practices established under Title 1, section 1002. See Maine Revised Statutes Title 21-A Sec. 1001
- Election: means any primary, general or special election for state or county office or municipal office in a municipality subject to Title 30?A, section 2502, subsection 1 and any referendum, including a municipal referendum in a municipality subject to Title 30?A, section 2502, subsection 2. See Maine Revised Statutes Title 21-A Sec. 1001
- Federal office: means the office of the United States Senator or Representative to Congress. See Maine Revised Statutes Title 21-A Sec. 1
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Influence: means to promote, support, oppose or defeat. See Maine Revised Statutes Title 21-A Sec. 1012
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- may: when used in this Title, is used in a permissive sense to grant authority or permission, but not to create duty, to act in the manner specified by the context. See Maine Revised Statutes Title 21-A Sec. 7
- municipal clerk: means the clerk, deputy clerk or assistant clerk, where directed by the clerk to carry out duties under this Title, of a municipality. See Maine Revised Statutes Title 21-A Sec. 1
- Person: means an individual, committee, firm, partnership, corporation, association or organization. See Maine Revised Statutes Title 21-A Sec. 1001
- Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72
- Treasurer: means a person appointed by a candidate or a political committee to accept or disburse money to promote or defeat a candidate, party or principle. See Maine Revised Statutes Title 21-A Sec. 1
2. Exemptions.
[PL 2009, c. 366, §1 (RP); PL 2009, c. 366, §12 (AFF).]
3. Role of the municipal clerk; commission. For candidates for municipal office, the municipal clerk is responsible for any duty assigned to the commission in this subchapter related to the registration of candidates, receipt of reports and distribution of information or forms, unless otherwise provided. Notwithstanding any other deadline set forth in this chapter, candidates shall file their reports by the close of business on the day of the filing deadline established for the office of the municipal clerk. The commission retains the sole authority to prescribe the content of all reporting forms. The commission does not have responsibility to oversee the filing of registrations or campaign finance reports relating to municipal campaigns, except that the commission has the discretion to conduct investigations and assess penalties under subsection 3?A.
[PL 2013, c. 334, §2 (AMD).]
3-A. Enforcement by the commission. If a clerk of a town or city that is governed by this chapter pursuant to Title 30?A, section 2502 becomes aware of a potential violation of this chapter that the clerk considers to be substantial, the clerk may refer the matter to the commission for enforcement. Substantial violations include, but are not limited to, accepting contributions in excess of the limitations of section 1015 and failing to file a report that substantially complies with the disclosure requirements of section 1017. The commission has the discretion to conduct an investigation if the information referred by the municipal clerk shows sufficient grounds for believing that a violation may have occurred. After conducting the investigation, if the commission determines that a violation of this chapter has occurred, the commission may assess penalties provided in this chapter.
[PL 2013, c. 334, §2 (NEW).]
4. Exemptions. Exemptions for municipal candidates from the reporting requirements of this subchapter are governed by this subsection.
A. At the time a municipal candidate registers under section 1013?A, the candidate may notify the municipal clerk in writing that the candidate will not accept contributions, make expenditures or incur financial obligations associated with that person‘s candidacy. A candidate who provides this written notice is not required to appoint a treasurer or to meet the filing requirements of this section as long as the candidate complies with the commitment. [PL 2011, c. 389, §5 (NEW); PL 2011, c. 389, §62 (AFF).]
B. The notice provided to the municipal clerk in paragraph A may be revoked. A written revocation must be presented to the municipal clerk before the candidate may accept contributions, make expenditures or incur obligations associated with that person’s candidacy. A candidate who has filed a notice with the municipal clerk under paragraph A and accepts contributions, makes expenditures or incurs obligations associated with that person’s candidacy prior to filing a revocation may be assessed a penalty of $10 for each business day that the revocation is late, up to a maximum of $500. This penalty may be imposed in addition to the penalties assessed under other sections of this Title. [PL 2011, c. 389, §5 (NEW); PL 2011, c. 389, §62 (AFF).]
[PL 2011, c. 389, §5 (NEW); PL 2011, c. 389, §62 (AFF).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW). PL 1995, c. 483, §2 (AMD). PL 2001, c. 430, §8 (AMD). PL 2007, c. 571, §8 (AMD). PL 2009, c. 190, Pt. A, §1 (AMD). PL 2009, c. 366, §1 (AMD). PL 2009, c. 366, §12 (AFF). PL 2009, c. 652, Pt. A, §19 (AMD). PL 2011, c. 389, §5 (AMD). PL 2011, c. 389, §62 (AFF). PL 2013, c. 334, §2 (AMD).