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Maine Regulations § 270-3-4 FUND ADMINISTRATION

⤴ Up to Chapter 3: Maine Clean Election Act and Related Provisions

Regulation Text

1. Coordination with State Agencies . The Commission will coordinate with the Office of the Controller and other relevant State agencies to ensure the use of timely and accurate information regarding the status of the Fund.
2. Publication of Fund Revenue Estimates . The Commission will provide the Legislature and Governor with financial projections required under the Act [§ 1124 (4) ] and may submit legislation to request additional revenues to the Fund if the Commission determines that projected revenue will not be sufficient to meet demands.
3. Computation of Disbursement Amounts . Every two years, the Commission shall adjust the amounts of distributions made to candidates in accordance with the Act [§§ 1125 (8-B) - (8-F)].
4. Authorizing Contributions due to Shortfall in the Fund .
A. Authorization by Commission to accept contributions. If the Commission determines that the revenues in the Fund may be insufficient to make payments under section 1125 of the Act, the Commission may reduce payments of public campaign funds to certified candidates and permit them to accept and spend contributions in accordance with the Act [§ 1125 (13-A)].
B. Limitations on permitted contributions. If permitted to accept contributions, a certified candidate may not accept a contribution in cash or in-kind from any contributor, including the candidate and the candidate's spouse or domestic partner, that exceeds the applicable statutory contribution limit as adjusted for inflation. [§§ 1015 (1) & (2) ] . A candidate may not solicit or receive any funds in the form of a loan with a promise or expectation that the funds will be repaid to the contributor. If a contributor made a seed money contribution to a candidate, the amount of the seed money contribution shall count toward the contribution limit for the primary election. For an unenrolled candidate, a replacement candidate, or candidate in a special election, a seed money contribution shall count toward the contribution limit for the election in which the candidate is running.
C. Apportioning reductions in public funds payments. Upon determining the amount of the projected shortfall, the Commission shall then determine the amount and apportionment of the reductions in payments to certified candidates.
D. Campaign contributions to replace matching funds. [Repealed]
E. Written notice to candidates. The Commission shall notify participating and certified candidates in writing of any projected shortfall in the Fund and specify timelines and procedures for compliance with this subsection in the event of a shortfall.
F. Procedures for candidates. The candidate shall deposit any authorized contributions into the campaign account into which Maine Clean Election Act funds have been deposited. The candidate shall disclose all contributions received in regular campaign finance reports. The Commission's expenditure guidelines for Maine Clean Election Act funds apply to the spending of the contributions authorized under this subsection.
G. Disposing of surplus campaign funds. After the election, the candidate must return any surplus campaign funds which the candidate was authorized to spend to the Commission upon the filing of the 42-day post-election report except for any money retained for purposes of an audit by the Commission pursuant to section 7 , subsection 2 (B) . If the candidate has collected campaign contributions which the candidate was not authorized to spend, the candidate may dispose of those funds within 60 days after the election by returning them to the contributors, donating them to the Maine Clean Election Fund, or by making an unrestricted gift to the State. All expenditures of surplus campaign funds must be disclosed in campaign finance reports in accordance with 21-A M.R.S.A. § 1017 .
H. Effect of fundraising on matching funds calculation. [Repealed]

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