LD 454
pg. 1
LD 454 Title Page An Act to Clean Up Maine's Clean Election Law Page 2 of 2
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LR 264
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 21-A MRSA §1014-A, sub-§1, as enacted by PL 1995, c. 43, §1,
is repealed and the following enacted in its place:

 
1.__Definitions.__As used in this section, unless the context
otherwise indicates, the following terms have the following
meanings.

 
A.__"Endorsement" means an expression of support for the
election of a clearly identified candidate by methods
including but not limited to broadcasting stations,
newspapers, magazines, outdoor advertising facilities,
direct mails or similar types of general public political
advertising, or through computer networks, flyers,
handbills, bumper stickers and other nonperiodical
publications.

 
B.__"Issue advocacy" means a communication in support of or
against a specific position regarding a specific political
issue that mentions a clearly identified candidate by name,
by methods including but not limited to broadcasting
stations, newspapers, magazines, outdoor advertising
facilities, direct mails or similar types of general public
political advertising, or through computer networks, flyers,
handbills, bumper stickers and other nonperiodical
publications.__A communication is considered "issue
advocacy" if it mentions a clearly identified candidate by
name without expressly__supporting the election or defeat of
that candidate.

 
Sec. 2. 21-A MRSA §1014-A, sub-§§2 and 3, as enacted by PL 1995, c. 43,
§1, are amended to read:

 
2. Authorization. A candidate may not use an endorsement
unless the endorser has expressly authorized its use. The
communication must clearly and conspicuously state that the
endorsement has been authorized. If applicable, the
communication must also satisfy the requirements of section 1014.
A person or political committee that makes an expenditure for the
purpose of expressly advocating the election or defeat of a
clearly identified candidate must receive prior authorization
from the candidate whom the expenditure is intended to benefit.__
For the purposes of this chapter, such an expenditure is
considered an expenditure by the candidate who authorizes the
communication.__A person or political committee that makes an
expenditure for the purpose of issue advocacy shall notify, by
certified mail, the candidate who is clearly identified in the
communication at least 48 hours prior to the distribution of the
communication.


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