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An Act To Allow Cash Qualifying Contributions under the Maine Clean Election Act
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 21-A MRSA §1122, sub-§7, ¶A, as amended by PL 2009, c. 286, §4, is further amended to read:
 
A. Of $5 in cash or more$5 in the form of a check or a money order payable to the fund and signed by the contributor in support of a candidate or made over the Internet in support of a candidate according to the procedure established by the commission;
Sec. 2. 21-A MRSA §1125, sub-§3, as amended by IB 2015, c. 1, §18, is further amended to read:
 
3. Qualifying contributions.   Participating candidates must obtain qualifying contributions during the qualifying period as follows:
 
A. For a gubernatorial candidate, at least 3,200 verified registered voters of this State must support the candidacy by providing a qualifying contribution to that candidate;
 
B. For a candidate for the State Senate, at least 175 verified registered voters from the candidate's electoral division must support the candidacy by providing a qualifying contribution to that candidate; or
 
C. For a candidate for the State House of Representatives, at least 60 verified registered voters from the candidate's electoral division must support the candidacy by providing a qualifying contribution to that candidate.
 
A payment, gift or anything of value may not be given in exchange for a qualifying contribution. A candidate may pay the fee for a money order that is a qualifying contribution in the amount of $5 as long as the donor making the qualifying contribution pays the $5 amount reflected on the money order. Any money order fees paid by a participating candidate must be paid for with seed money and reported in accordance with commission rules. A money order must be signed by the contributor to be a valid qualifying contribution. For qualifying contributions made in cash, in order to be a valid contribution, the candidate shall ensure that the contributor attests, by signing a receipt and acknowledgment form designed by the commission, that the contributor made the contribution using the contributor's own funds and received nothing in return for making the qualifying contribution. In lieu of submitting the cash to the commission, the candidate shall submit a check payable to the Maine Clean Election Fund in an amount equal to cash contributions listed on the receipt and acknowledgment form to the commission. The commission may establish by routine technical rule, adopted in accordance with Title 5, chapter 375, subchapter 2-A, a procedure for a qualifying contribution to be made by a credit or debit transaction and by electronic funds transfer over the Internet. Records containing information provided by individuals who have made qualifying contributions over the Internet are confidential, except for the name of the individual making the contribution, the date of the contribution, the individual's residential address and the name and office sought of the candidate in whose support the contribution was made.
 
It is a violation of this chapter for a participating candidate or an agent of the participating candidate to misrepresent the purpose of soliciting qualifying contributions and obtaining the contributor's signed acknowledgementacknowledgment.
 
SUMMARY
This bill amends the definition of "qualifying contribution" under the Maine Clean Election Act to include $5 cash contributions in addition to those made by check or money order or via the Internet. Current law defines a qualifying contribution as a contribution in the amount of $5 or more. This bill limits the contribution to $5. The bill also provides a process to ensure that qualifying contributions made in cash are valid contributions. A contributor must attest, using a form designed by the Commission on Governmental Ethics and Election Practices, that a qualifying contribution was made using the contributor's personal funds and the contributor received nothing in return for the contribution. Finally, the bill provides that a candidate may submit a check to the Maine Clean Election Fund equal to the amount of qualifying contributions made in cash along with the receipt and acknowledgment forms required to be submitted to be certified as a participating candidate under the Maine Clean Election Act.