May 15, 2012 •
Maine Lawmakers Return to Augusta
Debate to include budget issues
State lawmakers have reported back to Augusta to finish the work they started on the budget earlier this year.
In this short budget session, the Legislature will discuss Governor Paul LePage’s line item vetoes of the state budget, the budget of Health and Human Services, a takings bill, and a few borrowing packages.
February 28, 2012 •
Supreme Court Upholds Maine Campaign Finance Law
Laws Found Constitutional
The U.S. Supreme Court has rejected a challenge to Maine election laws brought by the National Organization for Marriage claiming Maine’s reporting requirements for political action committees are vague and over-broad.
The Supreme Court let stand the 1st Circuit Court of Appeals’ decision to uphold the constitutionality of the laws requiring the disclosure of contributions and expenditures in elections by PACs and by independent groups.
Maine defended its laws by arguing the laws were designed to inform voters about who is spending money to influence their votes.
January 5, 2012 •
Matching Funds to Remain for Maine’s Gubernatorial Candidates
Joint Committee Votes Down Bill to Exclude Gubernatorial Candidates from Clean Elections Program
The Joint Standing Committee on Veterans and Legal Affairs of the Maine State Legislature has killed LD 120, a bill aiming to stop gubernatorial candidates from participating in the state’s clean elections program.
“An Act to End Taxpayer-funded Campaigns for Gubernatorial Candidates” was held over from last session, but the Joint Committee voted for a recommendation of “ought not to pass” with little debate.
For the full story read “Committee kills bill that would weaken clean election law” by Eric Russell in the Bangor Daily News.
September 28, 2011 •
Maine Special Session Adjourns
Legislature Reaches Agreement on Redistricting
The special session of the Maine Legislature adjourned on September 27, 2011.
Lawmakers reached an agreement redrawing the state’s two congressional districts.
August 12, 2011 •
Maine PAC Reporting Laws Upheld
Court finds that Maine laws properly “promote the dissemination of information about those who deliver and finance political speech”
The 1st Circuit Court of Appeals has upheld the constitutionality of Maine’s reporting requirements for political action committees, rejecting a challenge brought by the National Organization for Marriage.
The National Organization for Marriage challenged the constitutionality of Maine’s election law, claiming Maine’s reporting requirements for political action committees are vague and over-broad.
The 1st Circuit Court decision upheld the constitutionality of Maine’s laws requiring the disclosure of contributions and expenditures in candidate elections by PACs and by independent groups.
The decision also overturned a portion of the District Court’s ruling which found the words “influence” and “influencing” were unconstitutionally vague as applied in the Maine statute.
June 30, 2011 •
Legislative News from the States
Sessions in Alaska, Maine, and Texas adjourn
ALASKA: The Legislature’s second special session ended with the Senate adjourning sine die on June 27 and the House adjourning sine die on June 28.
MAINE: The Maine Legislature adjourned sine die June 29, 2011.
TEXAS: The Texas Legislature adjourned their special session on Wednesday, June 29, 2011. Barring another special session, the Legislature will not meet again until January, 2013.
February 21, 2011 •
Judge Decides Maine Campaign Finance Law is Constitutional
Reporting Requirements Upheld
U.S. District Court Judge D. Brock Hornby has held that Maine’s campaign finance reporting law is constitutional. The law requiring groups that raise more than $5,000 to influence elections to register with the state and disclose donors who make contributions of $100 or more was challenged by the National Organization for Marriage on the basis that the law was vague and overly broad.
The Maine Commission on Governmental Ethics and Election Practices investigated the organizations activity, alleging that they had violated Maine campaign finance law by raising and spending more than $5,000 to help overturn the Maine law allowing same-sex marriage but not following the reporting requirements. A lawsuit continues in state court that challenges the state’s ability to investigate violations of the campaign finance law.
January 4, 2011 •
Maine Commission on Governmental Ethics Sets 2011 Agenda
Commission on Governmental Ethics Seeks Independent Investigatory Powers and New Campaign Finance Restrictions in 2011
The Commission on Governmental Ethics and Election Practices has issued a memo outlining the agencies priorities for 2011. The commission seeks to investigate possible violations of legislative ethics on its own, even if no formal complaint is filed.
The commission also wishes to enact regulations that restrict legislative candidates from using Clean Election money to buy computers, cell phones, and other electronic equipment and increase the fine for failing to include a disclaimer on campaign communications from a maximum of $200 to a maximum of $5,000.
The Great Seal of Maine courtesy of Wikipedia.
December 22, 2010 •
Holiday Shut-Down Days in Maine and Wisconsin
Bringing you some timely schedule information to keep in mind.
MAINE: The Maine Commission on Governmental Ethics and Election Practices will be closed December 23rd for a state government closure day. The Commission will also be closed the following day, December 24th, in observance of the Christmas holiday and on December 31st in observance of the New Year’s holiday.
WISCONSIN: The Government Accountability Board will be closed on December 24th, 2010 in observance of the Christmas holiday and on December 31st in observance of the New Year’s holiday.
October 26, 2010 •
Supreme Court Declines to Suspend Maine Campaign Finance Law
On Friday, October 22, 2010, the Supreme Court of the United States denied an application for an emergency writ of injunction in the pending case of Respect Maine PAC v. McKee.
In their application, the plaintiffs, represented by James Bopp, Jr., the Indiana attorney who helped launch the landmark Citizens United v. FEC litigation, requested an order blocking portions of Maine’s campaign finance law which provides matching for candidates as well as the part of Maine law capping contributions to gubernatorial candidates at $750. By the time the plaintiff’s motion reached the high court for the second time, it had been denied three times: by Associate Justice Stephen Breyer, Circuit Justice for the First Circuit, by the First Circuit Court of Appeals, and by the Maine District Court where the litigation originated.
The plaintiff’s last resort to enjoin the law prior to the November 2nd election was the emergency writ of injunction to the Supreme Court which was presented to Associate Justice Anthony Kennedy who then referred it to the Supreme Court for consideration. The writ’s denial was not unexpected as the Supreme Court has not granted such a motion for two decades.
Photo of the Supreme Court by UpstateNYer on Wikipedia.
October 8, 2010 •
News from the Maine Ethics Commission
They will be closed for Furlough Day and Columbus Day Holiday.
The Maine Commission on Governmental Ethics and Election Practices will be closed on Friday, October 8, 2010 for a mandatory furlough day and Monday, October 11, 2010 in observance of Columbus Day.
The commission advises independent expenditure reports which are due by October 12, 2010 (the October Summary Report) may be submitted to the commission by fax. The fax number which may be used is: (207) 287-6775.
August 27, 2010 •
New Rules in Maine for Reporting Independent Expenditures
The Maine Ethics Commission adopted emergency rules to address regulations deemed “unconstitutionally burdensome” by a federal court last week. The new rules apply to political action committees, party committees, and other outside groups making independent expenditures.
Beginning September 7th, independent expenditures exceeding $250 must be reported within 48 hours of the expenditure. Starting on October 20th, independent expenditures exceeding $100 must be reported within 24 hours. Other reports of independent expenditures will be required on September 7th, October 12th, and October 19th.
Here is the Notice on Reporting Independent Expenditures on the Maine Commission on Governmental Ethics and Election Practices Web site.
Photo by AlbanyNY on Wikipedia.
August 20, 2010 •
Federal District Court Issues Ruling in Maine Campaign Finance Lawsuit
Federal District Judge D. Brock Hornby issued his ruling Thursday in a lawsuit challenging Maine’s campaign finance laws.
The suit filed by the National Organization for Marriage (NOM) alleged Maine’s laws governing political action committee definitions, independent campaign expenditures, and attribution and disclaimer requirements were unconstitutionally vague and overbroad. The plaintiffs also raised a First Amendment challenge alleging Maine’s regulations imposed excessive burdens which would only serve to chill its political speech.
Judge Hornby did agree with some of the plaintiff’s allegations and proceeded to strike down Maine’s rules requiring 24-hour disclosure of independent expenditures over $250 as “impermissibly burdensome”. As well, state law’s use of the words “influence” and “influence in any way” were struck down as being unconstitutionally vague.
Judge Hornby went on to uphold the bulk of Maine’s campaign finance laws concluding:
“Otherwise, Maine’s laws governing PACs, independent campaign expenditures, and attribution and disclaimer requirements are constitutional, and survive NOM’s challenges they are unconstitutionally vague and overbroad and they impose excessive burdens that chill NOM’s speech preceding this fall’s elections and thereafter.”
The plaintiffs are expected to pursue an expedited appeal to the U.S. First Circuit located in Boston.
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.