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.

The special session of the Maine Legislature adjourned on September 27, 2011.

Lawmakers reached an agreement redrawing the state’s two congressional districts.

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.

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.

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.

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.

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.

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.

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.

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.

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.