Code of Maine Rules
94 - INDEPENDENT AGENCIES
270 - COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES
Chapter 3 - MAINE CLEAN ELECTION ACT AND RELATED PROVISIONS
Section 270-3-8 - RECORD KEEPING AND REPORTING

Universal Citation: 94 ME Code Rules ยง 270-3-8

Current through 2024-13, March 27, 2024

1. Record Keeping by Participating and Certified Candidates. Participating and certified candidates and their treasurers must comply with applicable record keeping requirements set forth in Title 21-A, chapter 13, subchapter II [§ 1016], and chapter 14 [§ 1125 (12-A)]. Failure to keep or produce the records required under Title 21-A and these rules is a violation of the Act for which the Commission may impose a penalty. The Commission may also require the return of funds for expenditures lacking supporting documentation if a candidate or treasurer is found in violation of the record keeping requirements. The candidate or the treasurer shall have an opportunity to be heard prior to any Commission decision imposing a penalty or requiring the return of funds under this section. In addition to these specific actions, the Commission may also take any other action authorized under Title 21-A.

A. Fiduciary Responsibility for Funds. All funds provided to a certified candidate or to a candidate's authorized political committee must be segregated from, and may not be commingled with, any other funds, other than unspent seed money.

B. Meal Expenses. A candidate or treasurer must obtain and keep a record for each meal expenditure of more than $50. The record must include itemized bills for the meals, the names of all participants in the meals, the relationship of each participant to the campaign, and the specific, campaign-related purpose of each meal.

C. Vehicle Travel Expenses. If a campaign uses public campaign funds to reimburse the candidate or another individual for their vehicle travel, the candidate or treasurer must obtain and keep a record of vehicle travel expenses for which reimbursements are made.
(1) Amount of reimbursement. Reimbursement may not exceed the standard mileage rate prescribed for employees of the State of Maine for the year in which the election occurs. A candidate may be reimbursed for vehicle travel expenses at a rate less than the standard mileage rate. A candidate may also reimburse a volunteer for vehicle travel expenses at a rate less than the standard mileage rate as long as the difference does not exceed $100 per volunteer per election.

(2) Contents of record. For each trip for which reimbursement is made, a record must be maintained showing the dates of travel, the number of miles traveled, the origination (if different than the residence of the person reimbursed), destination and purpose of the travel, and the total amount claimed for reimbursement. The record should contain an affirmation by the person being reimbursed that it is an accurate record of the dates, purpose, and distance of the campaign travel. The person seeking the reimbursement must have recorded the details of the campaign travel contemporaneously with the travel or within two calendar days afterward.

(3) Penalties for non-compliance. The Commission may disallow any vehicle travel reimbursements for which the candidate or the treasurer cannot produce a record maintained in accordance with this Rule and may require the campaign to repay the amount of the reimbursement to the Maine Clean Election Fund. The Commission may also assess a penalty pursuant 21-A M.R.S.A. §1127(1) if a campaign reimburses travel expenses without having kept a record that is fully compliant with the requirements of this Rule.

2. Reporting by Participating and Certified Candidates

A. General. Participating and certified candidates must comply with applicable reporting requirements set forth in Title 21-A, chapter 13, subchapter II [§ 1017] .

B. Return of Unspent Fund Revenues. Unspent Fund revenues shall be returned to the Fund as follows:
(1) Unauthorized Matching Funds. [Repealed]

(2) Unspent Fund Revenues for Unsuccessful Primary Election Candidates. Upon the filing of the 42-day post-primary election report for a primary election in which a certified candidate was defeated, that candidate must return all unspent Fund revenues to the Commission by check or money order payable to the Fund, except that a gubernatorial candidate may be allowed to reserve up to $2,000 in order to defray expenses associated with an audit by the Commission.

(2-A) Unspent Matching Funds for Successful Primary Election Candidates. [Repealed]

(3) Unspent Fund Revenues for All General and Special Election Candidates. Upon the filing of the 42-day post-election report for a general or special election, all candidates must return all unspent Fund revenues to the Commission by check or money order payable to the Fund, except that a gubernatorial candidate may be allowed to reserve up to $3,500 in order to defray expenses associated with an audit by the Commission.

C. Liquidation of Property and Equipment. Property and equipment that is not exclusive to use in a campaign (e.g., computers and associated equipment, etc.) that has been purchased with Maine Clean Election Act funds loses its campaign-related purpose following the election. Such property and equipment purchased for $50 or more must be liquidated at its fair market value and the proceeds thereof reimbursed to the Maine Clean Election Fund as unspent fund revenues in accordance with the schedule in paragraph B above. Candidates may not return unsold property or equipment to the Commission.
(1) The liquidation of campaign property and equipment may be done by sale to another person or purchase by the candidate.

(2) Liquidation must be at the fair market value of the property or equipment at the time of disposition. Fair market value is determined by what is fair, economic, just, equitable, and reasonable under normal market conditions based upon the value of items of similar description, age, and condition as determined by acceptable evidence of value. A campaign's sale of property or equipment through an on-line commercial auction shall be considered by the Commission as a factor in favor of determining that the campaign has recovered the fair market value of the property or equipment.

(3) If the campaign sells the property or equipment to the candidate or a member of the candidate's immediate family or campaign staff, the campaign must receive at least 75% of the original purchase price.

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