Limitations on contributions and expenditures

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§1015. Limitations on contributions and expenditures

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1.  (TEXT EFFECTIVE UNTIL 1/01/23) Individuals.  An individual may not make contributions to a candidate in support of the candidacy of one person aggregating more than $1,500 in any election for a gubernatorial candidate, more than $350 for a legislative candidate, more than $500 for a candidate for municipal office and beginning January 1, 2012 more than $750 in any election for any other candidate. This limitation does not apply to contributions in support of a candidate by that candidate or that candidate's spouse or domestic partner. Beginning December 1, 2010, contribution limits in accordance with this subsection are adjusted every 2 years based on the Consumer Price Index as reported by the United States Department of Labor, Bureau of Labor Statistics and rounded to the nearest amount divisible by $25. The commission shall post the current contribution limit and the amount of the next adjustment and the date that it will become effective on its publicly accessible website and include this information with any publication to be used as a guide for candidates.  

[PL 2019, c. 51, §1 (AMD); PL 2019, c. 51, §3 (AFF).]

1.  (TEXT EFFECTIVE 1/01/23) Contributions by individuals.  An individual may not make contributions to a candidate in support of the candidacy of one person aggregating more than $1,500 in any election for a gubernatorial candidate, more than $350 for a legislative candidate, more than $500 for a candidate for municipal office and beginning January 1, 2012 more than $750 in any election for any other candidate. This limitation does not apply to contributions in support of a candidate by that candidate or that candidate's spouse or domestic partner. Beginning December 1, 2010, contribution limits in accordance with this subsection are adjusted every 2 years based on the Consumer Price Index as reported by the United States Department of Labor, Bureau of Labor Statistics and rounded to the nearest amount divisible by $25. The commission shall post the current contribution limit and the amount of the next adjustment and the date that it will become effective on its publicly accessible website and include this information with any publication to be used as a guide for candidates.  

[PL 2021, c. 274, §4 (AMD); PL 2021, c. 274, §13 (AFF).]

2.  (TEXT EFFECTIVE UNTIL 1/01/23) Committees; corporations; associations.  A political committee, political action committee, other committee, firm, partnership, corporation, association or organization may not make contributions to a candidate in support of the candidacy of one person aggregating more than $1,500 in any election for a gubernatorial candidate, more than $350 for a legislative candidate, more than $500 for a candidate for municipal office and beginning January 1, 2012 more than $750 in any election for any other candidate. Beginning December 1, 2010, contribution limits in accordance with this subsection are adjusted every 2 years based on the Consumer Price Index as reported by the United States Department of Labor, Bureau of Labor Statistics and rounded to the nearest amount divisible by $25. The commission shall post the current contribution limit and the amount of the next adjustment and the date that it will become effective on its publicly accessible website and include this information with any publication to be used as a guide for candidates.  

[PL 2019, c. 51, §2 (AMD); PL 2019, c. 51, §3 (AFF).]

2.  (TEXT EFFECTIVE 1/01/23) Contributions by party committees and political action committees.  Except as provided in paragraph A, a party committee under section 1013-A, subsection 3, a political action committee and any other committee may not make contributions to a candidate.  

A. A party committee under section 1013-A, subsection 3, a leadership political action committee, a separate segregated fund committee, a caucus political action committee and any other political action committee may make contributions to a candidate in support of the candidacy of one person aggregating no more than the amount that an individual may contribute to that candidate under subsection 1, except that the committee may not make any monetary contributions to a candidate using funds that derive, in whole or in part, from a business entity. Nothing in this paragraph prohibits a separate segregated fund committee that receives nonmonetary contributions from a business entity under section 1056-D, subsection 2, paragraph A from making monetary contributions to a candidate within the limits described in this paragraph.   [PL 2021, c. 274, §5 (NEW); PL 2021, c. 274, §13 (AFF).]

[PL 2021, c. 274, §5 (RPR); PL 2021, c. 274, §13 (AFF).]

2-A.  (TEXT EFFECTIVE 1/01/23) Contributions by business entities.  A business entity may not make contributions to a candidate.  

[PL 2021, c. 274, §6 (NEW); PL 2021, c. 274, §13 (AFF).]

3.  Aggregate contributions.  No individual may make contributions to candidates aggregating more than $25,000 in any calendar year. This limitation does not apply to contributions in support of a candidate by that candidate or that candidate's spouse or domestic partner.  

[PL 2007, c. 443, Pt. A, §12 (AMD).]

4.  Political committees; intermediaries.  For the purpose of the limitations imposed by this section, contributions made to any political committee authorized by a candidate to accept contributions on the candidate's behalf are considered to be contributions made to that candidate. If the campaign activities of a political action committee within a calendar year primarily promote or support the nomination or election of a single candidate, contributions to the committee that were solicited by the candidate are considered to be contributions made to the candidate for purposes of the limitations in this section. For purposes of this subsection, solicitation of contributions includes but is not limited to the candidate's appearing at a fundraising event organized by or on behalf of the political action committee or suggesting that a donor make a contribution to that committee.  

For the purposes of the limitations imposed by this section, all contributions made by a person, either directly or indirectly, on behalf of a particular candidate, that are in any way earmarked or otherwise directed through an intermediary or conduit to the candidate are considered to be contributions from that person to the candidate. The intermediary or conduit shall report the original source and the intended recipient of the contribution to the commission and to the intended recipient.  

[PL 2011, c. 389, §14 (AMD).]

5.  Other contributions and expenditures.  Any expenditure made by any person in cooperation, consultation or concert with, or at the request or suggestion of, a candidate, a candidate's political committee or their agents is considered to be a contribution to that candidate.  

The financing by any person of the dissemination, distribution or republication, in whole or in part, of any broadcast or any written or other campaign materials prepared by the candidate, the candidate's political committee or committees or their authorized agents is considered to be a contribution to that candidate.  

[PL 1989, c. 504, §§7, 31 (AMD).]

6.  Prohibited expenditures.  A candidate, a treasurer, a political committee, a party or party committee, a person required to file a report under this subchapter or their authorized agents may not make any expenditures for liquor to be distributed to or consumed by voters while the polls are open on election day.  

[PL 1991, c. 839, §11 (AMD); PL 1991, c. 839, §34 (AFF).]

7.  Voluntary limitations on political expenditures.  A candidate may voluntarily agree to limit the total expenditures made on behalf of that candidate's campaign as specified in section 1013‑A, subsection 1, paragraph C and subsections 8 and 9.  

[PL 1995, c. 384, §2 (NEW).]

8.  Political expenditure limitation amounts.  Total expenditures in any election for legislative office by a candidate who voluntarily agrees to limit campaign expenditures as provided in subsection 7 are as follows:  

A. For State Senator, $25,000; and   [PL 2007, c. 443, Pt. A, §14 (AMD).]

B. For State Representative, $5,000.   [PL 2007, c. 443, Pt. A, §14 (AMD).]

C. [PL 2007, c. 443, Pt. A, §14 (RP).]

Expenditure limits are per election and may not be carried forward from one election to another. For calculation and reporting purposes, the reporting periods established in section 1017 apply.  

[PL 2007, c. 443, Pt. A, §14 (AMD).]

9.  Publication of list.  The commission shall publish a list of the candidates for State Representative and State Senator who have agreed to voluntarily limit total expenditures for their campaigns as provided in section 1013‑A, subsection 1, paragraph C.  

For the purposes of subsections 7 and 8 and this subsection, "total expenditures" means the sum of all expenditures made to influence a single election that are made by a candidate or made on the candidate's behalf by the candidate's political committee or committees, the candidate's party or the candidate's immediate family.  

[PL 1995, c. 384, §2 (NEW).]

10.  (TEXT EFFECTIVE 1/01/23) Business entity defined.  For purposes of this section, "business entity" includes a firm, partnership, corporation, incorporated association, labor organization or other organization, whether organized as a for-profit or a nonprofit entity.  

[PL 2021, c. 274, §7 (NEW); PL 2021, c. 274, §13 (AFF).]

SECTION HISTORY

PL 1985, c. 161, §6 (NEW). PL 1989, c. 504, §§7,31 (AMD). PL 1991, c. 839, §11 (AMD). PL 1991, c. 839, §34 (AFF). IB 1995, c. 1, §11 (AMD). PL 1995, c. 384, §2 (AMD). PL 1999, c. 729, §§2,3 (AMD). PL 2007, c. 443, Pt. A, §§10-14 (AMD). PL 2009, c. 286, §§2, 3 (AMD). PL 2011, c. 382, §§1, 2 (AMD). PL 2011, c. 389, §14 (AMD). PL 2019, c. 51, §§1, 2 (AMD). PL 2019, c. 51, §3 (AFF). PL 2021, c. 274, §§4-7 (AMD). PL 2021, c. 274, §13 (AFF).


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