Be it enacted by the People of the State of Maine as follows:
Sec. 1. 21-A MRSA §1064 is enacted to read:
§1064. Foreign government campaign spending prohibited
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Contribution" has the meanings given in section 1012, subsection 2 and section
1052, subsection 3.
B. "Electioneering communication" means a communication described in section
1014, subsection 1, 2 or 2-A.
C. "Expenditure" has the meanings given in section 1012, subsection 3 and section
1052, subsection 4.
D. "Foreign government" includes any person or group of persons exercising sovereign
de facto or de jure political jurisdiction over any country other than the United States
or over any part of such country and includes any subdivision of any such group and
any group or agency to which such sovereign de facto or de jure authority or functions
are directly or indirectly delegated. "Foreign government" includes any faction or body
of insurgents within a country assuming to exercise governmental authority, whether
or not such faction or body of insurgents has been recognized by the United States.
E. "Foreign government-influenced entity" means:
(1) A foreign government; or
(2) A firm, partnership, corporation, association, organization or other entity with
respect to which a foreign government or foreign government-owned entity:
(a) Holds, owns, controls or otherwise has direct or indirect beneficial
ownership of 5% or more of the total equity, outstanding voting shares,
membership units or other applicable ownership interests; or
(b) Directs, dictates, controls or directly or indirectly participates in the
decision-making process with regard to the activities of the firm, partnership,
corporation, association, organization or other entity to influence the
nomination or election of a candidate or the initiation or approval of a
referendum, such as decisions concerning the making of contributions,
expenditures, independent expenditures, electioneering communications or
disbursements.
F. "Foreign government-owned entity" means any entity in which a foreign
government owns or controls more than 50% of its equity or voting shares.
G. "Independent expenditure" has the meaning given in section 1019-B, subsection 1.
H. "Public communication" means a communication to the public through
broadcasting stations, cable television systems, satellite, newspapers, magazines,
campaign signs or other outdoor advertising facilities, Internet or digital methods,
direct mail or other types of general public political advertising, regardless of medium.
I. "Referendum" means any of the following:
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(1) A people's veto referendum under the Constitution of Maine, Article IV, Part
Third, Section 17;
(2) A direct initiative of legislation under the Constitution of Maine, Article IV,
Part Third, Section 18;
(3) A popular vote on an amendment to the Constitution of Maine under the
Constitution of Maine, Article X, Section 4;
(4) A referendum vote on a measure enacted by the Legislature and expressly
conditioned upon ratification by a referendum vote under the Constitution of
Maine, Article IV, Part Third, Section 19;
(5) The ratification of the issue of bonds by the State or any state agency; and
(6) Any county or municipal referendum.
2. Campaign spending by foreign governments prohibited. A foreign governmentinfluenced entity may not make, directly or indirectly, a contribution, expenditure,
independent expenditure, electioneering communication or any other donation or
disbursement of funds to influence the nomination or election of a candidate or the initiation
or approval of a referendum.
3. Solicitation or acceptance of contributions from foreign governments
prohibited. A person may not knowingly solicit, accept or receive a contribution or
donation prohibited by subsection 2.
4. Substantial assistance prohibited. A person may not knowingly or recklessly
provide substantial assistance, with or without compensation:
A. In the making, solicitation, acceptance or receipt of a contribution or donation
prohibited by subsection 2; or
B. In the making of an expenditure, independent expenditure, electioneering
communication or disbursement prohibited by subsection 2.
5. Structuring prohibited. A person may not structure or attempt to structure a
solicitation, contribution, expenditure, independent expenditure, electioneering
communication, donation, disbursement or other transaction to evade the prohibitions and
requirements in this section.
6. Communications by foreign governments to influence policy; required
disclosure. Whenever a foreign government-influenced entity disburses funds to finance
a public communication not otherwise prohibited by this section to influence the public or
any state, county or local official or agency regarding the formulation, adoption or
amendment of any state or local government policy or regarding the political or public
interest of or government relations with a foreign country or a foreign political party, the
public communication must clearly and conspicuously contain the words "Sponsored by"
immediately followed by the name of the foreign government-influenced entity that made
the disbursement and a statement identifying that foreign government-influenced entity as
a "foreign government" or a "foreign government-influenced entity."
7. Due diligence required. Each television or radio broadcasting station, provider of
cable or satellite television, print news outlet and Internet platform shall establish due
diligence policies, procedures and controls that are reasonably designed to ensure that it
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does not broadcast, distribute or otherwise make available to the public a public
communication for which a foreign government-influenced entity has made an expenditure,
independent expenditure, electioneering communication or disbursement in violation of
this section. If an Internet platform discovers that it has distributed a public communication
for which a foreign government-influenced entity has made an expenditure, independent
expenditure, electioneering communication or disbursement in violation of this section, the
Internet platform shall immediately remove the communication and notify the commission.
8. Penalties. The commission may assess a penalty of not more than $5,000 or
double the amount of the contribution, expenditure, independent expenditure,
electioneering communication, donation or disbursement involved in the violation,
whichever is greater, for a violation of this section. In assessing a penalty under this
section, the commission shall consider, among other things, whether the violation was
intentional and whether the person that committed the violation attempted to conceal or
misrepresent the identity of the relevant foreign government-influenced entity.
9. Violations. Notwithstanding section 1004, a person that knowingly violates
subsections 2 through 5 commits a Class C crime.
10. Rules. The commission shall adopt rules to administer the provisions of this
section. Rules adopted under this subsection are routine technical rules as defined in Title
5, chapter 375, subchapter 2-A.
11. Applicability. Notwithstanding section 1051, this section applies to all persons,
including candidates, their treasurers and authorized committees under section 1013-A,
subsection 1; party committees under section 1013-A, subsection 3; and committees under
section 1052, subsection 2.
Sec. 2. Accountability of Maine's Congressional Delegation to the people
of Maine with respect to federal anticorruption constitutional amendment.
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Actively support and promote" means to sponsor or cosponsor in Congress a joint
resolution proposing pursuant to the United States Constitution, Article V an anticorruption
constitutional amendment, and to advance such constitutional amendment by engaging,
working and negotiating with others in Congress, the State of Maine and the United States
in good faith and without respect to party partisanship to secure passage of such
constitutional amendment in Congress so that Maine and the several states may consider
ratification of such constitutional amendment.
B. "Anticorruption constitutional amendment" means a proposed amendment to the
United States Constitution that is consistent with the principles of the Maine Resolution
and the reaffirmation of the Maine Resolution.
C. "The Maine Resolution" means the joint resolution, Senate Paper 548, adopted by
the 126th Legislature of the State of Maine on April 30, 2013 calling for an amendment to
the United States Constitution to "reaffirm the power of citizens through their government
to regulate the raising and spending of money in elections."
2. Reaffirmation of the Maine Resolution. The Maine Resolution is hereby
reaffirmed and clarified to call on each member of Maine's Congressional Delegation to
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actively support and promote an effective anticorruption amendment to the United States
Constitution to secure the following principles and rights:
A. That governmental power derives from the people, and influence and participation
in government is a right of all the people and under the Constitution of Maine and the
United States Constitution, should not be allocated or constrained based on the use of
wealth to influence the outcome of elections and referenda; and
B. That Maine and the several states, and Congress with respect to federal elections,
must have the authority to enact reasonable limits on the role of money in elections and
referenda to secure the rights of the people of Maine to free speech, representation and
participation in self-government; the principles of federalism and the sovereignty of the
State of Maine and the several states; and the integrity of Maine elections and referenda
against corruption and foreign influence.
3. Accountability. For 7 consecutive years beginning on July 31, 2023, the
Commission on Governmental Ethics and Election Practices shall issue a report, following
public comment, identifying anticorruption amendment proposals introduced in Congress,
and the members of Maine's Congressional Delegation sponsoring such proposals.