Maine State Library Maine State Documents Governmental Ethics and Election Practices Documents 2010 Guidebook for 2010 Gubernatorial Candidates: Running for Office in Maine. Traditionally Financed Candidates Maine Commission on Governmental Ethics and Election Practices Follow this and additional works at:http://statedocs.maine.gov/ethics_docs Recommended Citation Maine Commission on Governmental Ethics and Election Practices, "Guidebook for 2010 Gubernatorial Candidates: Running for Office in Maine. Traditionally Financed Candidates" (2010).Governmental Ethics and Election Practices Documents.Paper 14. http://statedocs.maine.gov/ethics_docs/14 This Document is brought to you for free and open access by Maine State Documents. It has been accepted for inclusion in Governmental Ethics and Election Practices Documents by an authorized administrator of Maine State Documents. For more information, please [email protected]. COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES 135 STATE HOUSE STATION AUGUSTA, ME 04333 Guidebook for 2010 Gubernatorial Candidates Running for Office in Maine d e c n a n s e i F t a d y l i l d a n n a o C i t i d a r T Publication Date: 7/1/2009 2010 Candidate Guide Note on Publication of Guidebook (July 1, 2009) This guidebook is addressed to individuals who may run for the office of Governor in the 2010 elections as a traditionally financed candidate. The advice reflects laws enacted during the 2009 legislative ses- sion. Accordingly, a few new requirements do not take effect until September 12, 2009: • increased contribution limits (page 19), • collecting contributions for the general election before the primary election (page 20), and • amended requirements for the disclosure statement that must be included in candidates’ commu- nications to voters (“paid for and authorized by …”) (pages 43 - 44). The Commission is undertaking a rulemaking to implement the 2009 law changes and to make other im- provements to the Commission’s Rules, including the topics of: • collecting general election contributions before the primary election, and • standards for candidates’ collection of campaign contributions from minors (persons 17 years of age or younger). More information about the rulemaking will be posted soon on the Commission’s website at www.maine.gov/ethics. A public hearing on the rulemaking will be held on July 30, 2009. It is prelimi- narily expected that the new rules will take effect in late September. Information concerning the petitioning process and qualifications for office will be provided by the Secre- tary of State later in 2009. The Ethics Commission may publish an updated guidebook later in 2009 or in 2010. The Commission has taken care to make this guidebook concise and accurate. However, you should not substitute the information presented here for the applicable statutory provisions of Maine Election Law and the Commission’s Rules. The statutes and rules are available on the Commission’s website. The statutory requirements are controlling in the event of any omission in this publication. Its contents are subject to statutory changes enacted by the Legislature and rule changes approved under the Ad- ministrative Procedure Act. Please telephone the Commission staff at (207) 287-4179 if you have any questions. Page i DIRECTORY Department of the Secretary of State Division of Elections Office location: 111 Sewall Street, 4th Floor, Augusta 101 State House Station Augusta, Maine 04333-0101 Telephone: (207) 624-7650 Fax: (207) 287-6545 Website: www.maine.gov/sos E-mail: [email protected] Commission on Governmental Ethics and Election Practices Office Location: 45 Memorial Circle, Second Floor, Augusta Mail: 135 State House Station Augusta, Maine 04333-0135 Telephone: (207) 287-4179 Fax: (207) 287-6775 Website: www.maine.gov/ethics Electronic Filing: www.mainecampaignfinance.com/public/home.asp Federal Election Commission 999 East Street, N.W. Washington, D.C. 20463 Telephone: (800) 424-9530 or (202) 219-3670 Website: www.fec.gov Federal Communications Commission Office of Political Programming 445 12th Street, S.W. Washington, D.C. 20554 Telephone: (202) 418-1440 E-mail: [email protected] National Call Center (Toll Free): 1-888-225-5322 Website: www.fcc.gov/mb/policy/political Department of Transportation Right of Way Maintenance Control Section 16 State House Station Augusta, ME 04333-0016 (207) 624-3611 Website: www.maine.gov/mdot/traffic-counts/obds.php Front Cover: Blaine House, Augusta, Maine (Early 20th Century) Page ii 2010 Candidate Guide T C ABLE OF ONTENTS PAGE CHAPTER 1 Getting Started as a Candidate 1 CHAPTER 2 Filing Campaign Finance Reports and Record-Keeping 5 CHAPTER 3 What to Include in Campaign Finance Reports 13 CHAPTER 4 Accepting Contributions 19 CHAPTER 5 Making Expenditures 29 CHAPTER 6 Running Against a Maine Clean Election Act Candidate 33 CHAPTER 7 Disclosure on Campaign Communications 43 CHAPTER 8 Post-Election Responsibilities for Traditionally Financed Candidates 47 APPENDIX 51 Page iii 2010 Candidate Guide C 1 HAPTER Getting Started as a Candidate Selecting a Campaign Treasurer Every candidate is required to appoint a campaign treasurer Definition of a “Candidate” before accepting any cash or in-kind contributions, making any ‘Candidate’ means any person who has expenditures, or incurring any obligations. A deputy treasurer filed a [primary or nomination petition] and has qualified as a candidate by either may be appointed, but is not required. procedure, or any person who has The treasurer has specific duties under the Election Law: received contributions or made expenditures or has given his consent for • keeping detailed records of all campaign contribu- any other person to receive contributions or make expenditures with the intent of tions and expenditures, qualifying as a candidate. • completing campaign finance reports, and (21-A M.R.S.A. § 1(5)) • filing campaign finance reports on time. Every candidate should select a capable and reliable treasurer, who will actively keep track of your cam- paign finances, save records of your campaign contributions and expenditures as required by law, and file complete and accurate reports. Candidates sometimes wish to select someone who has name recognition to be the treasurer. While this may be politically helpful, it may not be the best way to manage a campaign’s finances. One way to have a recognized name associated with your campaign is to appoint that person as the chair of your campaign committee and not as your treasurer. Your treasurer should be actively involved with your campaign since you and your treasurer are both legally responsible for accurate reporting and record- keeping. CHAPTER 1 Page 1 Forming a Campaign Committee As a candidate, you may choose to organize one campaign committee to promote your election, such as “Friends of John Smith” or “Committee to Elect John Smith.” If you choose to form a committee, it must be identified on the Candidate Registration form. Candidate committees are not political action committees (PACs). You can form a PAC for purposes other than your own election (for example, helping to elect other candidates or raising funds for leader- ship campaigns). Exploratory Committees Maine Election Law does not provide for exploratory committees for candidates who are considering run- ning for elective office. Registering as a Candidate with the Ethics Commission Within ten days of appointing a treasurer, you must file the Candidate Registration form with the Com- mission. This form provides basic contact information about you, your treasurer, deputy treasurer (if you have one), and your campaign committee (if any). When registering as a candidate, please remember: (cid:121) The Registration must be filed using the paper form. You cannot file the Registration elec- tronically. (cid:121) If the information for you, your treasurer, deputy treasurer, or campaign committee changes during the campaign (including after the election), you must file an amended Registration form with the Commission or submit the changes in writing or by e-mail to the Commission. These updates are required by law and allow the Commission to contact you with reminders, notic- es, and telephone calls throughout the election year. WHEN TO REGISTER AS A CANDIDATE Event occurs: What to do: How to register: If you accept cash or in-kind contributions, make expenditures, or incur obligations for Appoint a treasurer before accepting any your campaign contributions, making expenditures, or incurring obligations, and then register as If you give your consent for any other person a candidate within 10 days of appointing a Complete the candi- to receive contributions or make expenditures treasurer date registration form with the intent of qualifying as a candidate and submit it to the Commission If you filed a primary or nomination petition Appoint a treasurer within 10 days of and qualified as a candidate under either pro- qualifying as a candidate, and register as cedure a candidate within 10 days of appointing a treasurer Page 2 2010 Candidate Guide The duties to timely appoint a treasurer and to register as a candidate are statutory requirements under 21-A M.R.S.A. § 1013-A(A), so candidates are advised to take these responsibilities seriously. Code of Fair Campaign Practices The Maine Code of Fair Campaign Practices was adopted by the Maine Subscribing to the Code is Legislature in 1989 and is a voluntary statement for candidates running voluntary. The Commission is not authorized to take for the offices of Governor, the Senate, and the House of Representa- action against candidates tives. The Code lists standards of conduct “consistent with the best who violate the Code. Maine and American traditions, [of] discussing the issues and presenting [the] record and policies with sincerity and candor.” If you wish to subscribe to the Code, please sign the “Maine Code of Fair Campaign Practices” form, which is part of the registration packet. Open a Separate Bank Account All candidates must have a separate bank account for their cam- The Election Law prohibits paign funds. Candidates must deposit all contributions into a commingling campaign funds with separate bank account that is used only for their campaign. A any personal funds that belong to candidate may never commingle campaign contributions with any the candidate, campaign treasurer, other funds. If you have kept a bank account from a previous or other officers of the campaign committee. election open by maintaining personal funds in that account, please remove those personal funds as soon as you have first deposited campaign contributions into the account. You are allowed to spend any interest earned on your campaign account, but you must remem- ber to report any interest earned as a receipt. The Commission staff recommends using the campaign account’s checks or debit card as much as pos- sible when making campaign expenditures. Using the campaign account’s checks or debit card (rather than cash or your personal funds) will help you to keep track of the dates, amounts, and payees of your expenditures when it is time to file your campaign finance reports. Write-In Candidates Under the Commission’s Rules, write-in candidates are required to register and to file campaign finance reports with the Commission according to the same reporting schedule as candidates on the ballot. Please check with the Office of the Secretary of State regarding the requirements for write-in candidates, because those requirements were amended in the 2009 legislative session. CHAPTER 1 Page 3