Maine LD 479: An Act To Ban Foreign Campaign Contributions And Expenditures In Maine Elections

Bill Text

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130th MAINE LEGISLATURE
FIRST REGULAR SESSION-2021
Legislative Document No. 479
H.P. 353 House of Representatives, February 16, 2021
An Act To Ban Foreign Campaign Contributions and Expenditures
in Maine Elections
Received by the Clerk of the House on February 11, 2021. Referred to the Committee on
Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative BAILEY of Gorham.
Cosponsored by Senator MIRAMANT of Knox and
Representatives: BELL of Yarmouth, CARLOW of Buxton, COREY of Windham,
DOUDERA of Camden, EVANGELOS of Friendship, HASENFUS of Readfield,
McCREIGHT of Harpswell, WOOD of Portland.

Page 1 - 130LR0335(01)
1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 21-A MRSA §1006 is enacted to read:
3 §1006. Contributions, expenditures and participation by foreign nationals
4 1. Definitions. As used in this section, unless the context otherwise indicates, the
5 following terms have the following meanings.
6 A. "Ballot measure" means any of the following:
7 (1) A people's veto referendum under the Constitution of Maine, Article IV, Part
8 Third, Section 17;
9 (2) A direct initiative of legislation under the Constitution of Maine, Article IV,
10 Part Third, Section 18;
11 (3) A popular vote on an amendment to the Constitution of Maine under the
12 Constitution of Maine, Article X, Section 4;
13 (4) A referendum vote on a measure enacted by the Legislature and expressly
14 conditioned upon ratification by a referendum vote under the Constitution of
15 Maine, Article IV, Part Third, Section 19;
16 (5) The ratification of the issue of bonds by the State or any state agency; and
17 (6) Any county or municipal referendum.
18 B. "Contribution" has the same meaning as in section 1012, subsection 2.
19 C. "Covered activity" means an activity prohibited under subsection 2 or 3.
20 D. "Design, produce or disseminate" means to write, draft or illustrate, including by
21 graphic design or photograph; to record or edit audio or video communications; to
22 create computer programs or digital tools to produce or distribute communications; to
23 engage in public relations activities to increase the publicity or potential audience of a
24 communication; and to poll, perform data analytics, develop or purchase mailing or
25 social media lists or engage in other activities that support the distribution of a
26 communication.
27 E. "Electioneering communication" means a communication described in section 1014,
28 subsection 1, 2 or 2-A.
29 F. "Expenditure" has the same meaning as in section 1012, subsection 3.
30 G. "Foreign national" includes:
31 (1) A foreign principal as defined in 22 United States Code, Section 611(b) (2020)
32 and any agent or separate segregated fund of a foreign principal;
33 (2) An individual who is:
34 (a) Not a citizen of the United States;
35 (b) Not a national of the United States as defined in 8 United States Code,
36 Section 1101(a)(22); and
37 (c) Not an individual lawfully admitted for permanent residence as defined in
38 8 United States Code, Section 1101(a)(20); and

Page 2 - 130LR0335(01)
1 (3) A firm, partnership, corporation, association, organization or other entity:
2 (a) With respect to which a foreign owner or a person described in
3 subparagraph (1) or (2) holds, owns, controls or has direct or indirect beneficial
4 ownership of at least 5% of the entity's total equity or outstanding voting
5 shares;
6 (b) With respect to which 2 or more foreign owners or persons described in
7 subparagraph (1) or (2), in combination, hold, own, control or have a direct or
8 indirect beneficial ownership of at least 20% of the entity's total equity or
9 outstanding voting shares, excluding interests held in a widely held, diversified
10 fund;
11 (c) That is exempt from taxation under Section 501(c)(4) of the Internal
12 Revenue Code of 1986 and with respect to which at least 20% of the income
13 received by the entity in the most recent taxable year derives from one or more
14 foreign nationals; or
15 (d) With respect to which a foreign owner or a person described in
16 subparagraph (1) or (2) participates directly or indirectly in decisions to engage
17 in a covered activity.
18 H. "Foreign owner" means a firm, partnership, corporation, association, organization
19 or other entity, with respect to which a person described in paragraph G, subparagraph
20 (1) or (2) holds, owns, controls or otherwise has a direct or indirect beneficial
21 ownership in at least 50% of the entity's total equity or outstanding voting shares,
22 excluding interests held in a widely held, diversified fund.
23 I. "Independent expenditure" has the same meaning as in section 1019-B, subsection 1.
24 J. "Initiate" has the same meaning as in section 1052, subsection 4-B.
25 K. "Widely held, diversified fund" means a pooled investment, including a common
26 trust fund of a financial insti