Independent Expenditures

An independent expenditure is defined in the Maine Election Law to mean any expenditure for a communication (e.g., palm cards, newspaper or other media advertisements, phone banks, etc.) that expressly advocates the election or defeat of a clearly identified candidate.

In addition, any expenditure made to design, produce or disseminate a communication that names or depicts a clearly identified candidate and that is disseminated in a race involving a Maine Clean Election Act candidate during the 21 days before a primary election or the 35 days before a general election is presumed to be an independent expenditure. The person making the expenditure may rebut the presumption within 48 hours by filing a written statement that the cost was not intended to influence the election.

Any individual or organization making an independent expenditure aggregating more than $100 per candidate must file an Independent Expenditure Report . If the expenditure is greater than $250, it must be reported to the Ethics Commission within 24 hours.

Independent expenditures are taken into account when determining whether a Maine Clean Election Act (MCEA) candidate is entitled to matching funds. For example, an independent expenditure made to benefit a candidate may cause matching funds to be paid to the candidate's MCEA opponent.

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Independent Expenditures