Maine Legislature Expands Restrictions on
Contributions from Lobbyists

Carlo Aguja, Esq. 
Manager, Research Services

Legislative Document 54, an Act to Limit the Influence of Lobbyists by Expanding the Prohibition on Accepting Political Contributions, has become law. The bill was passed last summer by the Legislature and became law without Gov. Janet Mill’s signature on January 12.

Legislative Document 54 extends the session ban restricting the governor, members of the Legislature, constitutional officers, and staff from soliciting and accepting contributions from a lobbyist or lobbyist associate to a year-round ban. Additionally, a lobbyist or lobbyist associate may not intentionally give, offer or promise a contribution to a gubernatorial or legislative candidate who is not the governor or a member of the Legislature, or the staff or agent of a gubernatorial or legislative candidate, at any time during the year. Previously, lobbyists were only restricted from contributing to officials during the legislative session.

The new prohibition does not restrict lobbyists and lobbyist associates from making contributions if they are eligible to vote or will be eligible to vote on the day of the election in a district where the governor, member of the Legislature, gubernatorial or legislative candidate will appear on the ballot. Legislative Document 54 also does not apply to the solicitation or acceptance of a contribution from or the offer or promise of a contribution by a lobbyist or lobbyist associate that is not the property of that lobbyist or lobbyist associate. An employer of a lobbyist or a lobbying firm are not subject to the year-round ban, but remain restricted during the session ban on contributions.

Legislative Document 54 allows for the gift of money or anything of value for bona fide social events hosted for nonpartisan charitable purposes; contributions supporting campaigns for federal office; and attendance at fundraising events held by a municipal, county, state or national political party. For fundraising events to qualify, the official may not be involved in soliciting attendance at the event and all proceeds are paid directly to the political party organization hosting the event or a nonprofit charitable organization.

An intentional violation of the prohibition against contributions from a lobbyist or lobbyist associate will result in a civil penalty not to exceed $1,000 for each violation. A contribution accepted in violation must also be returned to the contributor.

Michael Beckett, Esq.,
Associate Director, Research Services

FEDERAL: The Federal Election Commission (FEC) published its price index adjustments for expenditure limitations and the federal lobbyist bundling disclosure threshold. The lobbyist bundling disclosure threshold has increased for 2020 from $18,700 to $19,000. This threshold amount is adjusted annually. Federal law requires authorized committees of federal candidates, leadership political action committees (PACs), and political party committees to disclose contributions bundled by lobbyists and lobbyists’ PACs. Additionally, the FEC published its adjusted Coordinated Party Expenditure Limits for political parties for 2020.

SANTA FE, NEW MEXICO: A federal judge in New Mexico ruled on January 30 that a Santa Fe ordinance requiring disclosure of campaign spending of more than $250 on a ballot proposition is constitutional. Santa Fe Campaign Code 9-2.6, passed in 2015, states that a person or entity spending $250 or more in support of or opposition to a ballot proposition must disclose all expenditures made and contributions received with the city clerk. Senior U.S. District Court judge Judith C. Herrera’s ruling stems from a 2017 lawsuit brought by nonprofit Rio Grande Foundation, which claimed that disallowing anonymous donations to the foundation was an infringement on free speech. While the foundation argued that anonymity protects donors from potential harassment from those who disagree with the issues being advocated, the judge found that the disclosure requirements of the ordinance serve substantial governmental interests

At any given time, more than 1,000 legislative bills, which can affect how you do business as a government affairs professional, are being discussed in federal, state, and local jurisdictions. These bills are summarized in State and Federal Communications' digital encyclopedias for lobbying laws, political contributions, and procurement lobbying and can be found in the client portion of our website.

Summaries of major bills are also included in monthly email updates sent to all clients. The chart below shows the number of bills we are tracking in regarding lobbying laws, political contributions, and procurement lobbying.
 

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