Question 2 - An Act to Prohibit Campaign Spending by Foreign Governments and Promote an Anticorruption Amendment to the United States Constitution

Summary

This initiated bill makes the following changes to the election laws. 1. It prohibits a foreign government-influenced entity from making, 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. It prohibits a person from knowingly or recklessly providing substantial assistance, with or without compensation, in the making of an expenditure,independent expenditure, electioneering communication or disbursement in violation of this prohibition. It prohibits a person from knowingly soliciting, accepting or receiving a contribution or donation in violation of this prohibition and prohibits a person from knowingly or recklessly providing substantial assistance, with or without compensation, in the making, solicitation,acceptance or receipt of a contribution or donation in violation of this prohibition. 2. It prohibits a person from structuring or attempting to structure a solicitation, contribution,expenditure, independent expenditure, electioneering communication, donation, disbursement or other transaction to evade the prohibitions and requirements in the initiated bill. 3. It requires, whenever a foreign government-influenced entity disburses funds to finance a public communication to influence the public or government officials on issues of state or local policy or foreign relations, that the communication include a clear and conspicuous statement naming the foreign government-influenced entity as a sponsor of the communication. 4. It directs each television or radio broadcasting station, provider of cable or satellite television, print news outlet and Internet platform to establish due diligence policies to prevent 12the distribution of communications for which foreign government-influenced entities have made prohibited expenditures, independent expenditures, electioneering communications or disbursements and further directs an Internet platform to, upon discovery, immediately remove any such communications from its platform. 5. It provides that the Commission on Governmental Ethics and Election Practices may assessa penalty of not more than $5,000 or double the amount of the contribution, expenditure,independent expenditure, electioneering communication, donation or disbursement involved inthe violation, whichever is greater, for a violation of the initiated bill. 6. The initiated bill also calls on each member of Maine's Congressional Delegation to actively support and promote an effective anti corruption 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. 7. For 7 consecutive years beginning July 31, 2023, the initiated bill requires the Commission On Governmental Ethics and Election Practices to issue a report, following public comment,identifying anti corruption amendment proposals introduced in Congress and the members of Maine's Congressional Delegation sponsoring such proposals.

A "YES" vote is to enact the initiated legislation.

A "NO" vote opposes the initiated legislation.

Arguments

"State press and broadcast associations have raised objections to a provision in the proposed law that would require news outlets to determine whether a prospective campaign advertisement is being purchased by a foreign-government owned company or entity, or face financial penalties." - Maine Public, in opposition to Question 2 (Learn more)

"The current level of spending, which increases every year, is poisonous to our democracy — this initiative is the antidote that Mainers have been asking for." - State Senator Nicole Grohoski, in support of Question 2 (Learn more)

"I have witnessed firsthand how foreign governments try to disrupt our democracy for their own benefit. This bill is long overdue and should be passed immediately in order to protect our elections as well as our national security." - Dave Emery, former Congressman and Deputy Director of the United States Arms Control and Disarmament Agency, in support of Question 2 (Learn more)

"Critics warn that Question 2 may be unconstitutional and run counter to the same the 2010 Citizens United ruling that the legislation ultimately seeks to overturn." - Maine Public, in opposition to Question 2 (Learn more)

Measure Details