Section 1064 - Foreign government campaign spending prohibited1.Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Contribution" has the meanings given in section 1012, subsection 2 and section 1052, subsection 3. B. "Electioneering communication" means a communication described in section 1014, subsection 1, 2 or 2-A. C. "Expenditure" has the meanings given in section 1012, subsection 3 and section 1052, subsection 4. D. "Foreign government" includes any person or group of persons exercising sovereign de facto or de jure political jurisdiction over any country other than the United States or over any part of such country and includes any subdivision of any such group and any group or agency to which such sovereign de facto or de jure authority or functions are directly or indirectly delegated. "Foreign government" includes any faction or body of insurgents within a country assuming to exercise governmental authority, whether or not such faction or body of insurgents has been recognized by the United States. E. "Foreign government-influenced entity" means: (1) A foreign government; or (2) A firm, partnership, corporation, association, organization or other entity with respect to which a foreign government or foreign government-owned entity: (a) Holds, owns, controls or otherwise has direct or indirect beneficial ownership of 5% or more of the total equity, outstanding voting shares, membership units or other applicable ownership interests; or (b) Directs, dictates, controls or directly or indirectly participates in the decision-making process with regard to the activities of the firm, partnership, corporation, association, organization or other entity to influence the nomination or election of a candidate or the initiation or approval of a referendum, such as decisions concerning the making of contributions, expenditures, independent expenditures, electioneering communications or disbursements. F. "Foreign government-owned entity" means any entity in which a foreign government owns or controls more than 50% of its equity or voting shares. G. "Independent expenditure" has the meaning given in section 1019-B, subsection 1. H. "Public communication" means a communication to the public through broadcasting stations, cable television systems, satellite, newspapers, magazines, campaign signs or other outdoor advertising facilities, Internet or digital methods, direct mail or other types of general public political advertising, regardless of medium. I. "Referendum" means any of the following: (1) A people's veto referendum under the Constitution of Maine, Article IV, Part Third, Section 17; (2) A direct initiative of legislation under the Constitution of Maine, Article IV, Part Third, Section 18; (3) A popular vote on an amendment to the Constitution of Maine under the Constitution of Maine, Article X, Section 4; (4) A referendum vote on a measure enacted by the Legislature and expressly conditioned upon ratification by a referendum vote under the Constitution of Maine, Article IV, Part Third, Section 19; (5) The ratification of the issue of bonds by the State or any state agency; and (6) Any county or municipal referendum. 2. Campaign spending by foreign governments prohibited. A foreign government influenced entity may not make, 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. 3. Solicitation or acceptance of contributions from foreign governments prohibited. A person may not knowingly solicit, accept or receive a contribution or donation prohibited by subsection 2. 4. Substantial assistance prohibited. A person may not knowingly or recklessly provide substantial assistance, with or without compensation: A. In the making, solicitation, acceptance or receipt of a contribution or donation prohibited by subsection 2; or B. In the making of an expenditure, independent expenditure, electioneering communication or disbursement prohibited by subsection 2. 5. Structuring prohibited. A person may not structure or attempt to structure a solicitation, contribution, expenditure, independent expenditure, electioneering communication, donation, disbursement or other transaction to evade the prohibitions and requirements in this section. 6. Communications by foreign governments to influence policy; required disclosure. Whenever a foreign government-influenced entity disburses funds to finance a public communication not otherwise prohibited by this section to influence the public or any state, county or local official or agency regarding the formulation, adoption or amendment of any state or local government policy or regarding the political or public interest of or government relations with a foreign country or a foreign political party, the public communication must clearly and conspicuously contain the words "Sponsored by" immediately followed by the name of the foreign government-influenced entity that made the disbursement and a statement identifying that foreign government-influenced entity as a "foreign government" or a "foreign government-influenced entity." 7. Due diligence required. Each television or radio broadcasting station, provider of cable or satellite television, print news outlet and Internet platform shall establish due diligence policies, procedures and controls that are reasonably designed to ensure that it Page 3 does not broadcast, distribute or otherwise make available to the public a public communication for which a foreign government-influenced entity has made an expenditure, independent expenditure, electioneering communication or disbursement in violation of this section. If an Internet platform discovers that it has distributed a public communication for which a foreign government-influenced entity has made an expenditure, independent expenditure, electioneering communication or disbursement in violation of this section, the Internet platform shall immediately remove the communication and notify the commission. 8. Penalties. The commission may assess a penalty of not more than $5,000 or double the amount of the contribution, expenditure, independent expenditure, electioneering communication, donation or disbursement involved in the violation, whichever is greater, for a violation of this section. In assessing a penalty under this section, the commission shall consider, among other things, whether the violation was intentional and whether the person that committed the violation attempted to conceal or misrepresent the identity of the relevant foreign government-influenced entity. 9.Violations. Notwithstanding section 1004, a person that knowingly violates subsections 2 through 5 commits a Class C crime. 10. Rules. The commission shall adopt rules to administer the provisions of this section. Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 11. Applicability. Notwithstanding section 1051, this section applies to all persons, including candidates, their treasurers and authorized committees under section 1013-A, subsection 1; party committees under section 1013-A, subsection 3; and committees under section 1052, subsection 2. Ballot measure voted on by the people at 11/7/2023 election.