Compliance Notes - Vol. 7, Issue 11

Campaign Finance & Lobbying Compliance

Maine: The Maine Ethics Commission voted unanimously on May 27 to circulate an advisory statement warning candidates that publishing messaging and instructions for supportive PACs on their websites, a tactic known as "red boxing," may constitute an illegal campaign contribution under state law. The advisory states that if a PAC engages in advertising in response to red-boxed instructions, the candidate may have received a contribution exceeding legal limits even without direct private communication with the PAC. The commission's approach is more stringent than the Federal Election Commission's, which holds that a public website post does not constitute a request or suggestion that results in a contribution. The commission acknowledged the guidance carries litigation risk, particularly around First Amendment concerns, and agreed to look into whether a legislative resolution would be appropriate. (Lauren McCauley, Maine Morning Star)