Candidates who participate in the public financing programs may withdraw prior to the end of the qualifying period in Arizona and prior to certification as a Clean Election Act candidate in Maine. Arizona’s deadline is explicitly stated in regulation, while Maine’s is implied in statute.

Under Arizona’s Citizens Clean Elections Act, “participating candidate” means one whom the Citizens Clean Elections Commission (CCEC) certifies after he has met specified requirements during the qualifying period (ARS § 16-961 (C)).

Under the Arizona Administrative Code, voluntary termination of participating candidate status can only occur before the end of the qualifying period and must be approved by the CCEC (AAC R2-20-108). When that happens, the candidate is no longer eligible to receive public funding and must return all monies received from the Citizens Clean Elections Fund, spent and unspent, within 30 days. A participating candidate who opts out prior to submitting his qualifying contributions to the Fund must make every effort to return them to the contributors within 30 days of withdrawal. If a contributor cannot be located, the qualifying contribution is remitted to the Fund. According to Autumn Southard, voter education manager at the CCEC, the law does not impose a civil or criminal penalty on a participating candidate who withdraws after the qualifying period.

Under the Maine Clean Election Act, “participating candidate” means a candidate who is seeking to be certified as a Maine Clean Election Act candidate (MRSA 21A § 1122 (6)). “Certified candidate” means a candidate who chooses to participate and whom the Commission on Governmental Ethics and Election Practices certifies as a Maine Clean Election Act candidate (MRSA 21A § 1122 (1)).

According to Jonathan Wayne, Executive Director of Maine’s Commission on Governmental Ethics and Election Practices, once the commission certifies a candidate, he is not allowed to opt out of the public financing program without penalty. If a participating candidate only files the Declaration of Intent (to participate) or receives qualifying contributions but is not yet certified, the Commission's interpretation is that he could still run a traditionally-financed campaign.   In the past, some candidates have been unsuccessful in collecting the qualifying contributions, requiring them to run traditional campaigns.

Though the Act does not explicitly state that certified candidates are prohibited from withdrawing from the public financing program after a certain time, Wayne said that this is implied in several provisions dictating the terms of participation (see MRSA 21A § 1125). One provision in particular, MRSA 21A § 1125 (5), specifies that upon certification, a candidate must comply with all of the Act’s requirements. Failure to do so is considered a violation and is punishable by a civil or criminal penalty.

KS: ts