The Maine Clean Elections Act fund may not have enough money for 2010 gubernatorial candidates.

The budget shortfall comes after $4.4 million was "borrowed" from the fund to support various other areas of state government. While there's a clause in place pledging to return the money, it will be up to the incoming legislators to formally transfer the borrowed funds back.

Given the tough budget cycle coming up, there are no guarantees that money will in fact be returned. David Farmer, spokesman for Gov. John Baldacci, said that the chief executive is in the process of putting together a supplemental budget and he could not say what priority clean elections funding will have.

In order to help preserve the program, the state Ethics Commission has been asked to review qualifications for gubernatorial MCEA candidates.

"Given the current budgetary challenges facing the state, it is even more important and prudent to review the qualifying process for gubernatorial candidates to ensure that candidates seeking public funds for their campaign truly have significant support from Maine voters," wrote Jonathan Wayne, executive director of the commission, in a report issued last month. "This is necessary to conserve scarce public funds needed for the MCEA program and to help maintain support for it."

Paul Lavin, assistant director of the commission, said that there is still enough money to sustain public financing for legislative elections.  But in order to sustain the gubernatorial program, $4.4 million will need to be transferred from the General Fund in the 2010-2011 budget, according to a report released Wayne. This figure was calculated under the presumption that four general election candidates will qualify for funds.

Since 2003, when the law was implemented, there have been a number of transfers in and out of the Clean Elections fund, leaving a net reduction of $4.4 million.

Transfers from the MCEA fund:

• June 2003: $4 million transferred to the rainy day fund
• June 2003: $2.5 million transferred to the general fund
• June 2004: $225,000 transferred to the general fund
• January 2009 budget: $1.3 million funding reduction

Transfers to the MCEA fund:

• January 2006: $2.6 million from the general fund
• September 2006: $1.2 million from the general fund

The commission anticipates the following costs of the gubernatorial program in 2010, under the premise that there are two primary-only candidates and four general election candidates:

• $1 million for primary election initial payments
• $800,000 for primary election matching funds
• $2.4 million in general election initial payments
• $2.4 million in general election matching funds
• $6.6 million total

In 2006, four candidates qualified for public financing: Chandler Woodcock (R-Farmington), Peter Mills (R-Skowhegan), Pat LaMarche (G-Yarmouth) and Barbara Merrill (I-Appleton). Winner Gov. John Baldacci (D-Bangor) used traditional financing to support his bid.

The commission is recommending a requirement that each candidate collect $30,000 in seed money. Currently there is no minimum, but candidates may collect up to $50,000. Each candidate gets an initial payment of $200,000 for the primary and then $600,000 for the general. They are also allowed matching funds – a minimum of $400,000 for the primary and $600,000 for the general, if their opponents raise more or independent expenditures are made.

Ending clean elections funding for gubernatorial elections has been floated as a possibility in several forums. However, members of the Ethics Commission are opposed to this initiative unless the matter is brought before voters, according to Wayne's report.

A Critical Insights poll commissioned by Maine Citizens for Clean Elections suggests that 82 percent of Maine voters support the Clean Elections program for gubernatorial candidates, and three-fifths of residents said they would be more likely to vote for a Clean Elections candidate.