AUGUSTA – The ethics commission has given preliminary approval to a partial set of recommended changes in state election law.

On Monday, the Maine Commission on Governmental Ethics and Election Practices began work on legislative recommendations that could place stricter limitations on political advertising, offer more leeway to punish Maine Clean Election Act violators, and deny public funding to campaigns.

Commissioners put off consideration of other issues until more information can be gathered, including public testimony at its Dec. 12 meeting.

The commission has until 90 days after the election to make its recommendations for changes to the Legislature.

Among the most substantial changes considered, the commission favored placing tighter restrictions on advertising by third parties.

Now, any advertisement that names a candidate in the final 21 days before an election counts as express advocacy and can trigger matching money for other publicly funded candidates in the race.

Advertising that runs prior to the 21-day limit must “expressly advocate” for the election or defeat of a candidate before it will generate matching funds. Most simply, express advocacy requires the ad to say “vote for,” “elect” or “defeat” a named candidate.

Commissioners agreed that the deadline should be extended to 60 days before a general election and 30 days before a primary.

The 60-day threshold mirrors federal law concerning advertising before an election, said Jonathan Wayne, the commission’s executive director. Sixty days “does appear to be the unofficial start of the political season,” he said.

The change, however, might also include costs. By moving the date, the spending by outside groups could cause the state to spend more in support of Maine Clean Election Act candidates, who are entitled to matching money when independent expenditures are made in their race.

“Everything we do might have some kind of impact,” said Commissioner Andrew Ketterer. “I’d be inclined to run with the 60 days and see what (the Legislature) says.”

The commission struggled with the issue of independent expenditures during the last election when the Maine Democratic Party and the Republican Governors Association spent heavily on ads in the gubernatorial race.

“The suggestion of the 60 days is really geared toward the structure of trying to decide what direct advocacy is,” said Newell Augur, a Democratic lawyer who spoke before the commission. “If you triple the amount of time, you still haven’t addressed that issue.”

Prompted by two high-profile cases that involved the gubernatorial campaigns this year, the commission also wants to change the law to give itself more latitude in denying public funds to candidates who run afoul of the Maine Clean Election Act.

Among other things, the recommendation would allow the commission to decertify a candidate who breaks the law and would allow more flexibility in denying certification in the first place.

Wayne said he did not anticipate having to use the provisions at all during most election years, but that it would be a tool in extraordinary circumstances.

“We realized that there is no provision in the statute authorizing the commission to revoke or decertify” a candidate, Wayne said.

“I think it’s important for us to have that vehicle available for us,” said Commissioner Jean Ginn Marvin.

The commission intends to consider other recommendations and is hoping for public comment during its Dec. 12 public meeting. Other issues include rules governing political action committees run by Clean Election Act candidates and disclosure requirements on political advertisements and telephone calls.

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