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Home > Meetings > October 17, 2008

October 17, 2008 Commission Meeting

Click the title of an agenda item below to view a pdf file of the meeting materials relating to that item. This agenda is also available as a pdf file.

Meeting of October 17, 2008
1:00 p.m., Room 208, Burton M. Cross Office Building,
111 Sewall Street, Augusta, Maine

1.  Complaint against Jeffrey F. Miller regarding Improper Claim of Endorsements/
Mr. Miller’s Complaint regarding Representative Joshua A. Tardy

On September 29, 2008, Representative Joshua A. Tardy filed a complaint against Democratic House candidate Jeffrey F. Miller, alleging that he improperly claimed to have been endorsed by the Sportsman’s Alliance of Maine.  Jeffrey Miller submitted a response, which includes a request that the Commission investigate whether Representatives Joshua Tardy and Jeffery Gifford made a misleading and untrue attack against him.

1A.  Complaint against Tyler Clark regarding Use of Photo
Sue Bernard has filed a complaint against House candidate Tyler Clark regarding his use of a photograph of her in his campaign literature.

2.  Dory Waxman’s Complaint against Ed Suslovic regarding Endorsements
Portland City Council candidate Dory Waxman has filed a complaint against her opponent Ed Suslovic alleging that his campaign website and literature has misled voters regarding endorsements of his campaign.

3.  Request by Maine Republican Party regarding Alexander Cornell du Houx
Download video of ad (1 MB .mov file)
The Maine Republican Party requests that the Ethics Commission consider whether House candidate Alexander Cornell du Houx’s appearance in an advertisement sponsored by provides him with an unfair advantage and an impermissible in-kind contribution in his District 66 race. 

4.  Late Independent Expenditure Report by Maine Democratic Party
On September 29, 2008, the Maine Democratic Party filed an independent expenditure report in support of Peter Bowman seven days late.  The party has submitted a letter explaining the cause of the late filing, and has paid the routine late-filing penalty of $328.30.  The Commission staff recommends taking no further action in this matter.

5.  Inquiry regarding Express Advocacy in Party Mailings
Several House candidates have inquired informally whether they are entitled to receive matching funds under the Maine Clean Election Act as a result of mailers sent by the state Democratic and Republican parties.  The Commission staff has found preliminarily that no matching funds are due because of the timing of the mailings and the lack of express advocacy.

5A.  Complaint Alleging Lack of Sponsorship Disclosure/Paul R. Dumas, Jr.
An anonymous person filed a letter with the Commission stating that he or she had received a one-page pamphlet from the campaign of Paul R. Dumas for Judge of Probate in Oxford County, which lacked a statement identifying the person who made the expenditure for the communication.  On its face, the literature is clearly from the candidate.  In his reply, Mr. Dumas states that he believes the pamphlet was a proof that he created on his laptop, and that the palmcard was modified before printing and included the required disclosure.  He states that all of his advertising and upcoming mailings include the required disclosure, and believes his signs are in full compliance.  Staff recommendation: the staff recommends that you take no action on the letter.

6.  Meeting Schedule for the Commission
Time permitting, the Commission may discuss the schedule for Commission meetings in 2009, and whether the meetings currently scheduled for November 24, 2008 and December 29, 2008 meetings are convenient for members’ holiday schedules.


Other Business

If necessary.