October 26, 2010 Actions

Commission Actions
Meeting of October 26, 2010, 9:00 a.m.
45 Memorial Circle, Augusta, Maine

Present: Walter F. McKee, Esq., Chair; André G. Duchette, Esq. (by phone); Margaret E. Matheson, Esq.; Michael T. Healy, Esq.

1. Request by Gayle Green concerning Elizabeth Mitchell
Gayle Green of Windsor requested that the Commission consider whether 2010 gubernatorial candidate Elizabeth Mitchell violated the Code of Fair Campaign Practices because of the content of her campaign’s first television advertisement. Ms. Green also questioned whether the advertisement was closed-captioned.

Motion: That the Commission find that it has no jurisdiction and take no action on the request regarding the complaint alleging a violation of the Code of Fair Campaign Practices and that the Commission find no violation of the close-captioning requirement.
Made by: Mr. Healy
Seconded by: Mr. Duchette
Vote: 3-0 (motion passed; Mr. McKee was not present for this vote)

2. Request by Maine Republican Party concerning Robert Sezak
The Maine Republican Party complained that House candidate Robert Sezak used a discount card for his bookstore to promote his election.

Motion: That the Commission find there was a violation of the Maine Clean Election Act because Mr. Sezak accepted an improper contribution and assess a penalty of $25.
Made by: Mr. Duchette
Seconded by: Mr. Healy
Vote: 3-0 (motion passed; Mr. McKee was not present for this vote)

3. Request by Shelley Sylvester concerning Patricia Brown
Patricia Brown, the Register of Deeds for Aroostook County, filed a sworn statement with her registration form that she would not make expenditures for her campaign. The statement exempts the candidate from the duties of filing campaign finance reports and appointing a treasurer. Ms. Brown subsequently made two campaign expenditures before revoking the statement on October 21, 2010.

Motion: That the Commission find Ms. Brown in violation because she failed to file the revocation notice and assess a penalty of $59.40.
Made by: Mr. Healy
Seconded by: Mr. Duchette
Vote: 3-0 (motion passed; Mr. McKee was not present for this vote)

4. Request by Maine Democratic Party concerning Republican State Leadership Committee
The Maine Democratic Party filed a request that the Commission consider whether the Republican State Leadership Committee filed an independent expenditure report late.

Motion: That the Commission authorize the staff to investigate this matter and to place it on the Commission’s agenda as soon as it is appropriate to do so.
Made by: Mr. Healy
Seconded by: Mr. Duchette
Vote: 3-1 (motion passed)
Yeas: Mr. McKee, Mr. Duchette, Mr. Healy
Nays: Ms. Matheson

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