1. Ratification of the Minutes of the September 25, 2024 Meeting
Motion: To approve the minutes as presented
Made by: Commissioner Hastings
Seconded by: Commissioner Marble
Vote: 4-1 (Commissioner Ahearn abstained as she was not present for the Sept. 25, 2024 meeting)
2. Complaint – Lawn Signs without Disclosure Statement
Tom Saviello filed a complaint about a lawn sign opposing his election as County Commissioner in Franklin County that did not include a statement identifying who had paid for the sign. He also photographed a similar sign opposing Stephan Bunker for the Maine House of Representatives that lacked the required disclosure. After being contacted by Commission staff, Jake Ducharme took responsibility for the signs and inserted the required disclosures. It appears that a total of five signs were initially posted without the required disclosure and were later fixed by Mr. Ducharme.
Motion: To find the Tom Saviello signs violated the disclosure requirements and assess no penalty
Made by: Commissioner Schneider
Seconded by: Commissioner Hastings
Vote: 5-0
Motion: To find the Stephan Bunker signs violated the disclosure requirements and assess no penalty
Made by: Commissioner Schneider
Seconded by: Commissioner Marble
Vote: 5-0
3. Request for Penalty Waiver – Candidate Richard Cyr
Richard Cyr, a candidate for the Maine House of Representatives, was required to file a campaign finance report on September 24, 2024, forty-two days before the general election. His treasurer filed the report one day late. Mr. Cyr requests a waiver of a preliminary penalty of $498.50. In his waiver request, the candidate stated that he had entered all the data required in the report but his treasurer did not file the report on time and was having wifi issues. Staff recommendation: the staff recommends reducing the penalty to $300.
Motion: To find the report was filed late and the penalty be reduced to $300
Made by: Commissioner Schneider
Seconded by: Commissioner Marble
Vote: 5-0
4. Request for Penalty Waiver – Candidate Flavia DeBrito
Flavia DeBrito, a candidate for the Maine House of Representatives, was required to file a campaign finance report on September 24, 2024, forty-two days before the general election. She filed the report one day late. She requests a waiver of a preliminary penalty of $64.90 because her treasurer was ill and the report included a large number of contributions. Staff recommendation: the staff recommends no waiver because the preliminary penalty is already below the normal range of penalties assessed when a candidate files a report late.
Motion: To find the report was filed late and access a penalty of $64.90
Made by: Commissioner Schneider
Seconded by: Commissioner Marble
Vote: 5-0
5. Request for Penalty Waiver – Democrats of Kennebunk, Kennebunkport, and Arundel
The Democrats of Kennebunk, Kennebunkport, and Arundel is a committee of the Maine Democratic Party that was required to file a semiannual campaign finance report on July 15, 2024. The committee filed the report 72 days late. The preliminary penalty is $500. The committee requests a waiver of the preliminary penalty. Staff recommendation: the staff recommends reducing the penalty to $100.
Motion: To find the report was filed late and the penalty be reduced to $100
Made by: Commissioner Schneider
Seconded by: Commissioner Marble
Vote: 5-0
6. Proposed Changes to Maine Campaign Finance Law
The Commission will discuss changes to Maine’s campaign finance laws proposed by the staff of the Commission.
Motion: To direct the staff to submit the proposed changes for the next legislative session
Made by: Commissioner Schneider
Seconded by: Commissioner Marble
Vote: 5-0
7. Complaint Alleging Coordinated Expenditure by Maine Senate Republican PAC
In mid-October 2024, the Maine Senate Republican PAC sent a postcard mailing in support of State Senate candidate Richard Bradstreet, who is running as a Maine Clean Election Act (MCEA) candidate. The Commission received a complaint that the mailing is an illegal contribution that violates MCEA requirements because the PAC cooperated on the mailing with the candidate’s treasurer.
Motion: To ask the staff to investigate the issue
Made by: Commissioner Schneider
Seconded by: Commissioner Marble
Vote: 5-0
8. Newspaper Advertisements Supporting Cape Elizabeth Referendum
The November 5, 2024 Cape Elizabeth town ballot includes a referendum on whether to borrow money for school construction. The Commission received a complaint asserting that two ads in the local newspaper failed to state the names and addresses of the people who funded the advertising. Staff recommendation: the Commission staff recommends finding that the ads violated 21-A M.R.S. § 1055-A(1) but assess no monetary penalty.
Motion: To find the first advertisement did not have the proper disclosure and to assess no penalty
Made by: Commissioner Schneider
Seconded by: Commissioner Marble
Vote: 5-0
Motion: To find the second advertisement did not have the proper disclosure and to assess no penalty
Made by: Commissioner Schneider
Seconded by: Commissioner Marble
Vote: 5-0
Motion: To take no further action on this matter
Made by: Commissioner Schneider
Seconded by: Commissioner Marble
Vote: 5-0
9. Complaint regarding Concerned Citizens for York Yes on 12
Attorney Newell Augur filed a complaint on behalf of his client, No on 12, who is opposing question 12 on the November municipal ballot in York. No on 12 alleges the expenses made by Yes on 12 to promote the referendum required it to register and file campaign finance reports with the Commission as a ballot question committee. Staff recommendation: the Commission staff recommend taking no action on this complaint because the information provided by Yes on 12 indicates it stayed under the $5,000 threshold to qualify as a ballot question committee.
Motion: To move the placement of the link to the report on the website constitutes an in-kind contribution, therefore finding Yes on 12 is a Ballot Question Committee constituting a violation
Made by: Commissioner Marble
Seconded by: Commissioner Hastings
Vote: 2-3
Motion: To take no further action on this matter
Made by: Commissioner Schneider
Seconded by: Commissioner Marble
Vote: 5-0
10. Complaint regarding Yes on 1 in Freeport
Freeport resident Ralph Dean filed a complaint regarding a mailing and hand-painted lawn signs promoting a Freeport referendum on November 5, 2024 regarding the town’s purchase of a parcel of land at 22 Main Street. His complaint asks whether the sponsors of the communications should register and file campaign finance reports with the Commission, and whether they failed to include “paid for” disclaimers in the mailing and signs. Staff recommendation: the Commission staff recommends finding that Yes on 1 failed to include a required disclaimer in the mailing and assessing a penalty of $50. The information provided by Yes on 1 indicates it did not come near the $5,000 threshold to register and file campaign finance reports.
Motion: To find the mailer violated the disclaimer requirements and assess a penalty of $50
Made by: Commissioner Schneider
Seconded by: Commissioner LeClaire
Vote: 5-0
Executive Session (if necessary)
Other Business
Complaint about Facebook Ad by Auburn Democratic City Committee
Motion: To find the advertisement violated the disclosure requirements and assess no penalty
Made by: Commissioner Schneider
Seconded by: Commissioner Marble
Vote: 5-0
ADJOURNMENT 12:17 p.m.