September 30, 2020 Commission Meeting

Note: Due to COVID-19 precautions, the Commission’s office is not open to the public.  The September 30 Commission Meeting was conducted via Zoom and live streamed to YouTube. 

1.  Ratification of Meeting Minutes

Motion:  To adopt 6/24 Minutes as written.
Made by:  Ms. Lowry
Seconded by:  Mr. Lee
Vote:  2-0 (Mr. Hastings, Mr. Marble and Mr. Schneider abstained from voting)

Motion:  To adopt 8/11 Minutes with minor changes as previously noted.
Made by:  Ms. Lowry
Seconded by:  Mr. Lee
Vote:  2-0 (Mr. Hastings, Mr. Marble and Mr. Schneider abstained from voting)

Motion:  To adopt 9/18 Minutes as written.
Made by:  Mr. Schneider
Seconded by:  Mr. Marble
Vote:  5-0

2.  Complaint – 2018 Facebook Ads – Hon. Sara Gideon

Dr. Demi Kouzounas submitted a request to investigate six 2018 Facebook advertisements featuring messages by the Speaker of the Maine House of Representatives, Sara Gideon.  Dr. Kouzounas asks the Commission to consider whether the ads amounted to an unreported contribution by the Gideon Leadership PAC to the Speaker’s 2018 re-election committee.  Speaker Gideon responds that the ads do not mention elections or voting, and do not refer to her as a candidate in the 2018 general election.  Rather, they were distributed statewide to support her work as Speaker through communicating official statements, press releases, and updates prepared by legislative staff.  Speaker Gideon states that the political action committee of the House Democratic caucus paid for the ads and disclosed the costs in campaign finance reports.  Staff recommendation: the Commission staff recommended taking no further action on this item.

Motion:  That while the expenditures made by the Gideon Leadership PAC and the House Democratic Caucus PAC for the Facebook ads exceeded $400, they were not made for the purpose of influencing the election of a candidate to a state, county or municipal office.
Made by:  Mr. Lee
Seconded by:  Mr. Schneider
Vote:  4-0 (Ms. Lowry recused herself from consideration of this matter)

Motion:  To have the Commission staff review PACs from January 1, 2019-on, that have requested an adjustment to resolve a discrepancy between their balance and what in fact they have in funds, and report back to the Commissioners within 90 days.
Made by:  Mr. Lee
Seconded by:  Mr. Hastings
Vote:  4-0 (Ms. Lowry recused herself from consideration of this matter)

3.  Complaint against Hon. Harold “Trey” Stewart

Mr. Rommy Haines of Fort Fairfield filed a complaint alleging that in 2018-2019 State Rep. Trey Stewart of Presque Isle directed the Star City PAC to reimburse him for tires, vehicle maintenance, and clothing in violation of Maine law.  The PAC reported these expenses as related to Rep. Stewart’s work in Augusta and campaign travel around the state.  Since December 2018, Rep. Stewart has served as the assistant leader of the House Republican caucus.

Motion:  To conduct no further investigation as there are insufficient grounds presented in the complaint.
Made by:  Mr. Lee
Seconded by:  Mr. Marble
Vote:  5-0

4.  Complaint against Annalee Rosenblatt and Dan Warren

The Scarborough Town Democratic Committee filed a complaint alleging that the Republican nominee in House District 29, Annalee Rosenblatt, paid for a mailing critical of her opponent that did not include the required “paid for” disclaimer statement.  Ms. Rosenblatt responds that the mailing was sent by her former campaign treasurer after he resigned from her campaign, and she did not know about the mailing.  Staff recommendation: the Commission staff recommended taking no further action on the complaint.

Motion:  To find insufficient grounds to authorize an investigation of the complaint against Ms. Rosenblatt.
Made by:  Mr. Lee
Seconded by:  Mr. Schneider
Vote:  5-0

Motion:  To find insufficient grounds to authorize an investigation of the complaint against Mr. Warren.
Made by:  Ms. Lowry
Seconded by:  Mr. Schneider
Vote:  4-1 (Mr. Marble opposed)

5.  Complaint re: Telephone Calls and Text Messages in State Senate, District 13

The Lincoln County Democratic Committee requests that the Commission investigate telephone calls and text messages financed by an unknown source intended to influence the race in State Senate District 13 between Sen. Dana L. Dow and Rep. Chloe S. Maxmin.  The committee argues the paid calls should have included a disclaimer statement and other disclosures required of a push poll and may require the filing of an independent expenditure report.  Staff recommendation: the Commission staff recommended authorizing the staff to conduct an investigation.

Motion:  To find there are sufficient grounds to conduct an investigation and that an investigation be conducted as recommended on page 11 of the Commission staff report.
Made by:  Mr. Lee
Seconded by:  Mr. Marble
Vote:  5-0

6Request for Waiver of Late-Filing Penalty – Don’t Tread on Maine PAC (Withdrawn)

On August 25, 2020, the Don’t Tread on Maine PAC was required to file a 42-Day Post-Primary Report.  The report was filed on August 27, 2020, and disclosed expenditure activity of $1,350.  The PAC requests a waiver of the $54 preliminary penalty.  Staff recommendation: the Commission staff recommends not waiving the $54 penalty. 

The following items that were originally scheduled for the September 30, 2020 Commission Meeting have been postponed to the October 16, 2020 Commission Meeting:

  • Request for Waiver of Late-Filing Penalty – Lobbyist Jonathan Courtney
  • Request for Waiver of Late-Filing Penalty – Maine Truck PAC
  • Request for Waiver of Late-Filing Penalty – Brian Redmond
  • Request for Waiver of Late-Filing Penalty – Mark Andre
  • Request for Waiver of Late-Filing Penalty – Hon. Stan Gerzofsky

Other Business:  None

Executive Session: None

ADJOURNMENT