Note: Due to COVID-19 precautions, the Commission’s office is not open to the public. The meeting was conducted through Zoom video conferencing and streamed to YouTube for the public to access.
1. Request for Waiver of Late-Filing Penalty – Lobbyist Jonathan Courtney
Jonathan Courtney is a registered lobbyist for two clients. He did not file monthly reports covering July 2020 by the August 17th deadline because he believed he had requested a non-session waiver in the first week of July. He filed the reports the morning after the deadline. The preliminary penalties for the two late reports total $100, and he requests a waiver. Staff recommendation: the Commission staff recommended reducing the penalties to a total of $50.
Motion: To accept the staff recommendation to reduce the statutorily calculated penalty of $100 to $50
Made by: Mr. Lee
Seconded by: Ms. Lowry
Vote: 5-0
2. Request for Waiver of Late-Filing Penalty – Lobbyist Kerri Bickford
Kerri Bickford is a registered lobbyist for Pathways of Maine. She did not file monthly reports covering August 2020 by the September 15th deadline because she believed she had requested a non-session waiver in June. She filed the report the morning after the deadline. The preliminary penalty for the late report is $50, and she requests a waiver. Staff recommendation: the Commission staff recommended not waiving the $50 penalty.
Motion: To accept the staff recommendation to not reduce the statutorily calculated penalty of $50
Made by: Mr. Lee
Seconded by: Mr. Marble
Vote: 5-0
3. Request for Waiver of Late-Filing Penalty – Maine Truck PAC
On July 1, 2020, the Maine Truck PAC made an expenditure of $2,686.68 for the purchase of golf balls for a fundraiser occurring in September 2020. It was required to report this expenditure in a 24-Hour Report by July 2, 2020, but did not do so until August 14, 2020. The PAC requests a waiver of the $2,203.08 preliminary penalty.
Staff recommendation: the Commission staff recommended reducing the penalty to $500.
Motion: To accept the staff recommendation to reduce the statutorily calculated penalty of $2,203 to $500
Made by: Mr. Lee
Seconded by: Ms. Lowry
Vote: 5-0
4. Request for Waiver of Late-Filing Penalty – Hon. Mark Lawrence
State Senator Mark Lawrence is running for re-election to the Maine Senate, District 35. He was required to file a 42-Day Post-Primary Election Report on August 25, 2020. The campaign treasurer filed the report one day late. The preliminary penalty is $529.50. The campaign has explained that the late filing was caused by the work and family obligations of the campaign manager and is requesting a waiver of the $529.50 preliminary penalty. Staff recommendation: the Commission staff recommended reducing the penalty to $350.00.
Motion: To adopt the staff recommendation to reduce the statutorily calculated penalty of $529.50 to $350
Made by: Mr. Hastings
Seconded by: Mr. Lee
Vote: 5-0
5. Request for Waiver of Late-Filing Penalty – Brian Redmond
Brian Redmond is a candidate for House District 148. He was required to file a 42-Day Post-Primary Election Report on August 25, 2020. The report was filed on September 1, 2020, seven days late. The preliminary penalty is $84.00. He requests a waiver because he was on vacation without internet access during the week of the deadline. Staff recommendation: the Commission staff recommended not waiving the $84 penalty.
Motion: To impose the statutorily calculated penalty of $84
Made by: Mr. Schneider
Seconded by: Mr. Lee
Vote: 5-0
6. Request for Waiver of Late-Filing Penalty – Mark Andre
Mark André is a Maine Clean Election Act candidate for House District 110. He was required to file a 42-Day Post-Primary Election Report on August 25, 2020. The report was filed on August 26, 2020, one day late. The preliminary penalty is $132.00. He requests a waiver due to his treasurer being unexpectedly called away for work.
Staff recommendation: the Commission staff recommended not waiving the $132 preliminary penalty.
Motion: To impose the statutorily calculated penalty of $132
Made by: Mr. Schneider
Seconded by: Mr. Marble
Vote: 4-0 (Mr. Lee recused himself from consideration of this matter)
7. Update – Surveys in Maine Senate District 13
Two political action committees organized by the Republican caucus of the Maine Senate were responsible for the surveys of Senate District 13 voters discussed at the Commission’s September 30 meeting. The PACs assert the surveys were part of a telephone research polling intended to measure public opinion. The Commission will discuss next steps in the enforcement matter.
- Additional Materials: Screenshot of Maine Senate Republican Majority PAC Details
- Additional Materials: Comments from Lincoln County Democratic Committee
- Additional Materials: Email-Critical Information Regarding Investigation into Push Polling in District 13
Motion: That the Ethics Commission staff proceed with the investigation of the complaint that the Commission had a preliminary hearing on two weeks ago, as the staff deems fit, with the ability to ask for further guidance from the Commission, as may be necessary
Made by: Mr. Lee
Seconded by: Mr. Schneider
Amended Motion: That the Ethics Commission staff proceed with the investigation of the complaint that the Commission had a preliminary hearing on two weeks ago, as the staff deems fit, with the ability to ask for further guidance from the Commission, as may be necessary, and, preliminarily, confidential information obtained by the staff not be shared with the Commission itself
Made by: Mr. Lee
Seconded by: Mr. Schneider
Vote: Withdrawn
Motion: To authorize the Commission staff to proceed with the investigation based on the complaint that was preliminarily reviewed at the Commission meeting two weeks ago and not to reveal confidential information that is obtained as a result of this investigation to the Commission without further direction from the Commission
Made by: Mr. Lee
Seconded by: Mr. Schneider
Vote: 5-0
8. Complaint – Facebook Ad by Maine Prosperity Alliance PAC
The Lincoln County Democratic Committee has complained that a Facebook ad by the Maine Prosperity Alliance PAC should be viewed as an illegal contribution to Sen. Dana Dow because he participated in the video used in the PAC’s ad. The Maine Prosperity Alliance PAC responded that it used video footage of Sen. Dow that was available on a publicly available website. Sen. Dow responded that he did not coordinate with the PAC on the ad.
Motion: That further investigation of this complaint be conducted by Commission staff
Made by: Mr. Lee
Seconded by: Ms. Lowry
Vote: 1-4 (Mr. Marble in favor; Mr. Lee, Mr. Hastings, Ms. Lowry and Mr. Schneider opposed)
Other Business: None
Executive Session: None
ADJOURNMENT