Note: Due to COVID-19 precautions, the Commission’s office is not open to the public. The meeting was conducted via Zoom video conferencing and streamed to YouTube for the public to access.
1. Ratification of Meeting Minutes
Motion: To adopt the December 18, 2020 Minutes with a minor amendment.
Made by: Mr. Schneider
Seconded by: Mr. Marble
Vote: 5-0
Motion: To adopt the January 13, 2021 Minutes as written.
Made by: Mr. Schneider
Seconded by: Mr. Lee
Vote: 5-0
Motion: To adopt the January 27, 2021 Minutes as written.
Made by: Mr. Lee
Seconded by: Mr. Schneider
Vote: 5-0
2. Request for Waiver of Late-Filing Penalty – Kittery Democratic Committee
The Committee filed its January Semi-Annual Report on January 15, 2021. Upon reviewing the report, the Commission staff made a preliminary finding that the 11-Day Pre-General Election Report (due on 10/23/2020) was filed late. The preliminary penalty for the late filing is $500, and the committee requested a waiver. Staff recommendation: the Commission staff recommended the penalty be reduced to $100.
Motion: to accept the staff recommendation to reduce the statutorily calculated penalty of $500 to $100.
Made by: Mr. Lee
Seconded by: Mr. Marble
Vote: 5-0
3. Request for Waiver of Late-Filing Penalty - Madison Republican Committee of Maine
The Committee filed its January Semi-Annual Report on January 15, 2021. Upon reviewing the report, the Commission staff made a preliminary finding that the 11-Day Pre-General Election Report (due on 10/23/2020) was filed late. The preliminary penalty for the late filing is $500, and the committee is requesting a waiver. Staff recommendation: the Commission staff recommended the penalty be reduced to $100.
Motion: to accept the staff recommendation to reduce the statutorily calculated penalty of $500 to $100.
Made by: Mr. Lee
Seconded by: Mr. Schneider
Vote: 5-0
4. Request for Waiver of Late-Filing Penalty – York Town Republican Committee
The Committee filed its January Semi-Annual Report on January 15, 2021. Upon reviewing the report, the Commission staff made a preliminary finding that the 11-Day Pre-General Election Report (due on 10/23/2020) was filed late. The preliminary penalty for the late filing is $500, and the committee is requesting a waiver. Staff recommendation: the Commission staff recommended the penalty be reduced to $100.
Motion: to accept the staff recommendation to reduce the statutorily calculated penalty of $500 to $100.
Made by: Mr. Lee
Seconded by: Mr. Marble
Vote: 5-0
5. Repayment of Maine Clean Election Act Funds – April Turner
April Turner was a Maine Clean Election Act (MCEA) candidate in 2020 for House District 99. The Commission staff advised her that two payments of MCEA funds to her spouse, totaling $817.56 to reimburse him for internet and cell phone use, were not allowed under the Commission’s published MCEA expenditure guidelines. The candidate has not argued that the expenses were allowed. Subsequently, she has declined to respond to several communications by the Commission staff requesting the funds. Staff recommendation: the Commission staff recommended finding that Ms. Turner violated 21-A M.R.S. § 1125(6) by spending MCEA funds for purposes that were not campaign-related and request she repay $817.56 to the Maine Clean Election Fund within 30 days to avoid referral of the debt to the Office of the Maine Attorney General for collection.
Motion: To find that the reimbursement by April Turner to her husband Craig Turner for internet costs in the amount of $301.86 which involves the period of March through November 2020 and the reimbursement to Craig Turner for $515.70 for cell phone usage from the period of March through November of 2020 for a total of $817.56 were improper reimbursements because these were normal household expenditures for which clean election money cannot be spent.
Made by: Mr. Lee
Seconded by: Mr. Schneider
Vote: 5-0
Motion: Based on forgoing decision of the Commission, move that April Turner reimburse the State of Maine $817.56.
Made by: Mr. Lee
Seconded by: Mr. Marble
Vote: 5-0
Motion: To assess a civil penalty of $300 to Ms. April Turner for failure to return the improperly spent clean election funds.
Made by: Mr. Lee
Seconded by: Mr. Schneider
Vote: 5-0
Motion: The findings of violation made here today involve a violation of 21-A MRS § 1125(6).
Made by: Mr. Lee
Seconded by: Mr. Schneider
Vote: 5-0
Other Business: The Commission staff provided updates on the Stop the Corridor investigation, the Working Families PAC investigation, and the review of the Leadership PACs.
Executive Session: None