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. Ratification of the Minutes of the March 31, 2021 Meeting
Motion: To approve the minutes of March 31, 2021 meeting as presented.
Made by: Mr. Marble
Seconded by: Mr. Schneider
Vote: 4-0 (Ms. LeClaire abstained from voting.)
2. Complaint – Sanford Democratic Committee
The Commission received a complaint against the Sanford Democratic Committee asserting that the committee should have filed campaign finance reports during 2020 because it had received an in-kind contribution of office space. The committee responds that it did not receive or pay for the office space and has not met the $1,500 financial threshold to file reports. Staff recommendation: the Commission staff recommended taking no further action on the complaint.
Motion: Based on the evidence presented, there is insufficient grounds to support an investigation of the complaint made by the Sanford Republican Committee.
Made by: Mr. Lee
Seconded by: Mr. Schneider
Vote: 5-0
3. Late Major Contributor Report – Liberty Initiative Fund and We the People PAC
During October-November 2020, Liberty Initiative Fund – Maine PAC made contributions to We the People PAC totaling $115,000 to promote a citizen initiative concerning eligibility to vote in state elections. Because the contributions totaled more than $100,000, We the People PAC was required to notify Liberty Initiative Fund – Maine PAC in writing of its duty to file a Major Contributor Report with the Commission. The report was not filed until April 2021 after an inquiry by the Commission staff. The Commission will consider whether either PAC violated the major contributor disclosure law.
Motion: To find a violation of 21-A § 1060-A(2), that the We the People PAC failed to provide a copy of the Notice to Major Contributor to the Commission.
Made by: Mr. Lee
Seconded by: Mr. Schneider
Vote: Withdrawn
Motion: To find that the We the People PAC violated the notice requirements of 21-A § 1060-A(2) by failing to provide a copy of the Notice to Major Contributor to the Maine Ethics Commission.
Made by: Mr. Lee
Seconded by: Mr. Schneider
Vote: 5-0
Motion: To impose a penalty of $2,500 for the previously found violation by the We the People PAC.
Made by: Mr. Lee
Seconded by: Ms. LeClaire
Vote: 3-2 (Mr. Hastings and Mr. Schneider opposed)
Motion: To find no violation on the part of the Liberty Initiative Fund-Maine PAC.
Made by: Mr. Lee
Seconded by: Mr. Marble
Vote: 5-0
4. Compliance Review of 2020 Leadership PACs
At its November 18, 2020 meeting, the Commission directed its staff to move forward with an enhanced compliance review of 2020 leadership PACs. The Commission’s Political Committee and Lobbyist Registrar, Michael Dunn, conducted the reviews. Mr. Dunn will provide the first of two reports on the results of his reviews. The presentation is intended to be informational, and the Commission staff is recommending no action by the Commission.
5. Results of Investigation – Working Families PAC and Diane Russell
The Working Families PAC is the leadership PAC of Diane Russell, a former State Representative and candidate for the Democratic nomination for Governor in 2018. The PAC has not filed five campaign finance reports due since October 2020. Following the 2018 primary election, Ms. Russell was required to file campaign finance reports semiannually until she resolved a large campaign debt. She did not file a campaign finance report due January 15, 2021. Staff recommendation: the Commission staff recommended findings of violation and assessing penalties totaling $5,000 against the PAC and Ms. Russell.
Motion: To impose five penalties of $750 each, for a total of $3,750, pursuant to 21-A MRS § 1062-A(8-A) for not filing five campaign finance reports due at deadlines set out in 21-A MRS § 1059(2).
Made by: Mr. Lee
Seconded by: Mr. Hastings
Vote: 5-0
Motion: To impose a penalty of $500 pursuant to 21-A MRS § 1062-A(1) for failing to provide updated information as required in the PAC registration (name and address of financial institution, account name, address for principal officer, and name and address of treasurer).
Made by: Mr. Lee
Seconded by: Mr. Marble
Vote: 5-0
Motion: To impose a penalty of $750 pursuant to 21-A MRS § 1020-A(8-A) for not filing a campaign finance report in connection with Diane Russell’s 2018 campaign for governor, which was due on January 18, 2021 under 21-A MRS § 1017(2)(F).
Made by: Mr. Lee
Seconded by: Mr. Hastings
Vote: 5-0
Motion: To authorize an investigation of the records of the Diane Russell PAC from May 22, 2013 to the present to determine the cause of the discrepancy between the reported balance in the account and the actual balance.
Made by: Mr. Lee
Seconded by: Mr. Marble
Vote: 5-0
Motion: To authorize the Commission staff administratively dissolve the Working Families PAC of Diane Russell.
Made by: Mr. Lee
Seconded by: Mr. Marble
Vote: 5-0
Motion: The findings of violations and the penalties imposed in previously passed motions against Diane Russell are also found and imposed against the Working Families PAC.
Made by: Mr. Lee
Seconded by:
Vote: Withdrawn
Motion: The findings of violation and penalties in the first two motions the Commission passed concerning Diane Russell also apply to the Working Families PAC.
Made by: Mr. Lee
Seconded by:
Vote: Withdrawn
Motion: The findings of violation and penalties imposed against Diane Russell that were passed in the first two motions, apply jointly and severally to Diane Russell and the Working Families PAC.
Made by: Mr. Lee
Seconded by: Mr. Hastings
Vote: 5-0
Other Business: None
Executive Session: None