1. Ratification of the Minutes of the August 23, 2021 Meeting
Motion: Adopt the Minutes of the August 23, 2021 meeting.
Made by: Mr. Lee
Seconded by: Mr. Schneider
Vote: 5-0
2. Complaint against Candidates and the American Legislative Exchange Council
The Center for Media and Democracy has filed a complaint against legislative candidates in Maine and the American Legislative Exchange Council (ALEC) alleging that ALEC made contributions of valuable campaign software to the candidates that violated restrictions on contributions. The two candidates identified in the complaint acknowledge that they had access to the software as part of their ALEC membership but state that they have never used the software for campaigning or any other purpose.
Motion: Find insufficient grounds to conduct any investigation of Senator Stewart and Representative Harrington for the violations alleged by Center for Media and Democracy.
Made by: Mr. Lee
Seconded by: Mr. Schneider
Vote: 5-0
Motion: Find there are sufficient grounds to investigate whether the American Legislative Exchange Council violated 21-A M.R.S. § 1015(2) by making a contribution to a candidate in excess of $400 for the purpose of influencing an election.
Made by: Mr. Lee
Seconded by: Ms. LeClaire
No Vote
Motion: Find there are sufficient grounds to investigate whether the American Legislative Exchange Council violated 21-A M.R.S. § 1015(2) by making a contribution to a candidate in excess of $400 for the purpose of influencing an election and, at the present time for purposes of this investigation, only to review the ALEC CAREs software and its value and the Voter Gravity software referenced in today's discussion.
Made by: Mr. Lee
Seconded by: Mr. Marble
Vote: 3-2 (Mr. Hastings and Mr. Schneider opposed)
3. Request for Waiver of Late-Filing Penalty – Lobbyist Anya Fletcher
Lobbyist Anya Fletcher, the registered lobbyist for Environment Maine, was six minutes late filing her monthly lobbyist report due at 11:59 p.m. on June 15, 2021 due to an interruption in her internet service as she was filing her report. Staff recommendation: the staff recommended not waiving the preliminary $50 penalty.
Motion: Impose the $50 penalty for the late-lobbyist filing.
Made by: Mr. Lee
Seconded by: Mr. Schneider
Vote: 5-0
4. Request for Investigation – Missing Address in Advertisements by Mainers for Fair Laws
The Commission received a request to investigate whether advertisements by the Mainers for Fair Laws PAC did not include the PAC’s address, as required by the Election Law. The PAC acknowledges that the addresses are missing from the ads. Staff recommendation: the Commission staff recommended the assessment of a penalty in the range of $1,000 to $1,500 for the violation.
Motion: Consent to the participation of the Political Committee and Lobbyist Registrar in this matter despite a conflict of interest as determined by the Maine Board of Bar Overseers.
Made by: Mr. Lee
Seconded by: Mr. Marble
Vote: 5-0
Motion: Find that Mainers for Fair Laws violated 21-A M.R.S. § 1055-A by not including its address on advertisements and impose a $2,500 penalty.
Made by: Mr. Lee
Seconded by: Mr. Hastings
Vote: 5-0
5. Investigation Report and Recommended Penalty – Working Families PAC
Political Committee and Lobbyist Registrar Michael Dunn continued his review of the leadership PAC of former State Representative Diane Russell. Mr. Dunn found that during 2013-2018 the PAC engaged in a large amount of financial activity which it did not disclose in campaign finance reports, including $16,047.64 in expenditures. The PAC also made payments to Rep. Russell’s 2016 primary election campaign for State Senate that exceeded the $375 limit by $285. Staff recommendation: the staff recommended assessing a penalty of $285 for making an over-the-limit contribution.
Motion: Find that Working Families PAC violated 21-A M.R.S. § 1015(2) by making a contribution to Diane Russell's senate campaign that was $285 over the $375 limit and impose a penalty of $285.
Made by: Mr. Lee
Seconded by: Mr. Schneider
Vote: 5-0
6. Enhanced Compliance Reviews of Leadership PACs
The Commission will discuss continuing the program of enhanced compliance reviews of political action committees.
In 2021, the Maine Legislature amended laws within the Commission’s jurisdiction (campaign finance, personal income reporting by officials, and lobbyist disclosure). Most of the law changes take effect on October 18, 2021, except that new restrictions on contributions by businesses, labor organizations and nonprofits will take effect January 1, 2023.
Other Business: The Commission discussed initiating a Rulemaking to address a recent statue change that prohibits leadership political action committees from using committee funds for personal expenditures.
Executive Session: None