1. Ratification of the Minutes of the January 26, 2022 Meeting
Motion: To adopt the minutes as presented.
Made by: Mr. Marble
Seconded by: Mr. Lee
Vote: 5-0
2. Complaint – Reporting of Contributors by The Dinner Table PAC
Michael G. Hein filed a complaint arguing that the Dinner Table PAC did not correctly disclose the employment information for five of its contributors in the PAC’s January 2022 quarterly report. Staff recommendation: the staff recommended taking no action on the complaint.
Motion: To dismiss the complaint based on the evidence presented by the PAC of having complied with the statutes and rules.
Made by: Mr. Lee
Seconded by: Mr. Marble
Vote: 5-0
3. Request for Waiver of Late-Filing Penalties – Mainers for Local Power PAC
The Mainers for Local Power PAC was late in filing 24-Hour Reports for two transactions in the last week before the November 2, 2021 election. The preliminary penalties total $398,500. The PAC acknowledges that the two reports were inadvertently filed late due to an oversight. It filed ten 24-Hour Reports on time and the amount of the two transactions reported late represent a small amount of the PAC’s financial activity leading up to the election that it had disclosed on time. Staff recommendation: the staff recommended reducing the preliminary penalties to a total of $5,000.
Motion: To reduce the combined statutorily calculated penalty for two late-filed 24-Hour Reports from $398,500 to $35,000.
Made by: Mr. Hastings
Seconded by: Mr. Schneider
Vote: 5-0
4. Request for Waiver of Late-Filing Penalties – No on 3: Right to Food is Wrong for Maine PAC
In October 2021, No on 3: Right to Food is Wrong for Maine registered as a political action committee in opposition to a constitutional amendment on the November 2, 2021 election ballot. The PAC was late filing three 24-Hour reports due on October 26 and 27. The PAC entered the three transactions in the Commission’s eFiling system, believed it had filed the reports, but did not finish the filing process. The preliminary penalties total $932. The PAC’s treasurer requests a waiver due to her inexperience as a treasurer and in using the Commission’s electronic filing system. Staff recommendation: the staff recommended reducing the penalties to $750.
Motion: To reduce the statutorily calculated penalty from $932 to $500.
Made by: Mr. Lee
Seconded by: Mr. Hastings
Vote: NO VOTE
Motion: To amend the motion to reduce the penalty to $300.
Made by: Mr. Marble
Seconded by: Ms. LeClaire
Vote: 4-1 (Mr. Lee opposed.)
Amended Motion: To reduce the statutorily calculated penalty from $932 to $300.
Made by: Mr. Lee
Seconded by: Mr. Hastings
Vote: 5-0
5. Staff Update on Investigation of ALEC CARE Software
In July 2021, the Center for Media and Democracy filed a complaint alleging that the American Legislative Exchange Council (ALEC) has provided campaign software to legislative candidates in Maine who are members of ALEC and that the software amounts to an illegal campaign contribution. ALEC responded that the software is for the purpose of helping legislators manage their relationships with their constituents. The Commission staff will update the Commission on developments since the January 26, 2022 meeting.
Motion: To direct the staff to issue subpoena(s) to determine whether the ALEC CARE software constitutes a contribution that exceeds the contribution limits.
Made by: Mr. Lee
Seconded by: Ms. LeClaire
Vote: WITHDRAWN
Motion: To direct the staff to issue subpoena(s) to determine whether provision of the ALEC CARE software to candidates violates 21-A M.R.S. § 1015(2).
Made by: Mr. Lee
Seconded by: Ms. LeClaire
Vote: 3-2 (Mr. Hastings and Mr. Schneider opposed.)
Other Business: None
Executive Session: None