Agenda
Note: this meeting will be conducted in person and streamed on the Commission’s YouTube channel. A link to the channel may be found at www.maine.gov/ethics.
1. Ratification of the Minutes of the January 30, 2023 Meeting
Motion: To amend the minutes, page 4, Item 9 for clarification.
Made by: Chairman Schneider
Seconded by: Commissioner Marble
Vote: 5-0
Motion: To approve the minutes as amended.
Made by: Chairman Schneider
Seconded by: Commissioner Marble
Vote: 5-0
2. Complaint against Robert Sezak
Rep. Shelley Rudnicki filed a complaint alleging her 2022 general election opponent, Robert Sezak, paid $7,341 to a vendor for four mailings that were never sent. She suggests the vendor used Mr. Sezak’s funds for communications in other legislative districts. In response, Mr. Sezak and the vendor provided statements from the U.S. Postal Service documenting its receipt of four mailings of 2,250 pieces and samples of actual mail received within Mr. Sezak’s district.
Staff recommendation: the staff recommends taking no further action on this matter.
Motion: To take no further action on the complaint as there are no grounds to show that a violation occurred.
Made by: Chairman Schneider
Seconded by: Commissioner Marble
Vote: 5-0
3. Request for Waiver of Late-Filing Penalty – Maine AFL-CIO Committee on Political Education PAC
On October 28, 2022, the Maine AFL-CIO Committee on Political Education PAC was required to file a 24-Hour Report for a $4,500 donation it made to the House Democratic Campaign Committee. The 24-Hour Report was not filed until December 21, 2022. The preliminary penalty is $4,860. The PAC requests a waiver because the PAC was confused about the spending threshold and there was minimal harm to the public.
Staff recommendation: the staff recommends reducing the penalty to $750.
Motion: To reduce the penalty to $750.
Made by: Chairman Schneider
Seconded by: Commissioner Marble
Vote: 5-0
4. Request for Waiver of Late-Filing Penalty – Maine United Auto Workers Council PAC
The Maine United Auto Workers Council PAC was required to file two 24-Hour Reports on November 1 and 5, 2022 for two $2,500 donations made to the Senate Democratic Campaign Committee. Both reports were filed on December 22, 2022. The combined preliminary penalties total $4,900. The PAC requests a waiver of the penalties, explaining that the PAC believed 24-Hour Reports were required only for donations to candidates.
Staff recommendation: the staff recommends reducing the combined preliminary penalty to $1,000.
Motion: To reduce the combined penalty to $1,000.
Made by: Chairman Schneider
Seconded by: Commissioner Marble
Vote: 5-0
5. Maine Clean Election Act Program – Revenue and Candidate Participation
The Commission staff will provide an overview of revenue to the Maine Clean Election Act program and candidate participation.
6. Reconsideration of Penalty – Hon. Mark Lawrence
At the Commission’s January 30, 2023 meeting, the Commission assessed a $500 penalty against the 2022 re-election campaign of Sen. Mark Lawrence because it had not filed a 24-Hour Report for a reported November 2, 2022 expenditure of $5,000. This was the second of two $5,000 expenditures the campaign reported making to the vendor. Sen. Lawrence has notified agency staff that the November 2, 2022 payment was a duplicate entry, and only one $5,000 payment was made. He requests that the Commission reconsider the $500 penalty.
Motion: To reconsider the penalty matter.
Made by: Chairman Schneider
Seconded by: Commissioner Neumann
Vote: 5-0
Motion: To find that no infraction occurred and as such no penalty is warranted in this matter.
Made by: Chairman Schneider
Seconded by: Commissioner Neumann
Vote: 5-0
7. Investigation of 2022 Legislative Campaign
The Commission staff seeks authorization of the Commission to investigate three charges made to the campaign checking account of a Maine Clean Election Act candidate which the candidate describes as unauthorized, and any other reporting or other violations arising out of the candidate’s 2022 campaign.
Motion: Pursuant to Title 1 of the Maine Revised Statutes, section 405(4), I move that we go into executive session pursuant to Title 1, sections 405 (6)(A) and (F) and section 1005, to discuss an investigation of potential violations of the Maine Clean Election Act and information contained in records made, maintained or received by the Commission which are confidential pursuant to Title 21-A, section 1003 (3-A).
Made by: Chairman Schneider
Seconded by: Commissioner Marble
Vote: 5-0 at approximately 10:40 a.m.
The Commission exited executive session at 10:58 a.m.
Motion: Pursuant to Title 21-A, section 1003(1), I moved that the Commission authorize department staff to investigate the campaign finances of a 2022 Maine Clean Election Act candidate, including unauthorized charges to the campaign account, unreported transactions, and any other non-compliance arising out of the campaign, and direct department staff not to disclose investigative working papers that are confidential under Title 21-A, section 1003(3-A).
Made by: Chairman Schneider
Seconded by: Commissioner Marble
Vote: 5-0
ADJOURNMENT at 11:12:a.m.