1. Ratification of the Minutes of the November 29, 2023 Meeting
Motion: To amend the Minutes.
Made by: Commissioner Hastings
Seconded by: Commissioner Marble
Vote: 5-0
Motion: To accept the Minutes as amended.
Made by: Commissioner Schneider
Seconded by: Commissioner Marble
Vote: 5-0
2. Complaint by William Clardy against Sen. Troy Jackson
Mr. William Clardy requests that the Commission investigate whether legal services received by State Senator Troy Jackson are a gift from his attorney which Sen. Jackson should have disclosed in his annual sources of income statements. He responds they are not a gift because he agreed to pay the law firm under a contingent fee agreement. Mr. Clardy also asks the Commission to investigate whether the law firm was required to file a report with the Commission because it made expenditures on behalf of Sen. Jackson. The Commission may consider part of this item in executive session pursuant to 1 M.R.S. § 1013(3-A). Staff recommendation: Commission staff recommends taking no action on the complaint.
Motion: To take no further action on both matters.
Made by: Commissioner Neumann
Seconded by: Commissioner Marble
Vote: 5-0
Pursuant to Title 1 M.R.S.§405 (4), Mr. Schneider moved to go into Executive Session pursuant to Title 1 § 1013(3-A) to discuss whether to pursue a legislative ethics complaint. The Commission entered into Executive Session at 10:07 a.m. and ended at 10:18 a.m. to discuss part of this item.
Motion: To take no further action.
Made by: Commissioner Neumann
Seconded by: Commissioner Marble
Vote: 5-0
3. Late Major Contributor Report – Genuine Parts Company (continued from Nov. 29, 2023)
Genuine Parts Company requested a waiver for a late-filing penalty, which was continued by the Commission from its November 29, 2023 meeting to ensure that a representative of the company could contribute. Genuine Parts Company (NAPA) contributed $500,000 to promote Question 4, the right to repair initiative. A contributor that has donated more than $100,000 and received a major contributor notice is required to file a major contributor report with the Commission by the next filing deadline applicable to ballot question committees and PACs. Genuine Parts Company should have filed a major contributor report with the Commission by October 5, 2023, but it filed the report one day late on October 6. The preliminary penalty against Genuine Parts Company for filing the report late is $50,000, which is 10% of its $500,000 contribution to promote the initiative. Genuine Parts Company has requested a waiver of the penalty.
Motion: To reduce the penalty to $5,000.
Made by: Commissioner Schneider
Seconded by: Commissioner LeClaire
Vote: 5-0
4. Late Notices by Our Power to Two Major Contributors - (Rescheduled)
5. Adoption of Rule Amendments
At its October 25, 2023 meeting, the Commission voted to initiate a rulemaking on proposed amendments to the Commission’s rules. Comments were accepted through December 15, 2023. The Commission will decide whether to adopt the proposed amendments.
Motion: To adopt the proposed amendments to the Commission's Rules.
Made by: Commissioner Schneider
Seconded by: Commissioner Neumann
Vote: 5-0
6. Proposed Rulemaking on Spending by Foreign Government-Influenced Entities
The Commission will consider whether to initiate a rulemaking to implement Question 2, which was approved by Maine voters on November 7, 2023. The new law forbids foreign governments and entities that they own or control from making campaign contributions or financing communications for or against candidates or ballot questions.
Motion: To proceed with the rulemaking process with the rules as printed except the elimination of the enforcement paragraph.
Made by: Commissioner Schneider
Seconded by: Commissioner Marble
Vote: 5-0
Executive Session (if necessary)
Other Business
ADJOURNMENT
Motion: To adjourn at 10:58 a.m.
Made by: Commissioner Neumann
Seconded by: Commissioner Hastings
Vote: 5-0