September 21, 2007 Commission Meeting
Click the title of an agenda item below to obtain a pdf file of the
meeting materials relating to that item. The agenda
(2 pages) and materials
for all agenda items (87 pages) are also available as pdf files.
1. Ratification of Minutes
of the August 13, 2007 Meeting
2. Recommended Referral
of Rep. William R. Walcott to Maine Attorney General for Misuse of Public
Funds
Rep. William R. Walcott (House District 72, representing a part
of Lewiston) was a Maine Clean Election Act (MCEA) candidate in the
2006 elections and was re-elected to a third term. In 2006, he received
a total of $4,874 in MCEA funds, and reported making campaign expenditures
totaling $2,933. After he was late in returning unspent campaign funds,
the Commission staff selected him for an audit because of concerns about
possible non-compliance. Rep. Walcott has advised the Commission staff
that he spent the MCEA funds he received, but not on his 2006 campaign.
He has also advised that all of his reported expenditures were false
and that, in fact, he made no expenditures in connection with his 2006
campaign. Staff recommendation: the staff recommends referring this
matter to the Maine Attorney General for consideration whether to initiate
criminal prosecution.
3. Recommended Referral
of Benjamin Meiklejohn to Maine Attorney General for Collection of Late-Filing
Penalty
Benjamin Meiklejohn was a candidate for the Maine House of Representatives
in 2006. He was late filing his post-election report due December 19,
2006, and the amount of the statutory penalty was $197.02. He made
a payment of $100 and submitted a written note stating that he would
pay the remaining $97.02 in April 2007. The Commission has not received
the payment. The staff has sent recent communications requesting payment
but received no response. Staff recommendation: the staff recommends
referring the unpaid $97.02 penalty to the Maine Attorney General for
collection.
4. Staff Proposals
on Legislation
The staff recommends that the Commission submit two bills to the
Legislature before the October 3, 2007 deadline for agency legislation
to address issues that have arisen since the 2006 general election.
5. Procedures for
Commission Meetings and Hearings
Commission member Mavourneen Thompson has recommended that the Commission
adopt procedures for the conduct of Commission meetings. The staff
has prepared an outline of issues that could be addressed and has some
suggestions on the format of the written procedures.
6. Presentation of
Audit Reports for Rep. Jonathan B. McKane, Randall Greenwood, and Clayton
Haskell
The Commission's auditor will present audit reports for three 2006
legislative candidates. In the case of Rep. Jonathan B. McKane, the
staff recommends a finding of violation that he did not obtain vendor
invoices for two expenditures totaling $143 as required by 21-A M.R.S.A.
§1125(12-B) and assessing no civil penalty. The audits of the two other
candidates disclosed no exceptions (violations).
7. Maine Clean Election
Act Violation of Overspending by $253/Anne P. Graham
Anne P. Graham was a candidate for the Maine House of Representatives
in 2006. As a Maine Clean Election Act candidate, she was permitted
to spend only $5,370.78. Instead, her campaign spending exceeded that
amount by $253. Ms. Graham states that the error was unintentional
and due to a late bill for a newspaper advertisement. Staff recommendation:
the staff recommends finding that she violated 21-A M.R.S.A. §1127(1)
by spending money to promote her campaign other than the MCEA funds
she received. The staff recommends assessing a penalty of $125 to underscore
the importance of the requirement that candidates spend only MCEA funds.
8. Selection of Meeting
Dates
The staff recommends that the Commission choose a date for the October
meeting and consider whether it wishes to meet on a regular day of the
month (e.g., the second Wednesday).
Other Business
EXECUTIVE SESSION
If necessary.
ADJOURNMENT
