Meeting of April 29, 2010, 9:00 a.m.
45 Memorial Circle, Augusta, Maine
Present: Walter F. McKee, Esq., Chair; André G. Duchette, Esq.; Hon. Francis C. Marsano; Hon. Edward M. Youngblood; and Margaret E. Matheson, Esq.
1. Ratification of Minutes of the March 25, 2010 Meeting
Motion: To adopt the minutes as drafted.
Made by: Mr. Duchette
Seconded by: Mr. McKee
Vote: 5-0 (motion passed)
2. Complaint by CasinosNO! against Peter Martin
CasinosNO! filed a complaint against Peter Martin as the spokesperson for Black Bear Entertainment, the proponent of the citizen initiative on the November 2, 2010 ballot that would establish a casino in Oxford County. In the complaint, CasinosNO! asks the Commission to consider whether Peter Martin was required to register and file monthly reports as a lobbyist and whether the campaign finance reports filed by Black Bear Entertainment political action committee (PAC) were incomplete, because they did not include expenditures or obligations to Martin.
First Motion: That the Commission find that Peter Martin was required to register and file monthly reports as a lobbyist.
Made by: Mr. Marsano
Seconded by: Ms. Matheson
Vote: 4-1 (motion passed)
Yeas: Mr. Marsano, Mr. McKee, Ms. Matheson, Mr. Duchette
Nays: Mr. Youngblood
Second Motion: That the Commission find that the nondisclosure of a $50,000 expenditure rendered the January report filed by Black Bear Entertainment substantially nonconforming pursuant to 21-A M.R.S.A. § 1062-A(2).
Made by: Mr. McKee
Seconded by: Mr. Marsano
Vote: 5-0 (motion passed)
3. Appeal by Matthew Boucher for Certification as a Maine Clean Election Act Candidate
Matthew Boucher is a candidate for the Maine House of Representatives, District 28, seeking Maine Clean Election Act (MCEA) funding. Under 21-A M.R.S.A. § 1125(4), his qualifying contributions were required to be submitted during the qualifying period, which ended at 5:00 p.m. on April 21st. The Commission’s rule states that the Commission “may not grant an extension of time” to submit qualifying contributions or receipt and acknowledgment forms. Mr. Boucher arrived at the Commission office around one-half hour late (5:30 p.m.) on April 21st. He stated in an April 22 letter that the municipal clerk erroneously marked some of his contributors as not registered to vote. As of April 22, the Commission staff had not reviewed his application, but based on its tardiness the staff intended to deny his application for MCEA funding. He submitted a letter on April 22, which he wishes the Commission to treat as an appeal of the staff determination.
Continued: This matter will be heard at a special meeting on May 6 at 1:00 p.m. when Mr. Boucher will have the benefit of counsel.
4. Update on Constitutional Challenge by National Organization for Marriage
No action necessary
No Other Business