August 26, 2010 Commission Meeting
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Meeting of August 26, 2010, 9:00 a.m.
Commission Office, 45 Memorial Circle, 2nd Floor, Augusta, Maine
1. Ratification of Minutes of the July 29, 2010 Meeting
2. Request for Waiver of Late-Filing Penalty/Mark L. Chizmar
Mark L. Chizmar is a first-time candidate for State Representative, District 71, in Lewiston. He was 10 days late in filing a campaign finance report due Tuesday, July 20, 2010. The preliminary penalty for the late filing is $1,243.20. The candidate asks for a waiver of the penalty. Staff recommendation: the staff recommends granting the request and assessing a penalty of $200.
3. Contributions by Robert C.S. Monks to Eliot Cutler
In October 2009, Robert C.S. Monks contributed $750 to the gubernatorial campaign of Eliot Cutler. In addition, the Commission staff believes Mr. Monks contributed $750 to the campaign in June 2010 by earmarking a contribution through a political action committee. Staff recommendation: the staff recommends finding Mr. Monks in violation of 21-A M.R.S.A. § 1015(1) for contributing more than $750 to the Cutler campaign. The staff recommends no financial penalty for the violation.
4. Mailings by Maine Democratic Party concerning Deborah Simpson
Brian Mello requested that the Commission consider whether three mailings sent by the Maine Democratic Party concerning Sen. Deborah Simpson were independent expenditures in support of her election. He withdrew the request. The party asks the Commission to provide guidance on whether the mailings constitute express advocacy.
5. Emergency Rulemaking
On August 19, 2010, the U.S. District Court invalidated the filing schedule in the Commission's Rules for independent expenditures exceeding $250 per candidate. The Commission will consider whether to adopt an emergency rule amendment proposed by staff that would establish a new filing schedule. The emergency rule would be in effect for 90 days.