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Home > Meetings > August 26, 2010 Actions

Commission Actions
Meeting of August 26, 2010, 9:00 a.m.
45 Memorial Circle, Augusta, Maine

Present: Walter F. McKee, Esq., Chair; André G. Duchette, Esq.; Hon. Edward M. Youngblood; Margaret E. Matheson, Esq., Michael T. Healy, Esq.

1.  Ratification of Minutes of the July 29, 2010 Meeting

Motion:  To adopt the minutes as drafted.
Made by:  Mr. Youngblood
Seconded by:  Mr. Duchette
Vote:  5-0 (motion passed)


2.  Agenda Item #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 staff recommended a $200 penalty.  The candidate asked for a waiver of the penalty. 

Motion:  That the Commission assess a penalty for the late filing of $100.
Made by:  Ms. Matheson
Seconded by:  Mr. Youngblood
Vote:  5-0 (motion passed)


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.   

Motion:  That the Commission assess a penalty of $100.
Made by:  Mr. Duchette
Seconded by:  Mr. McKee
Vote:  4-0 (motion passed; Mr. Healy had recused himself)


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.  Prior to the meeting, Mr. Mello withdrew his request.  The Maine Democratic Party asked for advice from the Commission regarding whether the three communications at issue contained express advocacy in support of Sen. Simpson.

Motion:  That the Commission decline to address the issue of making advisory opinions on express advocacy literature.
Made by:  Mr. McKee
Seconded by:  Mr. Youngblood
Vote:  5-0 (motion passed)


5.  Emergency Rulemaking  Hearing
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 considered whether to adopt an emergency rule amendment proposed by staff that would establish a new filing schedule.  The Commission heard public comment from interested parties. 

Motion:  That the Commission adopt an emergency rule effective immediately that would establish a September 7th deadline for reporting independent expenditures made prior to September 7, and establish a 48-hour reporting deadline for all independent expenditures aggregating over $250 per candidate made between September 7 and October 19.
Made by:  Mr. Duchette
Seconded by:  Ms. Matheson
Vote:  5-0 (motion passed)