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Commission
Actions Present: Walter F. McKee, Esq., Chair; André G. Duchette, Esq.; Margaret E. Matheson, Esq., Michael T. Healy, Esq.; Hon. Edward M. Youngblood 1. Ratification of Minutes of the March 31 and April 26, 2011 Meetings Motion: To adopt the minutes of the March 31 and
April 26 meetings with amendments made to the April 26 minutes with regard to
the typographical changes recommended in items 5 and 10 of Mr. Joseph Greenier’s
memo.
Colin Woodard filed a request that the Commission investigate the accuracy of contributions reported by the Working People for Hope and Change political action committee in its 2010 campaign finance reports. Request withdrawn; no action required.
At the Commission’s April 26, 2011 meeting, the Commission assessed penalties totaling $1,350 against 2010 Senate candidate Joseph C. Palmieri for violations as described in the audit of his campaign. In addition, the Commission reduced penalties for filing two reports late to $400. The candidate requested that the Commission reconsider the assessed penalties because they were excessive compared to the violations. First Motion: That the Commission reconsider its
decision regarding Mr. Palmieri. Second Motion: That the Commission deny the
request to change its decision of April 26.
The Maine Taxpayers Taking Charge PAC filed its April 2011 quarterly campaign finance report 14 days late. The PAC was a proponent of a November 2010 casino initiative, but needed to file a final financial report because of two outstanding debts. The preliminary penalty for the late filing was $10,000. The PAC requested a waiver because the preliminary penalty is disproportionate to the level of harm suffered by the public. Motion: That the Commission adopt the staff
recommendation of a $200 penalty.
Former State Representative Joseph A. Wagner ran as a 2010 Maine Clean Election Act candidate. His campaign was selected for an audit. The Commission’s auditor reported on the audit findings, which included a small number of technical violations. First Motion: That the
Commission find Mr. Wagner in violation of Sections 1125(6), 1125(7A) and
1125(12) as stated in the audit report. Second Motion: That the
Commission assess no financial penalties for these violations. Third Motion: That the Commission not provide any
advisory guidance as requested by Mr. Wagner.
Michael E. Lawson was a candidate for the Maine House of Representatives in 2010. His 2010 campaign was selected for an audit. The audit disclosed that the campaign did not report all campaign expenditures, did not keep required records of expenditures, and other violations. The Commission staff recommended findings of violation, civil penalties, and a finding that the candidate should repay some campaign funds. Motion: That the Commission accept the
recommended findings in Mr. Wayne's June 8, 2011 letter. Second Motion: That the Commission determine that
$65.76 in costs associated with the audit are allowable expenditures and require
repayment in the amount of $517.28 to the Maine Clean Election fund. Third Motion: That the Commission assess civil
penalties in the aggregate amount of $2,500, consisting of a $100 penalty
for an inaccurate seed money report resulting in an overpayment, a $100 penalty
for using MCEA funds to pay for pre-certification services, a $1,200 penalty for
the failure to accurately report expenditures of MCEA funds, a $1,000 penalty
for the failure to keep expenditure documents required by law, and a $100
penalty for spending MCEA funds for purposes not related to the
campaign. 7. Audits of Maine Clean Election Act Campaigns In addition to Michael Lawson and Joseph Wagner, the Commission’s auditor has completed 15 audits of 2010 Maine Clean Election Act candidates. No exceptions (violations) were found. No action required. 8. Adoption of Amendments to the Commission Rules At the April 26, 2011 meeting, the Commission held a public hearing to receive comments on proposed changes to the Commission’s Rules. The Commission received oral comments from one advocacy organization, and the Commission staff has made changes its recommended rule amendments in response to those comments. Motion: That the Commission adopt the Rule
amendments with one technical change in Section 6(9) of the proposed
rules.
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