Agenda
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Note: this meeting will be conducted in person and streamed on the Commission’s YouTube channel. A link to the channel may be found at www.maine.gov/ethics. |
1. Ratification of the Minutes of the November 30, 2022 Meeting
Motion: To adopt the minutes as presented.
Made by: Commissioner Marble
Seconded by: Commissioner Neumann
Vote: 5-0
2. Rulemaking
The Commission will consider whether to amend its rules relating to the Maine Clean Election Act program and its hearing procedures.
Motion: To adopt the rulemaking as written.
Made by: Commissioner Schneider
Seconded by: Commissioner Neumann
Vote: 5-0
3. Proposed Statute Change – Procedures for Independent Expenditure Determination
Under 21-A M.R.S. § 1019-B, a person spending money on a communication close to an election that names or depicts a candidate may request a determination that the cost is not an independent expenditure. The Commission will consider a statutory amendment directing Commission staff to make the initial determination on these requests which may be appealed to the Commission.
Motion: To accept the proposed statute change as amended. Note - the final language will be available in the December meeting minutes.
Made by: Commissioner LeClair
Seconded by: Commissioner Neumann
Vote: 5-0
4. Request for Waiver of Late Filing Penalty – Hon. Matthea Daughtry
Senator Matthea Daughtry was a candidate for re-election in the 2022 general election. She was required to file the 11-Day Pre-General Report on October 28, 2022. Her campaign filed it one day late on October 29. The preliminary penalty for the late report is $658.21. Sen. Daughtry requests a waiver because the campaign’s authorized agent was unavailable during the evening of October 28 and the report was filed 13 minutes late.
Staff recommendation: the Commission staff recommend reducing the penalty to $300.00.
Motion: To reduce the penalty to $150.
Made by: Commissioner Neumann
Seconded by: Commissioner Marble
Vote: 5-0
5. Request for Waiver of Late Filing Penalty – Steve LaFreniere
Steve LaFreniere and his partner, Joy Oakes, of Brownville, Maine, purchased lawn signs with personal funds that were posted in the Brownville area. The signs contained express advocacy promoting Paul LePage and opposing Governor Janet Mills. The signs did not include any statement disclosing who paid for them. Mr. LaFreniere was required to file a 2-Day Pre-General Independent Expenditure Report with the Commission by October 16th, but it was not filed until November 7th, making the report 22 days late. The preliminary penalty is $1,099.44. Mr. LaFreniere and Ms. Oakes request a waiver because they did not know that an independent expenditure report was required.
Staff recommendation: the Commission staff recommend reducing the penalty to $200.
Motion: Regarding the matter of the late filing, to reduce the penalty to $200.
Made by: Chairman Schneider
Seconded by: Commissioner Marble
Vote: 5-0
Motion: Regarding the initial lack of proper sign disclosure, a finding of no penalty.
Made by: Chairman Schneider
Seconded by: Commissioner Marble
Vote: 5-0
6. Request for Waiver of Late Filing Penalty – York Voter Alliance
The York Voter Alliance is an association of individuals who fundraised among themselves to purchase signs disseminated in York. The signs contained express advocacy supporting Governor Janet Mills. The signs did not include the full disclaimer language but did include the phrase “York Citizens Alliance” at the bottom of each sign. The group was required to file a 2-Day Pre-General Independent Expenditure Report with the Commission by October 1st, but it was not filed until November 14th, making the report 44 days late. The preliminary penalty is $672.61. David Chase of the York Voter Alliance is requesting a waiver because he did not know that an independent expenditure report was required.
Staff recommendation: the Commission staff recommend reducing the penalty to $200.
Motion: Regarding the matter of the late filing, to reduce the penalty to $200.
Made by: Chairman Schneider
Seconded by: Commissioner Hastings
Vote: 5-0
Motion: Regarding the initial lack of proper sign disclosure, a finding of no penalty.
Made by: Chairman Schneider
Seconded by: Commissioner Marble
Vote: 5-0
7. Request for Waiver of Late Filing Penalty – Robert McCarthy
Robert McCarthy was a candidate for House District 93. Mr. McCarthy was required to file a 24-Hour Report on November 1, 2022 but did not file it until November 15. The preliminary penalty for the late report is $308.09. Mr. McCarthy is requesting a waiver of the penalty due to his inexperience, lack of assistance with his campaign, and the size of his campaign.
Staff recommendation: the Commission staff recommend reducing the penalty to $300.
Motion: To reduce the statutory penalty to $300.
Made by: Chairman Schneider
Seconded by: Commissioner Hastings.
Vote: 5-0
8. Request for Waiver of Late Filing Penalties – Aroostook County Republican Committee
The Aroostook County Republican Committee was required to file the 11-Day Pre-General campaign finance report by Friday, October 28th, but it was not filed until Sunday, November 6th, making the report nine days late. The committee was also required to file a 24-Hour Report by Saturday, November 5th, but it was not filed until Monday, November 7th, making the report two days late. The combined penalty for the two late reports is $620. The committee is requesting a waiver of these penalties because the treasurer had Covid at the time the reports were due.
Staff recommendation: the Commission staff recommend reducing the total penalties to $220.
Motion: To postpone this matter until the next meeting.
Made by: Commissioner Neumann
Seconded by: Commissioner LeClair
Vote: 5-0
9. Request for Waiver of Late Filing Penalty – Androscoggin County Democratic Committee
The Androscoggin County Democratic Committee was required to file the 11-Day Pre-General campaign finance report by Friday, October 28th. The report was not filed until Monday, October 31st, making the report three days late. The committee is requesting a waiver of the late filing penalty of $99.94 because the treasurer states she did not receive a reminder about the filing.
Staff recommendation: the Commission staff recommend not reducing or waiving the $99.94 penalty.
Motion: To not reduce the statutory penalty of $99.94.
Made by: Chairman Schneider
Seconded by: Commissioner Marble
Vote: 5-0
Other Business
1. Written decision regarding the American Leadership Committee - Maine PAC discussed at the November 2022 Meeting.
Prior to the meeting, Executive Director Wayne circulated a draft decision written based on the discussion at the November meeting that he sought approval for Chairman Schneider to sign so it can be issued to the parties.
Motion: Approval of the written determination and empowering Chairman Schneider to sign it on behalf of the Commission.
Made by: Commissioner Hastings
Seconded by: Commissioner Neumann
Vote: 5-0
2. Commissioner guidance regarding information on penalties presented to the members.
Executive Director Wayne sought information from the commissioner members whether the background materials presented to them regarding penalty ranges was sufficient or if it needed tweaking based on the changing makeup of the membership. Commissioners acknowledged the work of staff and advised that no different procedures are necessary and they are being provided with plenty of information to do their work.
ADJOURNMENT at 10:48 a.m.