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Home > Meetings > November 19, 2009 Actions

Commission Actions
Meeting of November 19, 2009, 10:00 a.m.
Burton M. Cross Office Building, Room 208,
111 Sewall Street, Augusta, Maine

 

Present: Walter F. McKee, Esq., Chair; André G. Duchette, Esq.; Hon. Francis C. Marsano (by phone); Hon. Edward M. Youngblood.

 

1.  Ratification of Minutes of the October 1, 2009 Meeting

Motion:  To adopt the minutes as drafted.
Made by:  Mr. Youngblood
Seconded by:  Mr. Duchette
Vote:  4-0 (motion passed)

 

2.  Draft Report on Maine Clean Election Fund
The Commission staff presented a draft version of a report to the Governor and the Legislature on the sufficiency of the Maine Clean Election Fund fore 2010 elections.  The final report is due by January 1, 2010.

No action necessary.

 

3.  Public Hearing on Rulemaking/Shortfall in Maine Clean Election Fund
At the September 8, 2009 meeting, the Commission agreed to accept comments on proposed amendments to the Commission’s rule regarding the procedures for authorizing Maine Clean Election Act candidates to accept campaign contributions if there is insufficient money in the Maine Clean Election Fund.  The Commission held a public hearing to receive public comment on the proposed amendments.  The Commission expects to adopt a rule at its January meeting.

No action necessary.

 

4.  Request by TABOR NOW to Investigate the City of South Portland
David Crocker of the TABOR NOW campaign has requested that the Commission investigate whether the City of South Portland was required to register and file reports as a ballot question committee.  The original motion by Mr. Youngblood was amended as follows:

First Motion:  To find that a municipality is a “person” as defined in 21-A M.R.S.A. § 1001(3).
Made by:  Mr. Youngblood
Seconded by:  Mr. Duchette
Vote:   3-1 (Mr. Marsano opposed) (motion passed)

Second Motion:  To find that the purpose of the mailing was to advocate for the opposition to the ballot question.
Made by:  Mr. Youngblood
Seconded by:  Mr. Duchette
Vote:   3-1 (Mr. Marsano opposed) (motion passed)

Third Motion:  To find that the $5,000 threshold for qualifying as a ballot question committee was not met.
Made by:  Mr. Youngblood
Seconded by:  Mr. Duchette
Vote:   4-0 (motion passed)

 

5.  Request by Maine Leads for Waiver of Late-Filing Penalties
At the October 1, 2009 meeting, the Commission directed Maine Leads to file campaign finance reports as a ballot question committee to disclose its financial activities in support of three citizen initiatives in 2007 and 2008.  Maine Leads requests a waiver of the late-filing penalties.

Motion:  To accept the staff recommendation
Made by:   Mr. McKee
Seconded by:   Mr. Duchette
Vote:  withdrawn

Second Motion:  To assess a $2,500 penalty for each report, for a total of $10,000 and waiving the $100 penalty for the no activity report. 
Made by:  Mr. McKee
Seconded by:  Mr. Duchette
Vote:  4-0 (motion passed)

 

6.  Update on Investigation of National Organization for Marriage
At the October 1, 2009 meeting, the Commission authorized the staff to investigate whether the National Organization for Marriage was required to register and file campaign finance reports as a ballot question committee.  The Commission staff wishes to discuss the scope of its investigation of the organization.

No action necessary.

 

7.  Developing Ethical Standards for the Executive Branch
In the 2009 session, the Maine Legislature adopted Resolve Chapter 88, which requires the Commission to develop proposed ethical standards for the executive branch of Maine state government.  The Commission staff wishes to discuss the second draft of the report.  The report is due December 3, 2009.

No action necessary.

 

OTHER BUSINESS

Lynne Williams Campaign Request for Advice

No action necessary.