Skip Maine state header navigation

Agencies | Online Services | Help

Skip First Level Navigation | Skip All Navigation

Home > Meetings > February 25, 2010 Actions

Commission Actions
February 25 , 2010

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

1.  Ratification of Minutes of the January 28, 2010 Meeting

Motion: To adopt the minutes as drafted.
Made by: Mr. Marsano
Seconded by: Mr. Duchette
Vote: 3-0 (motion passed)


2.  Advice on Legislative Ethics/Rep. Jon Hinck

State Representative Jon Hinck is a member of the Joint Standing Committee on Utilities and Energy.  He seeks advice from the Commission concerning whether he would be in a conflict of interest in influencing future legislation on wind energy issues.

Motion: That the Commission find there is no conflict and reiterate the opinion of Attorney General James Tierney.
Made by: Mr. Marsano
Seconded by: Mr. Duchette
Vote: 3-0 (motion passed)


3.  Request for Waiver of Late-Filing Penalty by Candidate Eliot R. Cutler

On January 19, 2010, the campaign staff of gubernatorial candidate Eliot R. Cutler attempted to file a campaign finance report, but encountered difficulties uploading the data electronically.  The Commission’s electronic filing system recorded that the report was filed one day late.  Staff recommendation: because of the diligence of the Cutler campaign in attempting to file the report on January 19, the staff recommends a complete waiver of any finding of violation and penalty.

Motion: That the Commission accept the staff recommendation to waive the late filing penalty.
Made by: Mr. Duchette
Seconded by: Mr. Marsano
Vote: 3-0 (motion passed)


4.  Seed Money Contributions over $100 Received by Hon. Elizabeth H. Mitchell

Four contributors gave donations to the gubernatorial campaign of Elizabeth Mitchell via the internet that exceeded the $100 limit for seed money.  The campaign has returned the amounts over $100.  Staff recommendation: the staff recommends waiving the seed money restrictions for these four contributions.

Motion: That the Commission grant a complete waiver of the seed money restrictions for these four contributions.
Made by: Mr. Marsano
Seconded by: Mr. Duchette
Vote: 3-0 (motion passed)

The Commission staff presented the following policy question to the Commission: Would the Commission permit the staff to use its discretion to waive seed money violations in situations similar to those presented to the Commission in the agenda item?

Motion: That the Commission authorize the staff to use its discretion to waive future violations and report back to the Commission any such waivers at the following meeting or by mail or e-mail.
Made by: Mr. McKee
Seconded by: Mr. Marsano
Vote: 3-0 (motion passed)


5.  Draft Guidance on Reporting Independent Expenditures

For consideration by the Commission, the staff has updated for the 2010 elections the Commission’s Advice Regarding Independent Expenditures.

Motion: That the Commission adopt the staff’s proposed advice memo regarding independent expenditure.
Made by: Mr. McKee
Seconded by: Mr. Marsano
Vote: 3-0 (motion passed)


6.  Petition by the National Organization for Marriage to Vacate or Modify Subpoenas

The National Organization for Marriage (NOM), its executive director Brian Brown, and Stand for Marriage Maine request that the Commission vacate or modify subpoenas issued in the investigation of NOM.

Motion: That the Commission deny all five petitions by NOM, Brian Brown, and Stand for Marriage Maine and that the Commission confirm that the confidentiality provisions of 21-A M.R.S.A. § 1003(3-A) will apply.
Made by: Mr. McKee
Seconded by: Mr. Duchette
Vote: 3-0 (motion passed)