Meeting of September 9, 2010, 8:30 a.m.
45 Memorial Circle, Augusta, Maine
Present: Walter F. McKee, Esq., Chair; André G. Duchette, Esq.; Margaret E. Matheson, Esq.; Hon. Edward M. Youngblood; Michael T. Healy, Esq.
1. Maine Clean Election Act Appeal by Douglas T. Stone
Douglas T. Stone is a replacement candidate for the Maine House of Representatives. On August 27, 2010, the staff of the Commission denied his application for Maine Clean Election Act funding, because he was late in submitting his qualifying materials. Mr. Stone submitted them approximately 50 - 60 minutes after the deadline of 5:00 p.m. on Wednesday, August 25, 2010, the last day of the qualifying period for replacement candidates. The candidate has appealed the staff’s denial. The Commission will held a formal hearing to consider Mr. Stone’s appeal.
In a unanimous decision by all five members, the Commission determined the appellant did not meet the burden of proving that the certification decision by staff was in error as a matter of law or based on factual error.
2. Cutler Files Website
A website that contained information unfavorable towards Eliot Cutler, an unenrolled candidate for Governor, had recently been put up on the Internet. After reviewing the content of the website, the staff believed that it was expressly advocating for the defeat of Mr. Cutler. The website did not include any specific information about who was responsible for or paid for the website and did not indicate whether the website was authorized by a candidate. The staff requested authorization to conduct an investigation to determine who was responsible for the website. The Cutler campaign also filed a complaint requesting the Commission to conduct an investigation.
Motion: That the Commission determine that there is sufficient evidence to initiate an investigation and authorize the staff to investigate this matter fully.
Made by: Mr. Healy
Seconded by: Mr. Duchette
Vote: 5-0 (motion passed)