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Home > Meetings > October 20, 2010 Actions

 

Commission Actions
Meeting of October 20, 2010, 9:00 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.  Investigation of Cutler Files (partially discussed in executive session)
The Commission heard from counsel for the Cutler Files and the Eliot Cutler campaign.  The Commission met in executive session to discuss the legal rights and duties of the Commission.

Motion:  That the Commission authorize the staff to continue the investigation of possible violations of 21-A M.R.S.A. §§ 1014 and 1019-B in the Cutler Files matter in a confidential manner.
Made by: Mr. Healy
Seconded by: Mr. Duchette
Vote:  5-0  (motion passed)


2.  Request by Walter J. Eno concerning Columnist Bill Nemitz
The Commission received a request by Walter J. Eno of Scarborough to consider whether columnist Bill Nemitz violated election laws because of his advocacy against Paul LePage.  The staff recommended taking no action on this matter because of the exception in the campaign finance law for newspaper commentaries.

Motion:  That the Commission take no action on the request for an investigation.
Made by:  Mr. Duchette
Seconded by:  Ms. Matheson
Vote:  5-0 (motion passed)


3.  Request by Maine Democratic Party concerning Paul LePage

The Maine Democratic Party filed a request that the Ethics Commission investigate whether the 2010 gubernatorial campaign of Paul LePage received an in-kind contribution in the form of a company car which Marden’s Surplus & Salvage has provided to the candidate.

Motion:  That the Commission not investigate the matter because there is not probable cause to believe that a violation has taken place.
Made by:  Mr. McKee
Seconded by:  Ms. Matheson
Vote:  5-0 (motion passed)


4.  Request by Maine Democratic Party concerning Poll
The Commission staff provided an update to the Commissioners on a staff investigation of a poll of Maine residents concerning candidates for the State Senate conducted by Target Point Communications and Western Wats.

Motion:  That the investigation requested by Mr. Walker on September 29, 2010 (on behalf of the Maine Democratic Party) be terminated in light of the report from Mr. Wayne.
Made by:  Mr. Healy
Seconded by:  Mr. Youngblood
Vote:  5-0 (motion passed)


5.  Request by Maine Republican Party concerning Elizabeth Mitchell Campaign

Gubernatorial candidate Elizabeth Mitchell ran a television ad featuring her family.  The Maine Republican Party requested that the Commission consider whether she has spent Maine Clean Election Act funds to assist the campaigns of two of her children and her husband, who are also candidates for office.

Motion:  That the Commission find that the ad was not an independent expenditure.
Made by:  Mr. McKee
Seconded by:  Mr. Youngblood
Vote:  5-0 (motion passed)

Motion:  That the Commission find there was no contribution or expenditure made as those terms are defined in § 1012 .
Made by:  Mr. McKee
Seconded by:  Mr. Duchette
Vote:  5-0 (motion passed)


OTHER BUSINESS

Wade McLaughlin, the Democratic candidate for House District 3, requested an investigation of his opponent, Rep. Bernard Ayotte, regarding a flyer about the circuit breaker property tax refund program that has been distributed in the district.

Motion:  That the Commission take no action on this matter.
Made by:  Mr. McKee
Seconded by:  Mr. Youngblood
Vote:  5-0 (motion passed)