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Home > Meetings >January 17, 2013 Actions

Commission Actions
Meeting of January 17, 2013, at 9:00 a.m.
Commission Office, 45 Memorial Circle, 2nd Floor, Augusta, Maine
and
DHHS Main Office, 221 State Street, Augusta Maine

Present: Walter F. McKee, Esq., Chair; André G. Duchette, Esq.; Margaret E. Matheson, Esq.; Michael T. Healy, Esq.; Hon. Jane A. Amero
Staff: Executive Director Jonathan Wayne; Phyllis Gardiner, Counsel

 

1. Ratification of Minutes of the November 28 and December 19, 2012 Meetings

Motion: To adopt the minutes as drafted.
Made by: Ms. Matheson
Seconded by: Mr. Duchette
Vote: 5-0 (motion passed)

2. Public Hearing for Rule-Making
The Commission held a public meeting to hear comments from the public concerning proposed amendments to the Commission Rules.

No members of the public provided comments regarding the proposed rule changes. Written comments may be submitted by January 30, 2013.

3. Request for Waiver of Late-Filing Penalty/Rep. Kenneth Wade Fredette
Rep. Kenneth Fredette was one day late filing a campaign finance report due December 18, 2012. The preliminary penalty is $31.99. He requested a waiver of the penalty because of a medical situation affecting a member of his campaign.

Motion: To access a pently of $31.99.
Made by: Ms. Matheson
Seconded by: Mr. Duchette
Vote: 5-0 (motion passed)

4. Guidance on Equipment Purchased with Maine Clean Election Act Funds
Todd Delaney is a resident of Standish who was a candidate for the Maine House of Representatives, District 102. He spent $245 in Maine Clean Election Act funds for equipment, specifically tablet styluses, which may not be consistent with the Commission’s 2012 Expenditure Guidelines. The Commission staff sought guidance from the Commission on how to treat the purchases, as part of the staff’s compliance review.

Motion: That the candidate reimburse the Maine Clean Election Act Fund for the full purchase price of any styluses remaining after the campaign.
Made by: Mr. Healy
Seconded by: Ms. Amero
Vote: 5-0 (motion passed)

5. Audits of Maine Clean Election Act Candidates
The Commission’s auditor has initiated audits of randomly selected Maine Clean Election Act candidates. Five audits have been completed, which showed no exceptions (violations) by these candidates.

No action required.

6. Hearing on Potential Campaign Finance Violations/House of Representatives, District 1
The Commission held a hearing to receive sworn testimony concerning expenditures by Philip Soucy, James Majka and others to promote the election of Allen Michael Nadeau to the Maine House of Representatives, District 1.

The Commission received testimony from Julie Daigle and Dennis Michaud, employees of the Fiddlehead Times in Fort Kent (by phone), James Majka of Fort Kent and Dana Saucier of Eagle Lake (by videoconference), and Rep. Allen Michael Nadeau who was present at the hearing in Augusta. Mr. L. Philip Soucy of Fort Kent, treasurer for Citizens for Effective Government and the Nadeau campaign, was present at the hearing in Augusta. He exercised his 5thAmendment privilege and did not provide any testimony. The Commission directed the staff to undertake additional investigation and decide whether there are any other witnesses who should testify at a future meeting. The Commission did not make any findings of fact or determinations at the conclusion of the hearing. The Commission will continue the hearing at a time to be determined.

7. Hearing on Potential Campaign Finance Violations/2010 Campaign of Rosa Scarcelli
The Commission scheduled a hearing to receive sworn testimony regarding a complaint by Karl Norberg against his step-daughter, Rosa W. Scarcelli. Ms. Scarcelli ran for the office of Governor in the 2010 Democratic Party primary election. Prior to the hearing, Mr. Norberg withdrew his complaint and requested that the Commission terminate its investigation.

Motion: To terminate any further investigation.
Made by: Mr. McKee
Seconded by: Mr. Duchette
Vote: 4-0 (motion passed, Mr. Healy recused himself from consideration of this matter)

Other Business - Adjustment to Contribution Limits

The contribution limit for candidates for the Maine State Legislature was increased by $25, from $350 to $375 per election, effective immediately. No other contribution limits were changed.