The Maine Democratic Party has been fined $424 by the state’s ethics commission for late reporting of spending on behalf of a candidate, marking the third time since September that the party has been penalized.
The Maine Commission on Governmental Ethics and Election Practices levied the fine against the party Jan. 29 because of an expenditure report that was filed four days later than the Maine Clean Election Act requires. The $873 expenditure was on behalf of Democrat Dennis Haszko, who was vying for the House District 89 seat against Republican Lance Harvell.
That Farmington-area seat was vacated in December when its former occupant, Janet Mills, became the state’s attorney general. Harvell won the election Tuesday.
At issue is a mailing for Haszko that was sent on Jan. 16. The expense report for that mailing was not filed until Jan. 21. Harvell received matching funds on that day, which was one day later than he should have under the law. The commission, in addition to a $174.60 routine fine, voted unanimously to tack on an additional $250.
In a letter to the commission, Democratic Party attorney Daniel Walker argued against the additional $250 fine because the mistake “resulted in no real harm” to Harvell. The commission could have levied a fine of up to $2500, under the law.
Arden Manning, executive director of the Maine Democratic Party, said Tuesday that the error was the result of a misunderstanding about the rules for a special election.
“Once we realized there was a problem, we’re the ones who brought it up to the ethics commission,” said Manning. “We reported it even before the mail in question hit the mailboxes.”
The Maine Democratic Party was fined twice last fall for errors it made in September. In one case, the party said a staff member mistakenly determined a mailer did not expressly advocate for a candidate, which resulted in a $328 fine after the report was filed seven days late. In the other case, a mistake by the party’s printing contractor resulted in a $5000 fine because it resulted in a filing that was 20 days late.
In other business, the commission’s staff recommended no action on a dispute between John Frary, a 2008 Republican candidate for the U.S. Congress, and Rep. John Martin, D-Eagle Lake, according to Jonathan Wayne, the commission’s executive director.
In a radio advertisement, Frary referred to Martin, Gov. John Baldacci and U.S. Rep. Michael Michaud, D-Maine – who Frary opposed in the election as “The Three Amigos of the North Maine Woods,” according to a Jan. 16 press release from Frary.
Martin had inquired whether a federal candidate taking a shot at a state candidate represented a federal expenditure. Wayne and his staff determined that the issue is outside the commission’s jurisdiction and didn’t put the item on the agenda. Martin said on Tuesday that he was just curious.
“I wanted to find out what the relationship is between a federal candidate and the Maine Clean Election Act,” said Martin. “It’s not a big deal.”
The commission also approved numerous proposed changes to the Maine Clean Election Act and forwarded them to the Legislature. Many of the changes were technical in nature or had to do with how the commission operates. The commission also discussed and heard public comment on proposed changes to its own set of rules, many of them having to do with the disposition of property purchased by campaigns after the election is over.
The commission asked for more information before acting on a request by the Scarborough Village Partnership PAC to waive a $250 fine for late filing of two campaign finance reports.
Republican Frank Weatherhead of Caribou, was hit with a $250 fine who has not filed an expenditure report for a newspaper advertisement he purchased during the 2008 campaign for the District 1 seat, which was won by Democrat Troy Jackson.
Two 2008 Maine Clean Election Act candidates who accidentally overspent the funding provided to them were assessed $50 penalties. Democrat Frederick H. Austin of Newport, who ran for the District 25 seat, overspent by about $30. Democrat Seth Yentes of Monroe, who ran for the District 42 seat, overspent by $52. Both candidates lost in the election.
As the result of an Oct. 21, 2008 decision by the Maine Supreme Judicial Court, the commission overturned a decision it made in 2006 against Michael D. Mowles.
Mowles, a Republican candidate for the House District 121 seat in 2004, was endorsed by U.S. Sens. Olympia Snowe and Susan Collins. In the 2006 primary election, Mowles recycled the senators’ statements from two years before.
The commission ruled that Mowles violated the law by not obtaining the senators’ authorization before re-using their statements in 2006. Mowles challenged the commission’s findings in court. After the Maine Superior Court ruled in the commission’s favor, the Maine Supreme Judicial Court overruled the lower court’s findings and ordered the ethics commission to reverse its decision.
(Statehouse News Service)
