The Commission on Governmental Ethics and Elections Practices on Oct. 1 ordered an investigation of Stand For Marriage Maine Political Action Committee and its primary funder, the National Organization For Marriage (NOM). Both are opposed to Maine’s same-sex marriage law passed in 2009 and are seeking its repeal in November.
Maine residents vote Nov. 3 on Question 1, an Act to End Discrimination in Civil Marriage and Affirm Religious Freedom by repealing Maine law allowing same-sex marriage.
The commission’s decision was a reversal of staff recommendations and followed nearly 40 minutes of conflicting assertions by Fred Karger, executive director of Californians Against Hate, Barry Bostrom and Brian Brown, of the National Organization For Marriage, and Danielle Truszkovsky, a freelance journalist from Florida.
Karger called for disclosure and transparency in elections, warning NOM was attempting to circumvent Maine election law by obscuring the names of its donors. He submitted dozens of documents beginning August 13 and brought additional material to the Oct. 1 commission meeting.
NOM’s executive director and his attorney asserted Karger’s requests were nothing more than attempts to identify those opposed to same-sex marriage as targets for future hate crimes. Each reiterated NOM’s compliance with Maine election law, explaining NOM does not solicit donations for work in specific states and instead conducts more generalized fundraising drives to support causes through its general treasury.
Of its effort to protect donor identities, Truszkovsky indicated NOM had failed to disclose basic nonprofit financial statements, an Internal Revenue Service 990, and had filed amendments to the 990 three times. She told commissioners less than 1 percent of nonprofit organizations amend the disclosure one time, indicating three amendments in one reporting period was unique.
Brown and Bostrom indicated the forms are now available on NOM’s website, www.nationformarriage.org, in part because repeated requests for the public documents had interfered with staff work.
It was Karger’s documents, however, that piqued the interest of Commissioner Walter McKee, of Hallowell, who seized on newsletters and other material specifically citing NOM’s interest in preserving traditional unions in Maine.
McKee seemed particularly incensed by one newsletter, where more than half the content was dedicated to funding efforts in Maine.
Attorney Bostrom indicated NOM’s email newsletters solicited funds to “cover the costs of sending out email newsletters.”
Because NOM did not receive more than $5000 from the newsletters, Bostrom said Maine law did not require NOM to register as a Political Action Committee. He also refuted arguments that NOM would be required to register as a ballot question initiative committee under Maine law.
This is not Karger’s first attempt to ensure disclosure and election law compliance in same-sex marriage initiatives. He asked the California Fair Political Practices Commission to investigate the connection between NOM and the Church of Latter Day Saints and its purported donations to Proposition 8, the measure that repealed same-sex marriage in California, in 2007.
Brown told commissioners the Californian commission had not issued a finding of wrongdoing against NOM, which raised $1.8 million in less than two years in support of a California PAC supporting Proposition 8. Brown further asserted Karger’s efforts were merely to expose the names of those who consider marriage a union between one man and one woman.
Maine’s referendum has earned national interest, a point reiterated by those speaking before the commission Oct. 1. Karger traveled from California; Bostrom from Indiana; Brown from New Jersey; and, Truszkovsky, from Florida.
No one from Maine spoke in favor or opposition of the request to investigate Stand for Marriage Maine, or of the Nov. 3 vote.
The proximity of the vote did not weigh on commissioners, who urged staff to review allegations given the “slippery slope” of groups attempting to circumvent Maine election law.
Of the $343,689 in donations reported by Stand for Marriage Maine PAC by June 2009, Karger wrote religious organizations and the James Dobson’s Focus on the Family fund donated all but $400 of the total raised.
He alleges the amount of NOM’s donations, and the organization’s mission, makes NOM subject to Maine’s election laws.
Commissioner McKee was initially urged to follow staff recommendations, yet was persuaded by Karger’s arguments and believed there were reasonable grounds to investigate allegations.
“There is a large amount of money in this campaign that concerns me and I have to say authorizing investigations in circumstances like this is appropriate,” McKee said.
“I am troubled by the slippery slope when entities can circumvent the intent of what our laws seek to cover,” Commissioner Andre Duchette of Brunswick said. “I do think an investigation is warranted.”
Outgoing commission chair Michael Friedman of Bangor disagreed, saying the pattern of national money flowing to Maine elections was the norm, not the exception, urging commissioners to review statutes.
Commissioner Edward Youngblood of Bangor also voiced opposition. “There is no reason to get involved in a time-consuming investigation,” he said.
Commissioner Francis Marsano of Belfast indicated time was not an issue and the commission needed to focus on the intent of the law.
“Time is not of the essence,” Marsano said, adding commission staff could not be expected to work within the confines of the Nov. 3 ballot that puts Question 1 on a statewide referendum.
“This investigation should be done in a way that will produce the kinds of results Commission McKee was proposing,” he said.
If California’s investigation is any indication, Marsano does not have to fear a quick investigation.
Reached for comment Thursday, Roman Porter, executive director of California Fair Political Practices, said the California investigation spurred by Karger’s complaint is in its 11th month. Porter was unwilling to provide a timeline of when the investigation might end.
Commission director Wayne sought clarification of the staff role in the investigation and was authorized to subpoena Brown, through attorney Bostrom, as needed.
The commission meets Nov. 19.
