Old Town candidate fined over flier

AUGUSTA – The state Commission on Ethics and Elections Practices voted unanimously Friday to fine a state Senate candidate from Old Town for using Maine Clean Elections Act money to influence a contest other than her own.

“It’s not something that I personally like, this flier,” said Commissioner Walter McKee, an Augusta lawyer. “I think many people would bristle at it. But, when you look at statute, it is clear to me that this meets the standard of an independent expenditure.”

The panel members attending the meeting voted 4-0 to fine Valerie Carr-Winocour, the GOP nominee in Senate District 30, $50 for misuse of funds because MCEA law does not allow use of public funds in a campaign other than the one in which the individual is a candidate.

The flier mailed to voters in the 23 municipalities in the Senate district and distributed as an insert in the Bangor Daily News, portrays several current area lawmakers as “The Baldacci Bunch,” and denounces their support of the governor’s policies.

The brochure includes words that parody the theme from the “Brady Bunch” television show and includes several attacks in general on Democrats.

Commissioners made it clear the political content of the flier was not a concern. Instead, it was language urging voters to take the flier with them to the polls “so you know who NOT to vote for.”

That violated the law, the commission ruled.

The panel determined the flier not only urges the defeat of Carr-Winocour’s opponent, incumbent Sen. Elizabeth Schneider, D-Orono, but also Rep. Richard Blanchard, D-Old Town, who is in a three-way race.

The flier also has a photo of Rep. Mike Dunn, D-Bangor, and Sen. John Martin, D-Eagle Lake, and Rep. Emily Cain, D-Orono.

Dunn is not seeking re-election, and Martin is unopposed in his campaign for a House seat far from the distribution area of the campaign brochure.

“There are a lot of things in the flier than concern me, “Rep. Emily Cain, D-Orono, said Friday. “But that is not why I filed the complaint before you. I think it is clear that this does violate the Clean Elections Act and uses Clean Election money for another race, not this race.”

Cain is not opposed for re-election and said her concern is with upholding the law passed by voters over a decade ago establishing public financing for governor and legislative races.

Waterville lawyer Dan Billings represented Carr-Winocour at the emergency meeting of the commission as she listened in on a conference call. He said the mentioning of others in campaign literature is often used by both parties, and is part of politics.

“My argument is that you should look at the law in a larger context,” he said, “and what is the purpose of the independent expenditure law and why it is there.”

Billings said the intent of the flier is clearly to elect Carr-Winocour and not to influence other contests and the panel should reject the complaint. But the commission decided even though only a small part of the brochure could affect a different contested race than the Senate race that Carr-Winocour is involved, it still constitutes an independent expenditure.

“I think what is important here is to send a message that this type of expenditure should not be made,” said Commissioner Francis Marsano, a retired Superior Court justice.

The panel decided the $3,857.87 expenditure for the flier would trigger the provision in the law allowing a privately funded candidate to raise and spend money above the spending limit. That amount, however, would be limited to 10 percent of the total.

Since Blanchard is the only candidate practically affected by the improper expenditure, he will be allowed to raise and spend up to $385.79 without triggering state matching funds for his two publicly financed opponents, Republican Julio DeSanctis and independent Edward Spencer.