March 28, 2024
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Curbs on fundraising have scant effect

AUGUSTA – State lawmakers in Maine have been bound by special curbs on fundraising during legislative sessions for close to a decade, but that doesn’t mean the solicitation of political donations from lobbyists comes to a stop.

The Maine Republican Party, for instance, held a reception at the Senator Inn on Feb. 7 with a top official of the Republican National Committee as a draw. An invitation provided to The Associated Press by a lobbyist who received it sought sponsors for $1,000, hosts for $500 and guests for $100 “to support our growing statewide political grassroots network.”

A Jan. 13 “Dear Friend” letter of invitation from Michael Leavitt, who was then the state party’s executive director, made a direct pitch.

“So much of the political and legislative work you and your client(s) pursue has its roots in and implications for both state and federal issues which is why I’m so pleased to be able to communicate to you this opportunity for your clients to help show their support for the Republican Party with which they’ve always worked so successfully,” Leavitt wrote.

In his own letter, state GOP Chairman Mark Ellis added: “While an invitation makes its way to your mailbox, please also consider contributing to our efforts to develop and strengthen a strong and trained network of Republican activists to help secure victories in 2006 for Republicans up and down the ticket.”

Last-minute scheduling changes brought RNC Co-chairman Jo Ann Davidson to Augusta in Chairman Ken Mehlman’s stead. The state party’s political director, Ben Gilman, expressed puzzlement over questions about the timing of the Augusta event.

“To be honest, I don’t know what the issue is. As a state party we raise money year round. … The other side raises money year round,” Gilman said.

A spokesman for the Maine Democratic Party, Arden Manning, said his organization does not dispute the right of the Republican organization to hold an in-session fundraiser like the one last week and would not cede its right to do the same.

But Manning maintained that more modest Democratic Party fundraising efforts while the Legislature is in session like a coming Knox County “house party” better match “the spirit of the law.”

According to a 2003 compilation by the National Conference of State Legislatures, 28 states had restrictions on giving and receiving campaign contributions during a legislative session. In some states, bans focused on lobbyists or political committees. Some states had more general bans.

At the federal level, political contributions involving lobbyists have prompted calls for reform in the nation’s capital, where prominent lobbyist Jack Abramoff recently pleaded guilty in a fraud and bribery case and is cooperating with a public corruption investigation.

Addressing “Lobbyist Contributions During the Legislative Session,” the Maine Commission on Governmental Ethics and Election Practices lays out detailed prohibitions.

“The Governor, members of the Legislature, constitutional officers of the State, and their staff or agents are prohibited from intentionally soliciting or accepting a contribution from a lobbyist, lobbyist associate, or employer (lobbyist client) during any time in which the Legislature is in session. It is also a violation for a lobbyist, lobbyist associate, or employer to intentionally make a contribution during the session,” the commission asserts in a Web site posting.

Additionally: “These prohibitions apply to indirect solicitation, acceptance, and giving of a contribution through a political action committee, political committee, or political party.”

The net effect, says Executive Director Jonathan Wayne of the state ethics commission, is that in-session fundraising by a party is considered to comply with the law as long as:

. Contributions are not directed to a specific candidate by a restricted donor.

. Contributions are not obtained by a restricted candidate as a result of an understanding with the donor.

Restricted candidates may attend fundraisers held by a party committee, according to a commission advisory, “as long as the candidate was not involved in soliciting contributions for the event from prohibited sources and the proceeds are paid directly to the party or a charitable organization.”


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