Katherine Knox (207) 228-7229 [email protected]
Isabel Mullin (207) 228-7336 direct [email protected] January 23, 2018
Jonathan Wayne Executive Director Maine Commission on Governmental Ethics and Election Practices 135 State House Station Augusta, ME 04333
Re: Request for Investigation into Campaign Finance Violations by the Maine Examiner and Maine Republican Party
Dear Mr. Wayne:
On behalf of my client, Maine Democratic Party, and pursuant to 21-A M.R.S. § 1003(2) and 94-270 C.M.R. ch.1, § 4(2)(C), I write to request that the Commission investigate the activities and the entities named above for violations of campaign finance law. As demonstrated below, the Maine Democratic Party believes that the evidence enumerated in this letter provides the Commission with more than sufficient grounds for believing that violations have occurred and we ask that an investigation be immediately commenced.
THE MAINE EXAMINER
The Maine Examiner purports to be “a small group of Mainers who simply publish Maine news, trends and interesting pieces about you, the people of Maine.” (Attachment A.) However, the Maine Examiner website and social media pages are all anonymous. There is no information provided about the authors, publishers, funders, or any other individual associated with Maine Examiner. The byline of each story it publishes simply reads “Administrator” or “The Maine Examiner.” (Attachments R, S, T, U, V, W, X, & Y.)
The organization first began operating its website on September 11, 2017, shortly before the 2017 general election. (Attachment D.) The domain was privately registered using
Jonathan Wayne January 19, 2018 Page 2 a private registration service called Domains by Proxy, which conceals the identity of the individual(s) who created and operate the website. (Attachments D & E.) It also operates a Facebook page and a Twitter account. Its first Facebook post was on September 13, 2017. (Attachment F.) Its Twitter account was created on September 15, 2017. (Attachment G.) Neither the Maine Examiner Facebook page nor its Twitter account identifies the individuals who write or post information or who are otherwise affiliated with the organization.
The Maine Examiner has not filed a Certificate of Existence with the Maine Department of the Secretary of State. (Attachments B & C.)
The Maine Examiner has declined interview requests from the Bangor Daily News, The Portland Press Herald, and the Boston Globe. Its email responses to the requests were anonymous. (Attachments Z, Y, & Z.)
1) The Maine Examiner likely made independent expenditures without properly reporting those to the City of Lewiston.
The Maine Examiner published a series of seven stories about Ben Chin during the first two weeks of December 2017. The stories made inflammatory claims about Mr. Chin and attempted to disparage his character. These stories were all published and shared on Facebook shortly before the mayoral runoff election in Lewiston between Mr. Chin and a member of the Republican Party. The election took place on December 12, 2017 and the first story was posted on December 3rd, the second on December 4th, the third on December 5th, the fourth and fifth on December 7th, the sixth on December 8th, and the seventh on December 10th. (Attachments H, I, J, K, L, M, N, R, S, T, U, V, W, & X.)
Under Maine law, an independent expenditure is defined as “any expenditure made by a person, party committee, political committee or political action committee, other than by contribution to a candidate or a candidate’s authorized political committee, for any communication that expressly advocates the election or defeat of a clearly identified candidate[.]” 21-A M.R.S. § 1019-B(1). An expenditure is presumed to be an “independent expenditure” when it is “made to design, produce or disseminate a communication that names or depicts a clearly identified candidate and is disseminated during the . . . 35 days, including election day, before a special election; or from Labor Day to a general election day.” Id. The stories published by the Maine Examiner and shared on its Facebook page identify Mr. Chin by name and picture and discuss his candidacy for mayor. For example the story published December 3rd concludes as follows: “Chin is the political director of the Maine People’s Alliance, a liberal political group, and works as a lobbyist in Augusta. Chin’s opponent is Shane Bouchard, a Lewiston small-business owner. The election for Mayor of Lewiston is on December 12.” (Attachment R.) The six other stories all end in a similar manner, but also identify Mr. Chin’s opponent as a Lewiston native and city councilor. The stories were all
Jonathan Wayne January 19, 2018 Page 3 published within the time period for which the “independent expenditure” presumption is applied.
A person or organization who makes an independent expenditure in excess of $250 in a municipal election must file a report with the municipality detailing the expenditure. §1019-B(4). It is likely that the expenditures on these stories and their dissemination were more than $250 given the amount of research that is required to write such pieces, the work that is needed to verify the authenticity of the emails, the extent to which the stories were circulated online, and the sheer level of activity on the Maine Examiner’s website and Facebook page around these stories. When an independent expenditure is made within two weeks of an election, the report is due within one calendar day of the expenditure. 94-270 C.M.R. ch.1, § 10(3)(B)(3). Reports, therefore, were likely due for these expenditures on December 4th, 5th, 6th, 8th, and 11th.1 As of today, January 23, 2018, the reports are now between 43 and 50 days late. The The Maine Examiner has never filed a report with the City of Lewiston.
2) The Maine Examiner has likely not complied with the disclosure requirements for political communications or independent expenditures.
Maine law also requires that any communication “that names or depicts a clearly identified candidate and that is disseminated during the . . . 35 days before a general election” include “the name and address of the person who made or financed the communication and a statement that the communication was or was not authorized by the candidate . . . .” § 1014(2-A). The Maine Examiner did not include its address or a statement about whether or not a candidate authorized the communication in any of the seven stories about Mr. Chin.
An independent expenditure must also conspicuously include the top three funders of the organization. The Maine Examiner failed to disclose this information in its stories about Mr. Chin.
3) Independent Expenditures at issue are not exempted from reporting requirements by either the internet communication exception or press exemption.
a) Internet Communications Exception
The political communication and independent expenditure disclosure requirements do not apply to certain internet and email activities costing less than $100 if paid for by one
1 For expenditures related to municipal elections, reports may be filed the next business day when the deadline falls on a weekend or holiday. 94-270 C.M.R. ch. 1, § 10(3)(B). Reports for the two stories published and shared on December 7th were both due December 8th and reports for the stories published and disseminated on December 8th and 10th were both due December 11th.
Jonathan Wayne January 19, 2018 Page 4 or more individuals and if those individuals are acting independently of “a candidate, candidate’s authorized campaign committee, party committee, political action committee or ballot question committee or an agent of a candidate, candidate’s authorized campaign committee, party committee, political action committee or ballot question committee.” 21-A M.R.S. § 1014(6)(C); 94-270 C.M.R. ch.1, § 7(9)(B). This exception does not apply to the Maine Examiner because it is an organization—not an individual or group of individuals—and because there is reason to believe the organization may have been acting in concert with a party committee, the Maine Republican Party (“The Party”). In addition, the communications likely cost over $100.
The Party is a state party committee required to register and file campaign finance reports with the Commission pursuant to 21-A M.R.S. §§ 1013-A and 1017-A. The Party is a sophisticated political organization with full time staff and legal advisors. It is fully aware of Maine’s independent expenditure and political communications disclosure requirements. Despite that knowledge it shared three of the Maine Examiner’s stories about Mr. Chin on its Facebook page even though none of them complied with Maine’s political communications disclosure laws. (Attachments O, P, & Q.)
The Party’s January Quarterly report listed its expenditures between October 1, 2017 and December 31, 2017. (Attachment CC.) The report did not include any expenditures made to support or oppose candidates. However, the report lists seven individual Facebook advertising expenditures made between the dates of December 6th and December 13th, 2017 as “operating expenses.” The Party did not report any other Facebook advertisement expenditures during the quarter or during the prior.
The dates of the expenditures correspond with the exact time period in which the Maine Examiner published the seven stories and posted them on its Facebook page and the Maine Republican Party shared three of those stories on its own Facebook page. While the expenditures are all dated three or four days after the Maine Examiner stories were published and posted on its Facebook page, we know from our own extensive experience with campaign finances that Facebook advertisement purchases normally appear on a bank statement three to four days after the transaction was done through Facebook. It possible that the timing of these “operating expenditures” and the Maine Examiner stories being shared on Facebook is a mere coincidence. However, the timing and the curious way in which the stories posted by an organization with so few followers—only 385 Facebook followers as of January 19, 2017 (Attachment M)— spread so widely on Facebook merits at least some questions about the purpose of the Party’s Facebook expenditures.
In response to inquiries from the press, the Party declined to comment about whether it was coordinating with the Maine Examiner. (Attachments Z, AA, & BB.)
Jonathan Wayne January 19, 2018 Page 5
b) Press Exemption
Statute specifically excludes from the definition of expenditure, “Any news story, commentary or editorial distributed through the facilities of any broadcasting station, cable television system, newspaper, magazine or other periodical publication, unless the facilities are owned or controlled by any political party, political committee, candidate or spouse or domestic partner of a candidate[.]” 21-A M.R.S. §§ 1012(3)(B)(1) & 1052(4)(B)(1). The Commission’s Rules provide two criteria that must be met in order for the press exemption to apply. 94-270 C.M.R. ch.1, § 7(10).
First, the “the names of the persons or entities who own, control and operate the broadcasting station or publication are identified within the publication or otherwise made known to the public[.]” The Maine Examiner has not only failed to make this information public, but it has taken steps to conceal the identity of any and all individuals associated with the organization. Further, as mentioned above, it has declined requests to be interviewed, ostensibly to maintain its anonymity. Therefore, it does not satisfy the first requirement.
Second, “the broadcasting station or publication is not owned or controlled by any political party, political action committee or ballot question committee and is not owned or controlled by any candidate for state, county or municipal office whose candidacy, election campaign, or opponent is a subject of the news story, commentary or editorial, or by the authorized campaign committee of such a candidate, or by a member of such a candidate’s immediate family.” The Maine Examiner cannot satisfy this requirement because it continues to conceal who controls and funds the organization.
We request that the Commission investigate all expenditures the Maine Examiner and any other organizations made in support of the production and dissemination of the stories about Mr. Chin published between December 3, 2017 and December 10, 2017. If the Commission finds the Maine Examiner failed to file a required independent expenditure report, it should order the organization to promptly file an independent expenditure report with the City of Lewiston. We also request the Commission fully review the communications for compliant disclosures. The Commission should order the updating of any communications that are not compliant. The amendments should include the disclosure of the Maine Examiner’s top three funders and its address. Further the Commission should consider its options for assessing a penalty for this activity. The common practice of the Commission is to look to 21-A M.R.S. § 1014(4) when assessing violations of independent expenditure and other political communication disclosure requirements and we believe it should do so again in this instance. We also request that the Commission investigate whether the Maine Republican Party is affiliated with or coordinated with the Maine Examiner. This investigation should include a request for additional information from the Party about the Facebook expenditures it made in December 2017. Finally, if the Commission’s investigation
Jonathan Wayne January 19, 2018 Page 6 reveals coordination between the Maine Examiner and the Maine Republican Party, or that the Party intentionally reported and expenditure to oppose a candidate as a “operating expenditure,” the Commission should consider whether it is appropriate to assess a penalty under 21-A M.R.S. §§ 1004-A & 1004-C and whether the matter should be referred to the Attorney General under 21-A M.R.S. § 1004.
CONCLUSION
The Maine Democratic Party submits this request hoping that its concerns are ultimately proven unfounded after a thorough investigation by the Committee. We sincerely hope to learn that the Maine Examiner is locally based and its stories are all being written by “a small group of Mainers . . . .” (Attachment A.) However, we are deeply concerned with the dangerous precedent this type of anonymous communication could set in Maine. In order to make judgments about the veracity and value of stories covering Maine candidates, Mainers must understand who is behind the communication. In the absence of required disclosures, Mainers do not know whether organizations are run and funded by their neighbors, a political organization or campaign, or a foreign government. An investigation is proper based on the facts and law discussed herein.
Sincerely,
Katherine R. Knox Isabel I. Mullin
ATTACHMENT A
Visit website at: http://maineexaminer.com/about/
screenshot taken January 19, 2018
ATTACHMENT B
ATTACHMENT C
ATTACHMENT D visit website at: https://www.whois.com/whois/maineexaminer.com
screenshot taken January 22, 2018
ATTACHMENT E visit website at: https://www.domainsbyproxy.com/
screenshot taken January 22, 2018
ATTACHMENT F visit website at: https://www.facebook.com/MaineExaminer/
screenshot taken January 22, 2018
ATTACHMENT G visit website at: https://twitter.com/maineexaminer?lang=en
screenshot taken January 22, 2018
ATTACHMENT H visit website at: https://www.facebook.com/MaineExaminer/
screenshot taken January 19, 2018
ATTACHMENT I visit website at: https://www.facebook.com/MaineExaminer/
screenshot taken January 19, 2018
ATTACHMENT J visit website at: https://www.facebook.com/MaineExaminer/
screenshot taken January 19, 2018
ATTACHMENT K visit website at: https://www.facebook.com/MaineExaminer/
screenshot taken January 19, 2018
ATTACHMENT L visit website at: https://www.facebook.com/MaineExaminer/ screenshot taken January 19, 2018
ATTACHMENT M visit website at: https://www.facebook.com/MaineExaminer/
screenshot taken January 19, 2018
ATTACHMENT N visit website at: https://www.facebook.com/MaineExaminer/ screenshot taken January 19, 2018
ATTACHMENT O
Visit website at: https://www.facebook.com/groups/MaineRepublicanParty/
Screenshot taken January 19, 2018
ATTACHMENT P
Visit website at: https://www.facebook.com/groups/MaineRepublicanParty/
Screenshot taken January 19, 2018
ATTACHMENT Q
Visit website at: https://www.facebook.com/groups/MaineRepublicanParty/
Screenshot taken January 19, 2018
ATTACHMENT R
1/22/2018 Leaked Email: Ben Chin Says Lewiston Voters “Bunch of Racists”
BUZZ » FEATURES » LOCAL NEWS » NEWS » OPINION POLITICS »
Leaked Email: Ben Chin Says Lewiston Voters “Bunch of Racists”
by Administrator 12/3/2017 | 9:40 0 Posted in Central Maine, Maine News
LEWISTON – A leaked internal email from the Ben Chin for Mayor campaign shows the candidate himself emailing his inner campaign team to express his feelings that voters in Lewiston’s Ward 6 are racists.
The email, provided to Maine Examiner by a Chin campaign insider concerned about the direction of the campaign, is directly from Chin after a Search the site canvassing session in Ward 6 in June.
Send Your Tips
In the email Chin writes to his Have a tip for a great or important inner campaign circle about his story for Maine Examiner? Email experience canvassing Ward 6, [email protected] including statistics on how many voters he visited and interactions with several voters, but he ends Find us on Facebook his message with “Bunch of racists too…” Ben Chin speaks during
This leak to Maine Examiner Lewiston Mayor debate. follows on the disclosure of the Chin campaign’s volunteer list containing a known and previously convicted pedophile by The Daily Caller last week.
http://maineexaminer.com/leaked-email-ben-chin-says-lewiston-voters-bunch-of-racists/ 1/6 1/22/2018 Leaked Email: Ben Chin Says Lewiston Voters “Bunch of Racists”
You can read the leaked email Chin sent to his campaign team in the Maine Examiner screenshot at the end of this article. 374 likes
Maine Examiner has examined the original electronic message file, which we required to verify the authenticity of the email before publishing this Like Page story.
1 friend likes this Chin is the political director of the Maine People’s Alliance, a liberal political group, and works as a lobbyist in Augusta. Chin’s opponent is Shane Bouchard, a Lewiston small-business owner. The election for Mayor of Lewiston is on December 12.
Anyone with tips or information on news stories is invited to send them to [email protected] – all tips will remain confidential.
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Add a comment...
Stephen Rand · Security Supervisor at Maine Medical Center Big deal....reading too much into the email!
Like · Reply · 8 · 7w
Steven Small · MCHP Class of 2017 News Page Calling the people he wants to represent a bunch of racist is a big deal buddy, u can't see that and I feel for ya
Like · Reply · 10 · 7w
Beth Matthews The comments on this thread prove him right too. People in this city think being racist is an opinion....
Like · Reply · 8 · 7w
Les Gibson Yeah, big deal.....
Chin labels citizens of Lewiston who disagree with him as a bunch of racists, the left says no big deal...
Chin has a convicted pedophile on his campaign staff and allows this child molester to mingle with small children at his events, the left says who cares...
Chin marches with facist Antifa thugs and labels police officers as racist pigs, the left says nothiing to see here...
Chin invades and shuts down businesses with hoodlum 'Occupy' types, the left says that's awesome...... See More
Like · Reply · 9 · 7w
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Mederick Cote Lewiston is watching their city be over run by migrants and http://maineexaminer.com/leaked-email-ben-chin-says-lewiston-voters-bunch-of-racists/ 3/6 1/22/2018 Leaked Email: Ben Chin Says Lewiston Voters “Bunch of Racists” apparently this guy thinks you need to stand by and shut up about it.
Like · Reply · 5 · 7w
June Libby Chartier Chin encourages it. Wants to throw open the gates to welcome more non-producing immigrants who drain resources - starting with patiece. Wants their housing upgraded when they are the ones sitting by and not helping to even maintain. He propsoses illegally taking money from the eucation budget and giving it to seniors, which is discrimmatory but sounds good to gather votes.
Like · Reply · 2 · 6w
Levi Plourde · Lewiston, Maine Being overrun by immagrants, A VAST MAJORITY of the families in the lewiston auburn area, are descended from french canadian immigrants from a generation or two ago. But i guess that's okay because they were white? You're literally PROVING HIS POINT. Lewiston doesn't have time for racists or islamophobes.
Like · Reply · 1 · 6w
Mederick Cote Levi Plourde the big difference is the French cake to work and we’re pretty much on the same level of thinking with the average American. The Somalis are from a backward culture and don’t align with our values much at all. Islam is a cancer. Wake up.
Like · Reply · 2 · 6w
Kristoffer Lint · Network Support Technician at WAUSAU Financial Systems considering a lot of the comments i'm reading on this article... i's say he was probably pretty accurate with that statement, tbh. seriously, read these people's comments on this article... a bunch of mean spirited xenophobes, and racists afaid of anything different than their own points of view... i'm ashamed to be living in Lewiston because i see it every day, the city is over run by somolian refugee's and equally over run by people who blindly hate all somolians for it.
Like · Reply · 5 · 6w
Chad Keene · Lewiston, Maine No chin not good for Lewiston or any place , horrible man .
Like · Reply · 7 · 7w http://maineexaminer.com/leaked-email-ben-chin-says-lewiston-voters-bunch-of-racists/ 4/6 1/22/2018 Leaked Email: Ben Chin Says Lewiston Voters “Bunch of Racists” e ep y
Gerald H Veilleux My vote goes to Bouchard .We don't need outsiders to tell us how to run our city .
Like · Reply · 5 · 6w
Cindy Allen He also has a man on his campaing that peeks through windows when no one answers the door fast enough for him. He knocked so hard on my door his knuckles should have been bleeding! That is what happened to me a week before the election!!!! Maybe that was the pedophile.
Like · Reply · 1 · 6w
Elmer Berry I believe, He is part responcible so many being here. Like · Reply · 7w
Nancy Colwell · Risk Manager at Maine Shellfish Ellsworth Hmmm notes a lot of racist but points out two Africian American families. I'm sorry. Who is the racist??
Like · Reply · 9 · 7w
Matt Smolinsky Pointing out the ethnicity of someone is not racism. JFC
Like · Reply · 6 · 7w
Nancy Colwell · Risk Manager at Maine Shellfish Ellsworth Matt Smolinsky why point it out at all. Why can't we just be people. As long as we look at each other differently there will be racism.
Like · Reply · 7 · 7w
Jack Mccarthy · Servant at God Nancy Colwell African American is not a race
Like · Reply · 1 · 7w
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