PORTLAND – The Maine Heritage Policy Center, the author of the Taxpayer Bill of Rights, has been accused of flouting state law – and perhaps federal law as well – with its activities during this year’s election.

Democracy Maine, a nonprofit public advocacy organization that opposed TABOR, made public new documents Monday that it says prove that MHPC misled the state’s ethics commission and show that it should be required to file financial disclosures about its political activities.

In a presentation to reporters, Jonathan Crasnick, Democracy Maine’s executive director, and Dennis Bailey, a consultant for the group and one of its founders, revealed a photocopy of a check sent to the Maine Heritage Policy Center from David A. Briney of Denver, Colo., on Nov. 1. Reporters also received copies of a handwritten letter that accompanied the contribution and a “thank you” letter sent to Briney from the center.

The information appears to contradict October testimony, both in writing and delivered in person, before the Maine Commission on Governmental Ethics and Election Practices.

Only one David Briney could be found in telephone and Internet listings for Denver. Messages left at the number Monday were not returned.

In October, former Mainer and current Texan Carl Lindemann sought an investigation into the policy center’s role in supporting TABOR, which appeared as Question 1 on November’s ballot and was ultimately defeated by voters.

In response to Lindemann’s request, the ethics commission asked the center for information and received a written response on Oct. 26 from its lawyer, Dan Billings. Billings defended the Maine Heritage Policy Center’s role in support of TABOR and argued that it was not required to disclose its financial activities.

“While MHPC’s activities may influence the referendum on the Maine Taxpayer Bill of Rights, MHPC’s (sic) has not solicited or accepted contributions or made expenditures for the purpose of initiating, promoting, defeating, or influencing in any way the outcome of the referendum.”

Along with Bill Becker, the center’s president and executive director, Billings gave similar testimony during an ethics commission meeting on Oct. 31. The commission ultimately decided that the center should not have to submit a financial disclosure before the Nov. 7 election and that it would consider the issue further at its Dec. 12 meeting.

The center is incorporated as a 501(c)3 nonprofit, public policy think tank. Contributions to the center are tax deductible, but there are limits to the political activity it is allowed to conduct.

“During the campaign, we felt certain that the Maine Heritage Policy Center was not complying with the law – not only Maine law but federal law with their tax exempt status,” Bailey said.

“They were operating, essentially, as the press arm of the campaign,” Bailey said.

The documents presented Monday include a copy of a check from Briney made out to the Maine Heritage Policy Center for $125 on Nov. 1, the day after the commission’s meeting. In the memo field, it says: “For TABOR support.” In the handwritten note that accompanied the check, Briney wrote to Becker: “I found out about your work for passing the Taxpayer Bill of Rights in Maine and want to give my support to it.”

Becker confirmed that the contribution was received and accepted, and that he had sent the response, which was also released Monday. In his letter to Briney dated Nov. 6, the day before the election, Becker wrote: “We are very grateful for this donation, and will use it to advance our mission of promoting The Taxpayer Bill of Rights, a solution that will benefit all people of Maine.”

“The Maine Heritage Policy Center has deceived Maine voters, and they have deceived the Maine ethics commission,” Bailey said.

Not so, Becker said on Monday. “I don’t think it contradicts testimony before the ethics commission at all.”

“People support us for a variety of reasons,” including the center’s support for TABOR, its opposition to Dirigo Health and for other market-based government reforms, Becker said. “We cover a wide range of issues.”

“We’re not involved in direct advocacy,” Becker said, adding that the center never said “vote for” or “support” TABOR, which would trigger the financial disclosures.

Maine law on the topic is broad and open to interpretation, a task the commission will consider on Dec. 12. The law requires groups that aren’t political action committees but nonetheless solicit and receive contributions and make expenditures of more than $1,500 for the “purpose of initiating, promoting, defeating or influencing in any way a ballot question” to file a report with the ethics commission.

The Maine Heritage Policy Center has not filed the disclosure reports with the ethics commission and says that it is not required to. So far, the commission has agreed.

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