AUGUSTA — Gubernatorial candidate Eliot Cutler is threatening to sue to find out who’s behind a website that’s highly critical of the indenpendent’s political, business and personal background and labels him “a phony and a fraud.”

Cutler’s campaign also has asked the Maine Commission on Governmental Ethics and Election Practices to investigate the website, which Cutler contends contains malicious, defamatory and false statements. The commission plans to take up the matter of whether any campaign laws were broken within the next two weeks.

Cutler leads the two other independents in the five-way race for governor. But a survey last week shows him lagging behind Republican candidate Paul LePage and Democrat Libby Mitchell, who appeared to be in a neck-and-neck race, making votes for Cutler potentially pivotal in the outcome.

A letter dated Friday from lawyer Peter DeTroy, representing the Cutler campaign, says legal action is imminent unless a domain registration company discloses the names of those who authorized the site, www.cutlerfiles.com.

Arizona-based Domains by Proxy does not reveal the names of people who register domain names unless ordered to do so by the courts. Its attorney, Daniel Billings, said he also could not reveal the names of those behind the website. Asked if it was another candidate or campaign, Billings said, “It is not.”

The site also says it is not paid for by any candidate, does not advocate for or against the election of any particular candidate, and is not affiliated with any political party. It identifies contributors as “researchers, writers and journalists” who are dissatisfied with the way the mainstream media is covering the campaign.

Billings said the site is really a blog and “a form of citizen journalism” and is not required to reveal its sponsors. Doing so would chill First Amendment rights, said Billings.

DeTroy said that the site, as “express advocacy” under the law, must disclose who authorized its content.

The website, which includes several pages, takes direct aim at Cutler. “He’s a phony and a fraud. He’s rewriting and revising his history and profile to fit a carefully created campaign persona, fudging the facts and ignoring the truth,” it says.

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