The state agency that oversees campaign finance activity will consider a fine or criminal prosecution because a state lawmaker has repeatedly failed to file public disclosure reports for his political action committee.

Building the Maine House, a leadership PAC formed by Rep. Richard Campbell, R-Orrington, has a “unique history of showing insufficient attention to filing campaign finance reports on time,” Martha Currier, assistant director of the Maine Commission on Governmental Ethics & Election Practices, said in a memo to the commission.

Since 2019, the PAC has filed nine reports late, including one that was due May 31 but was not filed until July 16, the memo said. Commission staff have been looking at assessing a fine of $750 to $1,000 for failing to file the most recent pre-primary report on time and are consulting with legal counsel on what would be appropriate.

Though the PAC has largely been “dormant” the last four years, meaning it hasn’t had any contributions or expenditures to report, it is still required to submit regular filings.

Although Campbell eventually submitted the most recent report, Currier said commission staff want to impress upon all candidates and political action committees the importance of filing timely reports. The commission is scheduled to discuss a possible penalty for the PAC on Wednesday.

“The Commission’s managers support an enforcement outcome that is proportionate to the violation but that would also effectuate a course correction by this PAC,” Currier wrote in her memo. “In the opinion of the Commission’s executive director, no matter how good Rep. Campbell’s intentions are, he simply cannot be counted on to file campaign finance reports on time.”

Under Maine law, the PAC could be charged a civil penalty of up to $10,000 or Campbell, its principal officer, could be charged with a Class E crime for failing to file within 30 days of the required deadline. Such penalties would be rare – Currier said in her memo that commission staff cannot recall the statute allowing for such penalties being invoked in the last 20 years.

Several of Building the Maine House’s past late filings did not result in penalties because they were filed within 30 days of the deadlines and were for periods of no activity.

Under the law, filings that are less than 30 days late can be assessed penalties based on a percentage of contributions or expenditures for the period, which means PACs that report no activity cannot be assessed a penalty.

Campbell has a long history of legislative service and is in his ninth non-consecutive term in office. He said he did not remember why he filed the recent pre-primary report late, but that in the past he has had computer problems that have led to late filings, which is why he said he has also had to call staff and ask them for help.

“The ethics commission knows what (the problem) is,” he said in a recent phone interview. “We get on the site and get all the way to ‘send’ and it doesn’t go anywhere.”

Asked if he thinks it is important to file the reports, Campbell said, “Of course.”

Currier noted in her memo that between 2020 and 2022 Campbell would often call staff and ask them to file his reports, but she said she instructed staff to have him file his own reports, as every other filer is required to do.

“Rep. Campbell does not qualify for an exemption for electronic filing of his campaign finance reports – he does not lack the technology (he has multiple email addresses, social media, a computer, smart phone, files his candidate reports, etc.),” she wrote. “Staff have repeatedly walked him through the process to file his reports, which he has now successfully done since early 2023.”

COMPUTER PROBLEMS?

In an interview, Currier said that Campbell’s statement about having computer problems will be discussed at the commission meeting and she declined to go into more detail.

In the memo, she said that the late filings deprive the public of information they are entitled to under the law. She also said staff have advised Campbell that he could terminate the PAC or donate its money – the PAC has just under $7,000 cash on hand – if he does not want to be responsible for the filings.

PAC’s are required to file regular campaign finance reports unless they terminate their registration, which can only be done when the cash balance is drawn to zero.

Lawmakers have traditionally used leadership PACs to help elect political allies and build up their influence, and there are fewer restrictions on contributions than there are for candidates.

Campbell said he started Building the Maine House with the aim of flipping the House of Representatives to Republican control, and said he wants to keep it running even though it hasn’t been active lately.