PORTLAND – Independent gubernatorial candidate John Michael of Auburn has appealed a decision by the ethics commission to deny him as much as $1.2 million in public financing for his campaign.
Michael filed his appeal late in the afternoon on Friday, which was the deadline.
Candidates seeking public financing must qualify as Maine Clean Election candidates by collecting at least 2,500 $5 qualifying contributions and submitting them to the Maine Commission on Governmental Ethics and Election Practices by June 2.
According to the ethics commission staff, Michael’s qualifying contributions were deficient in a number of ways. In a letter sent to Michael two weeks ago, the commission said his campaign had missed several deadlines for submitting materials. He also had submitted more than 180 contributions from people who aren’t registered voters, which is required. Other material, according to the commission, was incomplete or missing.
During the ethics commission review of Michael’s contributions, the staff uncovered evidence that it said suggested a pattern of fraud. More than 18 people listed by the Michael campaign as contributors denied making contributions, the investigation found.
Michael strongly denied the fraud allegations and attacked the integrity of the ethics commission.
An independent investigation by the Sun Journal, in which contributors were contacted directly by the newspaper, confirmed the findings of the ethics commission investigation.
In his appeal, Michael’s attorney, Stephen Whiting of Portland, refuted point-by-point the findings of the commission’s staff, calling many of the deficiencies “nit picky technicalities.”
The appeal also accuses the commission of discrimination and violating Michael’s equal protection rights under the Maine and U.S. constitutions.
The appeal also asked that Michael’s campaign be given three weeks to examine evidence collected by the commission before a hearing is held before the appointed members of the ethics commission.
By statute, an appeal hearing is to be scheduled within three days of the filing, but the ethics commission had indicated that it would provide Michael with more time to prepare although no specific timeline was discussed.
If Michael’s appeal is denied, he can take his case to Superior Court.
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