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STATE HOUSE

June 21

Anti-gay marriage group seeks end to fundraising probe

By Susan M. Cover scover@mainetoday.com
MaineToday Media State House Writer

AUGUSTA -- The National Organization for Marriage will ask the state ethics commission Thursday to dismiss an investigation into the fundraising techniques it used prior to last year's gay-marriage vote.

click image to enlarge

Graphic by Sharon Wood

Graphic by Sharon Wood

The group believes the commission does not have the authority to conduct the investigation, said Barry Bostrom, an attorney with the Indiana law firm Bopp, Coleson & Bostrom.

In October, the commission directed its staff to investigate whether the National Organization for Marriage should have registered with the state as a ballot question committee. State law says groups that raise or spend more than $5,000 trying to influence the outcome of any Maine election must register with the state and disclose their donors.

The National Organization for Marriage donated more than $1.9 million to Stand for Marriage Maine, a political action committee that helped repeal a Maine law that allowed gay and lesbian couples to marry.

Bostrom said NOM did not raise more than $5,000 specifically for the Maine campaign but instead took money from its general operating budget to help the Maine repeal effort.

Further, he said, the group does not want to reveal the names of donors because they fear harassment.

"We believe we have a constitutional privilege against providing the names of donors," he said.

In particular, he said there were instances of harassment in California after the release of names of donors following a gay-marriage vote there.

NOM has sued the state in federal and state court. On June 10, Kennebec County Superior Court Justice Donald Marden granted a stay to NOM that prevents the ethics commission from continuing with the investigation until another court hearing can be held, said Kate Simmons, spokeswoman for the Maine Office of the Attorney General.

Because of numerous court actions, the state hasn't been able to complete the discovery phase of the investigation, she said.

"This is just to set the rules to play the football game," Simmons said.

The state wants the names of donors so it can determine how the money was raised for the election, she said. That's the only way to find out if the National Organization for Marriage followed Maine law, she said.

Jonathan Wayne, executive director of the Maine Commission on Governmental Ethics and Election Practices, recommended in writing that the commission reject NOM's request for dismissal.

He believes that Maine law "clearly authorizes an investigation into whether the raising or spending of funds on a ballot question campaign by a particular entity such as NOM means it must register and file as a (ballot question committee.)"

In the federal court case, the state is defending the constitutionality of the Maine's campaign finance laws. Although a federal judge ruled that the group had to turn over the names of donors as part of the discovery process, that decision is being appealed to the U.S. Supreme Court, Simmons said.

The state law is consistent with the Constitution, she said.

"We believe Maine voters need to have information about who raised money to influence a Maine election and where it came from," she said.

Susan Cover -- 620-7015

scover@centralmaine.com

Follow Susan Cover's political coverage in her On Maine Politics blog at kjonline.com.

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32 COMMENTS

mainejeff said...

If this group doesn't have to reveal the names of donors than no one else should have to either and the state law should be declared null and void. I'm sure that the State of Maine will cave to these out-of-state interests like they always do. Mainers don't run Maine.....never have, never will!

June 21, 2010 at 12:08 AM Report abuse

FlexSF said...

These religious sickos think they're above the law. They believe they can repeal marriage rights, but aren't required to show who funds their campaign? These pious human scumbags, NOM, are a money laundering organization for the Catholic corporation, Evangelical Mega Franchise, and Mormon inc. The great state of Maine should expose them. They're religious zealot cowards!

June 21, 2010 at 12:26 AM Report abuse

InMyOpinion said...

It's a shame that this group is spending money on this issue to start with, when there is so much need in the world. Wasting contributors' money fighting the law is even more despicable. I donated to Equality Maine, and I'm proud to have my name publicly associated with my side of the cause...when I make a choice like that for any reason, I have to risk whatever consequences that may bring. It's the law!

June 21, 2010 at 12:36 AM Report abuse

Jazz11 said...

Why is this group so afraid of clean election laws? Could they be unclean?

June 21, 2010 at 4:17 AM Report abuse

OldTimer said...

Speaking of anti-gay-marriage religious zealots, what about all the money collected from donors who shall forever remain anonymous by the Catholic churches of Maine?!

June 21, 2010 at 6:22 AM Report abuse

dG90YWxzbGFt said...

So suzy does "State law says groups that raise or spend more than $5,000" or does it STATE: raise AND spend more than $5,000? Funny how one word change can sway the weak minded reader. Post the law next time suzy.

June 21, 2010 at 6:36 AM Report abuse

HesterPrynne said...

"dG90YWxzbGFt said... So suzy does "State law says groups that raise or spend more than $5,000" or does it STATE: raise AND spend more than $5,000? Funny how one word change can sway the weak minded reader. Post the law next time suzy." ___________yes in some cases that small word can make a difference. But in this case it doesn't. They raised far, far in excess of $5000 and spent far, far more than $5000. So did the Catholic Church...but they at least filed the proper papers disclosing such. When you go to any state, you are required to follow the rules of that state. Hopefully the US Supreme Court will refuse to take the case and the Federal ruling will stand.

June 21, 2010 at 6:45 AM Report abuse

Sam said...

Here's the law on this (it is exactly as stated in the story): Any organization that does not have as its major purpose promoting, defeating or influencing candidate elections but that receives contributions or makes expenditures aggregating more than $5,000 in a calendar year for the purpose of promoting, defeating or influencing in any way the nomination or election of any candidate to political office. 21-A M.R.S.A. Section 1052(5)(A)

June 21, 2010 at 6:50 AM Report abuse

Sam said...

If you support one out of state lobbying groups right to spend any amount they want and violate Maine election laws then you must support the same thing for ALL lobbying groups. If you are OK with this then you are also saying it is perfectly OK for any left leaning billionaire to be able to spend 100's of millions to influence Maine voters, on something like say eliminating gun owners rights, without following our laws or letting us know who he is.

June 21, 2010 at 6:54 AM Report abuse

DaveD said...

i took great pride in voting against gay marriage. and, having lived in portland at the time it was rewarding to see the reactions of those who were defeated. apparently some of them are still very upset several months later. it's a gift that keeps on giving.

June 21, 2010 at 7:46 AM Report abuse

Sam said...

Why do wingers think that out of state lobbyists should not be required to follow Maine law? Anyone?

June 21, 2010 at 8:23 AM Report abuse

null said...

Sam-you posted the law-try reading it. The statute concerns candidate elections, not referenda.

June 21, 2010 at 8:44 AM Report abuse

hallowellboy said...

Once again out of state lawyers representing bigots are trying to dictate how Mainers should live.

June 21, 2010 at 9:00 AM Report abuse

Sam said...

hallowellboy - You are correct. I quoted the wrong section of the law. However, it is still true that the rule applies to any organization raising OR spending over $5,000 whether it is concerning a ballot question or a candidate. http://www.maine.gov/ethics/pdf/laws/campaign_finance_law_subch4.pdf

June 21, 2010 at 9:05 AM Report abuse

Sam said...

oops - last answer should have been directed at "null". Still haven't gotten an answer whether the right wing supports EVERYONE who breaks Maine laws, or just a chosen few. Anyone?

June 21, 2010 at 9:06 AM Report abuse

MikeNYC said...

NOM needs to hide its supporters from the eyes of upstanding citizens because of its negative agenda. Growing up in the deep south, I knew of another similar group who needed to hide except they used white hoods in the 1950s. Both groups based their agenda's on the same thing: hate.

June 21, 2010 at 9:23 AM Report abuse

Jack%27sDaddy said...

So, all of those poor, stupid, ignorant Maine voters, swayed by money. Hmmm, I don't believe the money made a bit of difference. People voted the way they felt about the issue. No amount of money or advertising would change my vote!!

June 21, 2010 at 10:18 AM Report abuse

oldgrump said...

JacksDaddy, regardless of whether the contributions had any real effect on the vote, if you're going to play the game, you must play by the rules. NOM chose to play but wanted to write their own rules. They knew the rules when they went in but felt they had the money, power and/or "moral rights" to ignore/break the rules.

June 21, 2010 at 11:23 AM Report abuse

99dotter said...

I thought the campaign was called "Stand for Marriage"- why are they unwilling to "Stand" and state who they are?

June 21, 2010 at 11:38 AM Report abuse

ThomasPaine said...

I think some people have been watching "Inherit the Wind" just a few times too many without understanding the chilling effects on free speech imposed by laws, rules and regulations enacted by the members of various liars, killers and thieves clubs.

June 21, 2010 at 12:08 PM Report abuse

Sam said...

The Anti marriage equality folks signed on to support a cause but now they whine about the well known rules AFTER the fact. They have no sense of personal responsibility or even the simple sense civic duty to obey established law.

June 21, 2010 at 12:15 PM Report abuse

ThomasPaine said...

Looks like some people wish to re-establish slavery and impose other forms of involuntary servitude too.

June 21, 2010 at 12:25 PM Report abuse

jimpmwo said...

what part of spend do they not understand? another group of religous bigots who think they are above the law. it is great for people of faith to have political opinions, but faith based orginazations should not. if they wish to they should give up their tax exempt status.

June 21, 2010 at 12:46 PM Report abuse

Sam said...

So ThomasPaine, maybe you could enlighten me. Do you support ALL groups & individuals who believe they should be able to violate Maine Laws without any consequence, or do you just want special rights for a tiny minority of groups who operate in Maine? For example would it be OK by you if George Soros and ACORN poured several million $$ into a campaign to change our gun laws in Maine to make them more restrictive but refused to disclose who contributed to this lobbying effort as required by Maine law? If not - why not? It would be the exact equivalent of this case.

June 21, 2010 at 2:48 PM Report abuse

oldgrump said...

These people are dirty, filthy, disgusting cowards. You people are slaves to the power of death. Iron Maiden said that way back in 1982! At least heavy metal told the real story, oh wait, you guys said that was evil as well.... Let's opress our lives and those around us as well so we can all go to heaven.... Dillusional, your best bet at Heaven would be an LSD trip. Religion is SOOOOOO outdated. Only the daft could believe such ridiculous nonsense.

June 21, 2010 at 4:58 PM Report abuse

oldgrump said...

Happy Solstice you christian dummies.

June 21, 2010 at 5:00 PM Report abuse

oldgrump said...

Though I don't necessarily disagree with the last two posts in my name, they were not posted by me but someone who was using my computer and failed to realized they were logged in uder my name.

June 21, 2010 at 5:07 PM Report abuse

LePageVaVOOM said...

What?! A pro-right wingnut organization that doesn't believe in transparency? I'm shocked! I mean, just look at the transparency of the Bush administration! Right wingnuts believe in full disclosure as long as they have something to gain and nothing to hide.

June 21, 2010 at 5:59 PM Report abuse

anticon said...

So just to be clear...Government needs to be accountable to everyone for everything, but if you have enough funding to make your very own non profit, you can buy whatever government you want and call it harassment if anyone asks questions.-----Also: Who was it that said they didn't believe mainers would have their opinions swayed by money? I have 0 doubt that a great many voters would be swayed by a sudden noise or a flash of something shiny. Involve a 1/2 decent ad campaign, the game's over.

June 21, 2010 at 7:45 PM Report abuse

ThomasPaine said...

I could care less how much George Soros or ACORN pour into a campaign to change your gun laws in Maine. If you're willing to passively abide by unjust laws that leave you living in the essence of slavery or laws that violate your rights, you'll always get the government you deserve, no matter who buys the vote for them.

June 21, 2010 at 8:41 PM Report abuse

Zipty-DooDah said...

The gay'ers are such hypocrites. Countless $$$ have poured in to the state under various guises in order promote their "gay marriage." Remember, folks, it is the "gay" movement that supports perverse groups like NAMBLA (National Association for Man-Boy Love Alliance.) The name speaks for itself. The gay movement desires to undermine the foundations of our society with the ultimate goal of forcing us to accept their lifestyle. Double-standards abound....

June 22, 2010 at 11:45 AM Report abuse

LePageVaVOOM said...

ZippyWingnut, So when an outside group pours money into a referendum to make bean suppers illegal, you'll not scream and ask for "something to be done"? You wingnuts are so worthless, so situational, it's one of many reasons why you don't deserve any form of respect. No one who lives their life under a haze of willful ignorance deserves respect, namely, the knuckle dragging anti-rational Republicans in this state.

June 22, 2010 at 4:34 PM Report abuse

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