AUGUSTA, Maine - Following two recent related losses in court, Mainers for Fair Bear Hunting took their case to the Maine Ethics Commission. The group argues that appearances by Maine game wardens in television ads opposing the Question 1 ban on bear baiting, hounding and trapping should be reported as campaign expenses. But in a 3-1 vote, the commissioners rejected those arguments, for a variety of reasons.
The Maine Wildlife Conservation Council that opposes the Question 1 ban on bear baiting, trapping and hounding has spent most of the last three weeks trying to preserve its use of wardens and biologists in television ads that explain why current hunting practices are necessary. And the effort has been successful.
First, a Superior Court justice rejected a request for injunctive relief from the Yes on 1 Mainers for Fair Bear Hunting group that tried to get the television ads pulled. When that failed, the Yes On 1 political action committee turned to the Maine Supreme Court to try to get that ruling overturned. That effort also failed.
Now, the day before voters will decide the question, the Yes On 1 PAC asked the state's Commission on Governmental Ethics and Election Practices to require the Maine Wildlife Conservation Council to disclose the value of the Inland Fisheries and Wildlife employees as in-kind contributions to the NO on 1 PAC.
Rachel Wertheimer, an attorney for the proponents, says that, while the state workers have a right to their opinions, they're expressing them while being paid by Maine taxpayers.
"It might be your public speech, it might be something you believe deep down, but in fact if you are doing it for the purpose of influencing a campaign and for the benefit of the ballot question committee, then it is services for that ballot question," Wertheimer said.
Dan Riley, an attorney for the No on 1 PAC, argued that Wertheimer's group was just trying to create some headlines the day before the election. While one commissioner voted in favor of Wertheimer's position, the other three commissioners opposed it. One said that commission could not consider a state agency's actions under Maine campaign finance law. Another worried about placing a value on governmental speech.
Commissioner Richard Nass said if Wertheimer's arguments had merit they should more properly be taken up in the next legislative session. "I just don't think that the public policy has dealt with this and somebody else can deal with that and that's the Legislature - that's their job to do this - not mine," said Nass.
Commissioner Chair Walter McKee cast the dissenting vote, saying he felt that state agencies could be investigated by the commission.