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Ethics Commission Dismisses PAC Complaint Against Maine State Senate Candidate

Courtesy Maine House of Representatives

The Maine Ethics Commission Wednesday dismissed a complaint against Republican state Senate candidate Trey Stewart for using a political action committee to reimburse himself for clothes and tires. 

Stewart had been accused by a Aroostook County man of breaking Maine campaign finance laws designed to prevent legislators from using private donations to political action committees to enrich themselves.

The allegations centered on four expenditures in 2018 and 2019 by Stewart's Star City PAC, twice for new tires and twice for clothes.

Stewart, who is currently the assistant Republican leader in the Maine House, told the commission that all of the expenditures were consistent with the PAC's efforts to recruit Republican House candidates and his 2018 bid for a leadership position.

"As one would expect, running a successful leadership race from Aroostook County requires thousands of miles to be put on one’s car for the purposes of this endeavor," Stewart wrote in his response to the commission. "I chose this manner of expense reimbursement rather than a direct mileage reimbursement as a means to keep overall PAC expenses that were not related directly to campaigns as minimal as possible, thereby ensuring the maximum amount of funds to benefit Republican House candidates, as was the purpose of the leadership PAC."

 The five-member commission agreed and unanimously dismissed the complaint.

Stewart is challenging Democratic state Sen. Mike Carpenter for one of Aroostook County's two state Senate seats.

The complaint was filed by Fort Fairfield resident Rommy Haines, who told the commission, "You can't raise money under the guise of elections, and then turn around and buy yourself fancy tires and new clothes."

 However, the personal enrichment statute allows legislators to spend money “for travel expenses associated with volunteering for the committee.” It makes no mention of vehicle maintenance or tire replacement as a potential violation.

In its memo to the commission, Ethics staff advised against interpreting the statute too broadly. "The Commission staff appreciates that some members of the public are sensitive to the appearance that anyone is receiving political contributions by virtue of their public office and then using those funds for personal expenses," the staff memo said. "If the Maine Legislature wishes to adopt clarifications, limits or prohibitions on types of PAC expenses to Legislators, the Commission staff is ready to contribute in any way that it can through research, legislative drafting, etc."

The section of law was added in 2017 after former Democratic state Sen. John Tuttle was discovered in 2014 to have used his PAC to buy tires, pay for car repairs, reimburse himself for travel and pay family members for duties associated with the PAC.

Such expenses were not illegal at the time because PAC expenditures were largely unregulated. The Legislature has since tightened those rules, although the prohibitions listed in the updated law are somewhat vague.

Ethics staff noted in its memo that some states limit expenditures of political funds by a candidate or PAC for clothing, vehicle expenses, food and payments to family or household members. The Ethics Commission could submit a bill to tighten Maine's restrictions on such expenditures, but it was unclear from Wednesday's decision if it plans to do so.  

Stewart relinquished control of the Star City PAC earlier this year. It is designated as a leadership PAC, which are typically used by legislators aspiring to leadership positions in the Legislature.

Such PACs often make direct donations to candidates running for the Legislature, as well as donations to other PACs, as a way of boosting the legislator’s standing among fellow lawmakers.

Journalist Steve Mistler is Maine Public’s chief politics and government correspondent. He is based at the State House.