Former state Rep. John Michael of Auburn is appealing his denial of up to $1.2 million in public funds to run his campaign for governor, saying the elections commission is discriminating against him because he is a conservative independent candidate.
“Mr. Michael believes that no other candidate had their qualifying contributions subjected to the intense level of scrutiny that his qualifying contributions were subjected to,” wrote Michael’s attorney in an appeal filed on Friday.
Michael’s appeal also challenges all the reasons given by the elections commission for rejecting more than 700 qualifying contributions that put him below the number needed to tap into the Clean Elections fund.
On June 30, the commission told Michael that “at most” he had 1,944 of the needed 2,500, $5-checks from registered voters to make him eligible for public financing. The largest chunk was rejected because Michael was late submitting the checks and forms after they had been verified by town clerks, or could not prove he had handed the forms in within the required time.
The commission also alleged that some money orders apparently were not paid for with individual contributions, as is required, “which suggests a pattern of fraud,” the commission wrote in its decision. In several instances people were told they simply had to sign the money order and the accompanying forms, but did not have to contribute, the commission said.
Michael’s attorney, Stephen Whiting of Portland, denied any fraud on behalf of his client, saying people simply forgot they wrote out a check for the candidate.
“While it is not surprising that now, months later, some contributors do not recall making contributions, or even affirmatively deny making contributions, the fact is they all did make qualifying contributions,” the appeal states, and those contributors signed the forms attesting the contributions were from them.
Michael has requested his appeal be heard by the elections commission in three weeks. If the commission rules against him, he then can appeal to the courts.
There currently are three candidates running for governor, who were deemed eligible for the up to $1.2 million a piece in Clean Elections funds to run their campaigns.
They are Republican Sen. Chandler Woodcock, Pat LaMarche of the Green Party and independent state Rep. Barbara Merrill.
They will face Democratic Gov. John Baldacci, who is running a privately financed campaign. Two other independents, David John Jones of Falmouth and Phillip Morris NaPier of Windham, also will appear on the ballot.
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