Ethics commission probe Frary’s radio ad

AUGUSTA – The state’s ethics commission is looking into a radio ad paid for by republican congressional candidate John Frary of Farmington, which linked democrats, state Rep. John Martin, U.S. Rep. Mike Michaud and Gov. John Baldacci as “the three amigos of the north woods” with a final message of “throw the bums out!”

The radio ad ran in October as part of Frary’s failed campaign effort to unseat incumbent Michaud for Maine’s 2nd congressional seat. Former state Sen. John Martin of Eagle Lake, running unopposed as a candidate for the state House of Representatives in the Nov. 4, 2008 election, notified the Maine’s Commission on Governmental Ethics and Election Practices of Frary’s radio ad.

According to Jonathan Wayne, the executive director of the ethics commission, Martin questioned his ability to respond to Frary’s attack given that he wasn’t receiving state money as a clean election candidate running unopposed.

“Because Mr. Martin did not have an opponent, but he felt his name was being used to influence his campaign, the money he was receiving from the state as a clean election candidate wasn’t enough and he couldn’t respond,” Wayne said.

According to state law, those involved in races need to report any money spent on either side that identifies any of the Maine Clean Election Act candidates 35 days before a general election.

Included in the disclosure of expenditures are those spending money on campaigns independent of a clean election candidate’s campaign, but who happen to identify them in their campaign. Typically, party committees or political action committees may lump and name a group of candidates as part of their campaigns. Those individuals or organizations who do name clean election candidates need to file a written rebuttal that their expenditure “was not with the intent to influence the nomination, election or defeat of a candidate,” according to the state law’s provision. The statement is supposed to be filed within 48 hours of the ad’s run.

In a letter to Frary, Wayne said that although he was a candidate in another U.S. congressional race, the ad mentioning state legislative candidate Martin requires Frary to submit a statement which may include the cost of the ad and his intention in running the ad. That letter included a written copy of the commercial, which appears at the bottom of this article.

Presumably, Wayne said, Frary’s ad was in support of his own campaign and not in opposition to Martin’s unopposed campaign.

On his web site, Frary characterizes Wayne’s request for information as “an ethics charge filed by John Martin.”

Wayne said Martin was merely questioning the ad’s expenditure, but no formal complaint has been filed and no charges have been brought by the ethics board. Wayne said he will bring the matter up for discussion at the ethics commission meeting either on Jan. 29 or at the March meeting. In the meantime, the commission’s lawyer is researching the matter further and will advise the board.

Frary said he decided to run the ad linking Rep. Martin, Gov. Baldacci and U.S. Rep. Michaud because all three are democrats and that Michaud, whom he was running against, and Martin are associates.

“Guilt by association,” Frary said. He called the ethics commission’s request for a letter explaining the radio ad’s intent, “plainly ridiculous.”

Frary maintains “the Clean Election Act’s intent is is to equalize the contest between candidates. With John Martin running unopposed, does he think he’s entitled to more (money) because he was mentioned in a radio ad for another campaign,” he said.

In his statement sent to Wayne his week, Frary admitted he mentioned Martin in the ad and that it was aired and paid for within the 35 days before the election. But, he said of the requirement of explaining in writing that it was not to influence Martin’s campaign, “I don’t see how that is applicable to a contest where a candidate is running unopposed.”

The radio commercial appears below in its entirety:

Three men rule northern Maine and they’ve all been in power for decades, amassing enormous pensions and salaries and piling up special interest money by the millions to fund their insatiable war chests. John Martin, Mike Michaud and John Baldacci are the three amigos of the north Maine woods and while they fiddle, Maine’s economy burns. While they rule, no one’s property is safe. Want change? You’ll have to vote for it. There’s a new sheriff in town and he’s wearing a different hat.

“I’m Professor John Frary and I’m running for Congress. I promise only what I can deliver as a freshman – to donate my salary to charity, to actually say what I think, however unpopular, to do what, in my judgement, is the best for Maine and to serve one term. These are the only promises I will make. My opponents claim I use too many big words and speak satirically, but it is Mike Michaud who is the farce in this picture. Close examination of his voting record shows Mike Michaud is the most useless member of the most useless and dangerous Congress in history. You have absolutely nothing to lose by voting for change in Maine. Look for me, John Frary, on the ballot and throw the bums out! Thank you. Paid for by the Committee to Elect Frary.