The Maine Ethics Commission staff is examining whether three mailings sent out opposing Republican candidate Karen Gerrish in the Nov. 4 election violate Maine election law.

Gerrish was a successful candidate for House District 20, which includes Acton, Lebanon and part of Shapleigh.

According to public documents on file with the Maine Ethics Commission, one mailing was aimed at hunters and alleged Gerrish planned legislation to try and ban Saturday hunting; another was mailed to teachers at two schools alleging Gerrish, who is a teacher, opposed education. The mailings also alleged Gerrish’s legislative approach would be similar to that of her predecessor, Republican Joan Nass. One of the mailings was made from the “Bull Pine Rod & Gun Club” of St. Agatha, which apparently does not exist. Contents of the third mailing was not disclosed.

James Driscoll of Acton has admitted to making the mailings, according to Maine Ethics Commission Executive Director Jonathan Wayne.

In a Dec. 24 letter to Driscoll seeking answers to a number of questions related to the incidents, Wayne thanked Driscoll for his Dec. 15 telephone call, “in which you acknowledged your responsibility for mailings opposing Karen Gerrish.” Wayne went on to say the matter will be on the Jan. 23 ethics commission agenda.

Driscoll, a former Acton selectman, did not reply to messages left at each of his telephone numbers, nor did he respond to an email request for comment.

Gerrish said she doesn’t know Driscoll.

At issue is the election law which spells out that communications expressly opposing a candidate must clearly state the name and address of the person who made or financed it. As well, if the person who did so is not authorized by any candidate in the race, the communication is required to contain a disclaimer saying so. Violators may be required to pay a fine of up to $5,000. The law provides an exemption for printed literature costing less than $100 “by individuals acting independently and without authorization by a candidate, candidate’s authorized campaign committee, party committee, political action committee or ballot question committee.”

In a telephone interview, Wayne said the staff is still investigating the complaint, which was filed by Gerrish Nov. 20.

“We’re still gathering information,” said Wayne. “There may not be a legal violation.”

Gerrish was the winner of a three way race to represent the district on Nov. 4. Her Democrat opponent was Bettie Harris-Howard. Harrison Thorp, who lost to Gerrish for the Republican nomination in the June 10 primary, waged a write-in campaign.

In his letter to Driscoll, Wayne asks how many mailings were sent; the amount of all payments made; whether either of her opponents authorized the mailings, or if any political party authorized him to send them; whether he used lists to make the mailings and if so, what they were; were hunters or teachers specifically identified to receive the mailings; and if anyone else made payments in connection with the mailings.

— Senior Staff Writer Tammy Wells can be contacted at 324-4444 (local call in Sanford) or 282-1535, ext. 327 or twells@journaltribune.com.