AUGUSTA ( AP) — The Maine House on Thursday formally requested advice from the state supreme court on a Democratic lawmaker’s question about whether the Republican state treasurer is involved in illegal private business dealings.
By a 122-0 vote, representatives passed a Republican-sponsored order seeking an opinion from the high court while setting aside a more detailed Democratic-backed order that makes more direct references to the sitting treasurer, Bruce Poliquin of Georgetown.
While the Republican request asks the Maine Supreme Judicial Court to weigh in, it doesn’t obligate the justices to respond. The order needed no Senate vote.
“The court has an opportunity to provide us with a clear directive, and we look forward to it considering this issue and reporting back to the House,” Assistant House Majority Leader Andre Cushing III said before the vote. Democrats said they were pleased any order dealing with the issue was passed.
“I’m pleased that the majority party is now willing to join us to ensure that no one is above the law, especially those who are empowered to uphold it,” said Rep. Mark Dion, D-Portland.
The matter was brought to the House by Dion, who wanted to know whether Poliquin is violating the state constitution’s prohibition against a treasurer engaging “in any business or commerce.” Poliquin owns a private beach club in Phippsburg and has a limited liability company that’s involved in real estate development.
Dion’s proposed order asked whether Poliquin’s business activities compromise his official actions in his role as treasurer, and whether he should stay in office. Dion had posed similar questions to Attorney General William Schneider, who responded that there’s little case law to draw from but advised that a treasurer shouldn’t be engaged in active management of a business or appear before governmental bodies on behalf of entities he owns.
Representatives bypassed Dion’s order in favor of a shorter version introduced by Republican Rep. Phil Curtis of Madison, the House majority leader, which posed the question in more general language. In part, Curtis’ order asks whether the treasurer would be in violation of the constitution if he did not manage or involve himself in the day-to-day activities his business interests.
Poliquin says he is not involved in day-today management of his business interests and that the constitution doesn’t bar him from owning things or having investments.
Poliquin “is very pleased that we are asking these questions,” said Cushing, R-Hampden.
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