LEBONON — The Maine Commission on Governmental Ethics and Election Practices on Friday voted against pursuing a further investigation into political mailings made by an Acton man who opposed the candidacy of a House District 20 candidate in the November election.

Lebanon resident Karen Gerrish, a Republican, won a three-way contest to represent Lebanon, Acton and part of Shapleigh.

The mailings, made by Acton resident James Driscoll, called into question Gerrish’s commitment to education, and also alleged she would attempt to ban hunting on Saturdays ”“ the latter mailing carried a return address of a nonexistent rod and gun club. Gerrish is a teacher, and she said in a prior interview, her family hunts.

Gerrish filed a complaint with the ethics panel following the election. The ethics commission staff conducted an investigation, which led them to Driscoll, who first denied, and then admitted, he had made the mailings. In commission documents, he said the mailings came to $81.72.

A contrite Driscoll told the ethics panel Friday morning in Augusta that he felt awful about what he had done.

“What I did was terribly wrong. I’ve been in agony six weeks over this,” he said in an audio transmission of the commission meeting posted on its website Friday afternoon. “The whole thing is just awful and I take responsibility for it. I’d like to talk to her and apologize in person.”

At issue was the election law which says communications expressly opposing a candidate must clearly state the name and address of the person who made or financed it, with violators subject 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 documents on file with the ethics commission, Driscoll said after he made the mailings he found out that Gerrish is a strong supporter of education and said he had let his frustration with state funding and local budgeting get the better of him.

Attorney William Logan, who represented Gerrish at the hearing, alluded to Driscoll first denying he was responsible for the mailings and then admitting he had mailed then. Logan asked for further investigation into the mailings and sworn testimony from Driscoll.

The four ethics commission members who took part in the voting decided unanimously not to pursue a further investigation, and as well, voted there was inadequate evidence to make a finding that a violation of law had taken place, based on the factual record that had been gathered. Ethics commission member Richard Nass, a former legislator who lives in Acton and knows both Gerrish and Driscoll, recused himself and did not vote.

Driscoll did not respond to a telephone message seeking comment.

Gerrish said she appreciates the fair manner in which Jonathan Wayne, the ethics commission executive director, conducted the investigation.

“The (commission) findings do not change the fact that Mr. Driscoll lied to not only the people of District 20, but the ethics commission repeatedly as well, with his ever-changing accounts of his story,” she said in a prepared statement. “I do understand that there is no way to prove Mr. Driscoll’s total expenditures, yet Mr. Driscoll and I both know the truth. As the public servant he is, I find his behavior reprehensible.”

— Senior Staff Writer Tammy Wells can be contacted at 324-4444 (local call in Sanford) or 282-1535, ext. 327 or [email protected].