LEBANON — The man who admitted to Maine Ethics Commission staff he was responsible for mailings opposing the candidacy of House District 20 Republican candidate Karen Gerrish in the November election said his spending is below the limit that triggers a law requiring disclaimers.

The Maine Ethics Commission will take up the matter Thursday at their regular meeting in Augusta and could call for a further investigation.

In responses to questions by Maine Ethics Commission Executive Director Jonathan Wayne, Acton resident Jim Driscoll first denied making the mailings, then admitted doing so a few days later.

In documents on file at the ethics commission, Driscoll apologized to his family and to Gerrish.

“It was a terrible decision that I made when sending the mailings out and a horrible decision that I can never take back,” he wrote. He said he’s since found out that Gerrish is a strong supporter of education and had let his frustration with state funding and local budgeting get the better of him.

There were reportedly three mailings, although only two have surfaced – one alleging Gerrish would attempt to ban Saturday hunting, another, mailed primarily to teachers, which questioned Gerrish’s commitment to education. Gerrish is a teacher.

At issue is 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. As well, the law states that 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.”

Driscoll said he spent $81.72 on the mailings. Bank statements he supplied to the commission show four payments to the U.S. Postal Service, according to the ethics commission documents.

The mailings also alleged Gerrish’s stance on education issues would be similar to that of her predecessor, Republican Joan Nass, whose legislative approach Driscoll disliked. One of the mailings was made from the “Bull Pine Rod & Gun Club” of St. Agatha, Maine, which apparently does not exist.

Driscoll told the ethics commission staff no political parties or candidates were involved and that he had no idea there were laws requiring disclaimers on political mailings. He said he created the hunting postcards at home, sending out 100 to Acton residents and 92 to Lebanon residents. He told Wayne he took the name of the nonexistent rod and gun club from a flyer he found on his windshield.

According to the documents, Driscoll said he sent 20 letters to a school in Lebanon and to teachers in Acton about what he considered was Gerrish’s stance on education funding.

The ethics commission staff interviewed the Lebanon postmaster, who had initially said Driscoll had told him that he had mailed 500 postcards from neighboring Acton, but the postmaster later told Wayne that was what he thought he heard, but wasn’t completely sure.

Based on the investigation, Wayne offered the Ethics Commission two options if they felt more investigation was warranted. Those options include requiring Driscoll to appear before the commission to provide sworn testimony, or subpoena a wider category of records.

Wayne pointed out that Driscoll had originally denied involvement in the mailings, and said his explanation for the name of the gun club coming from a flyer on his windshield seemed far-fetched.

On Nov. 4., Gerrish was the winner of a three-way race to represent House District 20, which includes Acton, Lebanon and part of Shapleigh. 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. Both Harris-Howard and Thorp have denied knowledge of the mailings.

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