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October 21, 2010

State scrutiny of anti-Cutler site deepens

The state's ethics commission is moving forward on an investigation of a website that disparages Independent gubernatorial candidate Eliot Cutler, but opted against releasing the identities of those believed to be behind it.

The Commission on Governmental Ethics and Election Practices voted yesterday to continue a probe into the anonymous creators of The Cutler Files and whether they are violating state campaign disclosure laws by not reporting their funding source, according to reports from the Bangor Daily News and the Maine Public Broadcasting Network. Commission members also agreed to keep details of the investigation confidential pending its outcome, which could continue past Election Day. An anonymous affidavit filed with the commission said the site's authors have paid less than the $100 threshold to operate the site and thus are not required to disclose their identities or file campaign finance reports.

Earlier this month, a Freedom of Information Act request filed by MPBN showed the state was considering subpoenaing Dennis Bailey, who is president of Portland-based PR firm Savvy Inc. and a consultant for Independent gubernatorial candidate Shawn Moody, in connection with the case. The commission did not say this week, however, if that subpoena will move forward. Richard Spencer, Cutler's attorney, said during the commission's meeting that he believes the person behind the website to be "very closely associated with a gubernatorial primary campaign as the paid strategic consultant," according to MPBN. Bailey was a consultant for failed Democratic candidate Rosa Scarcelli during the primary campaign.

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