Poliquin puts himself into a pickle

State Treasurer Bruce Poliquin’s political ambition has put him in quite a pickle.

It’s time for Poliquin to resign.

Poliquin has been on the hot seat for some time. Despite a constitutional prohibition against conducting outside business while serving as treasurer, Poliquin continued to run a business on the side. His activities have landed him in front of the Maine Supreme Judicial Court.

At the same time, he has also taken questionable advantage of the Tree Growth Tax Program, which has greatly reduced the amount of property taxes he owes on his waterfront estate. Since his actions have come under scrutiny, Poliquin has sought to take advantage of a different tax shelter.

But now, by running for the Republican nomination for the U.S. Senate seat vacated by retiring U.S. Sen. Olympia Snowe, Poliquin has left little doubt about several important questions.

First, he doesn’t really want to be treasurer. He was simply using the Legislature-appointed position as a political steppingstone, which explains why he has politicized a position that in the past has been more professional in nature.

Second, by launching his campaign, he is demonstrating his disdain for the Maine Constitution and its limitations on any treasurer.

The Maine Constitution is pretty clear: “The Treasurer shall not, during the treasurer’s continuance in office, engage in any business of trade or commerce, or as a broker, nor as an agent or factor for any merchant or trader.”

But in case there’s any doubt, there’s also a five-page opinion from current Maine Attorney General William Schneider — also a candidate for the U.S. Senate — which is pretty clear:

“The prohibition in Section 3 of the Constitution is general and without limitation. The history of Section 3 and its predecessor statute demonstrates the intent to require the Treasurer to make a full-time commitment, to give full fidelity to the job of Treasurer, and to preclude him from engaging in or carrying on a trade or business that would divert his attention from this commitment.”

On three points, Poliquin’s candidacy disqualifies him from serving as treasurer.

While most of us probably don’t think of it this way, a campaign for office is organized like a business and the candidate himself is responsible for its conduct and activities. Campaigns directly solicit contributions, hire and fire staff, buy services and goods and generally conduct commerce.

Candidate election committees usually register as a Maine nonprofit corporation and then file for IRS tax-exempt status under Section 527. Donations to a candidate’s committee are not tax-exempt like contributions to charities.

This seems to clearly contradict the language and intent of the language in the Maine Constitution.

Secondly, running for statewide office requires an enormous commitment of time and energy. It’s a testament to a candidate’s stamina and endurance. From the attorney general’s opinion, it is clear that the expectation for the treasurer is that he perform those duties on a full-time basis.

Interestingly enough, Poliquin has used the workload of his position as treasurer as part of his defense against allegations he has been running a business on the side. Now, that defense is coming back at him.

Third, with many political positions, there is an expectation that those elected can manage the duties and obligations of office while running for reelection. That’s certainly true for the governor, members of the Legislature and members of Congress. But the treasurer is not really an elected position. The office is appointed by the Legislature, not by direct election.

On one other point Poliquin faces trouble. While I have no doubt that he would never allow campaign contributions — or the promise of campaign contributions — to affect the way he carries out his duties as treasurer, the rhetoric and activities of his campaign could easily have unintended consequences on the state’s bond ratings, debt service and other activities regulated by the treasurer.

As the campaign gets heated, it’s easy to imagine a situation where Poliquin could make a misstep that haunts us all the next time bond rating agencies are asked to give their analysis of Maine.

Running a business isn’t compatible with being state treasurer. The Maine Constitution already makes that clear. And running for U.S. Senate isn’t compatible either for all the same reasons and a whole lot more.

David Farmer is a political and media consultant. He was formerly deputy chief of staff and communications director for Gov. John E. Baldacci and a longtime journalist. You can reach him at dfarmer14@hotmail.com. Follow him on Twitter @dfarmer14.