Democratic state House candidate Alex Cornell du Houx said that his appearance in a new third party ad against U.S. Sen. Susan Collins (R-Bangor) won't conflict with the Maine Clean Elections Act.

If his appearance in the ad is deemed legal, it could open up a loophole for third party groups to interfere with Clean Elections candidates, said Dan Billings, a Waterville attorney and an expert in Maine's campaign finance laws.

The ad, paid for by VoteVets.org, criticizes Collins for supporting the Iraq War. Cornell du Houx, of Brunswick, appeared in his capacity as an Iraq War veteran, and did not mention his candidacy for the Legislature.

It is illegal for MCEA candidates to coordinate ads with third party groups to promote their candidacy. It is legal for third party groups to produce ads advocating for a candidate as long as there was no coordination with the candidate.

In this case Cornell du Houx coordinated the ad with VoteVets, however it did not directly mention his candidacy. This is a gray area which, if election officials let slide, could open the doors for similar situations in the future, Billings said.

MCEA candidates are not permitted to accept monetary or in-kind contributions from any group.

"There is an argument that because the ad does not mention his candidacy or advocate his election, it is not an expenditure or a contribution.... There is also an argument that because the ad was done in coordination with the candidate, it should be considered a contribution," Billings said in an e-mail.

Cornell du Houx said in an e-mail that he has checked into the legality of the ad, and his lawyers said it will not be considered an in-kind contribution. He has worked with VoteVets to promote passage of a 21st Century GI bill.

Cornell du Houx is running against David Frans, a Green Independent from Brunswick, and Jonathan Crimmins, a Republican from Brunswick.

Frans is an MCEA candidate, however Crimmins is privately financed. If the ad is deemed to be a contribution to Cornell du Houx, then Crimmins can spend more on his campaign without triggering matching funds.

Theoretically, if the ad is deemed to be a violation of the MCEA, Cornell du Houx could be decertified as a candidate, fined and required to return his funds. That's unlikely, Billings said, because Cornell du Houx had no intention of evading the act.

A more likely outcome if the ad is deemed a violation, Billings said, is that the ad will be treated as an independent expenditure, meaning the Green Independent he is running against will get matching funds.

"The important issue is the precedent," Billings said. "If this is allowed, it will open up the floodgates with candidates cooperating with "issue ads" funded by third party groups."

Billings said that $200,000 was spent on the VoteVets ad. This year MCEA candidates in contested House races will receive an average of $4,144.

In 2006 the Republican Governors Association ran ads on behalf of GOP gubernatorial nominee Chandler Woodcock, Billings said. That was a different situation, however, because the ad was produced independently of the campaign.

"Third party groups can and do run issues without triggering matching funds but those ads are not done in coordination with candidates," Billings said.