AUGUSTA -- A candidate running for the Maine House of Representatives will ask the ethics commission today whether he can use public money to pay his son to play guitar at a campaign event.

The question is the first test of a new state law that prohibits candidates from paying family members with public money unless certain conditions are met.

Robert "Bo" Zabierek, a Sherman Democrat, is requesting permission from the commission to use state Clean Election Act money to pay a band called Kirbside Prophet to play at a campaign event.

His son, James, 19, a student at the University of Maine in Orono, is a member of the band and would be paid $100 along with the three other band members and a sound technician, according to documents from the commission.

Zabierek is running for a House seat that includes parts of Aroostook and Penobscot counties.

The Maine Commission on Governmental Ethics and Election Practices -- a five-member panel with two Democrats, two Republicans and one independent -- is scheduled to meet at 9 a.m. today in room 208 of the Cross State Office Building.

Zabierek is a first-time candidate running against Rep. Henry Joy, R-Crystal, who's served 14 years in the Legislature.

Zabierek said he needs to attract young voters to the polls Nov. 4 to unseat the incumbent.

His event -- planned for Oct. 11 and called "Rock & Register with House District 9 candidate Robert 'Bo' Zabierek" -- is a free concert he hopes will draw 18- to 25-year-olds.

He called the commission earlier this month to request permission to pay his son as a member of the band.

"My son is in the hottest group in District 9," he said. "I'm running against one of the oldest members of the Legislature. I know I need to get the youth vote."

Candidates running for the Maine House using the Clean Election system get $4,144 for general election expenses. Zabierek would receive more campaign funding if Joy, who is privately financed, spends more than $4,144 on his campaign. The prohibition on whether Zabierek can pay his son will apply if his son is considered a member of the same household, ethics commission Assistant Director Paul Lavin said.

Zabierek said he owns the house in which his son lives in Old Town, but that they do not live under the same roof.

Ethics commission staffers said in a written report they believe it would be permissible to pay James Zabierek for playing at the campaign event.

The only caveat raised by the staff is that "performing paid concerts is not James Zabierek's full-time occupation or business."

One of the conditions that must be met to use Clean Election money to pay a family member is that the person "provides the goods or services being purchased in the normal course of their occupation or business."

However, state law does not specifically state it must be the person's full-time work to qualify, Lavin said.

Zabierek said his son, who is studying classical guitar, enjoys playing in the band, but that he has another part-time job and attends college.

"This is something that keeps him out of trouble on the weekends," he said.

Over the years, Lavin said he does not recall many other requests to pay entertainment with public money. But he compares it to other campaign events where food is paid for with Clean Election funds.

"If it's still within the guidelines established, and there is a legitimate campaign purpose, then we'll allow it," he said.

Susan Cover -- 620-7015

scover@centralmaine.com