Maine ballot initiative news
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| Propositions • | Recall | • Law |
Mainers overturn same-sex marriage, reject tax-cutting measures
In what most called a "nail-biting" election, voters ultimately approved the Maine Same-Sex Marriage People's Veto and overturned the governor-approved legislation that authorized same-sex marriage in Maine. However, other measures on the Maine ballot were predictable within the first few hours of reporting despite earlier polls that predicted a close race. Both tax-cutting measures were resoundingly rejected by voters on Tuesday. Question 2, the auto excise tax repeal, received only 26% of the vote, while Question 4, TABOR 2, lost with only 40% of the vote.
| Ballot measure | Outcome | Yes % | No % | Precincts Reporting |
|---|---|---|---|---|
| Question 1 (Marriage) |  | 266,324 (52.75%) | 238,595 (47.25%) | 527 of 605 |
| Question 2 (Excise tax) |  | 129140 (25.85%) | 370391 (74.15%) | 527 of 605 |
| Question 3 (School consolidation) | | 201672 (41.49%) | 284435 (58.51%) | 527 of 605 |
| Question 4 (TABOR) | | 196442 (39.61%) | 299451 (60.39%) | 527 of 605 |
| Question 5 (Marijuana) | | 294176 (58.61%) | 207744 (41.39%) | 527 of 605 |
| Question 6 (Bonds) | | 321930 (65.26%) | 171337 (34.74%) | 527 of 605 |
| Question 7 (Signatures) | | 231359 (47.80%) | 252647 (52.20%) | 527 of 605 |
Source: Bangor Daily News as of 2:05 a.m. EST
Maine anti-tax group takes secretary of state to court
AUGUSTA, Maine: This week a Maine anti-tax group - Still Fed Up With Taxes - filed a lawsuit with the Kennebec County Superior Court requesting that the court order Secretary of State Matt Dunlap to finish reviewing signatures for the Maine tax code referendum (2010).[1] The proposed measure, which was filed through the People's Veto provision, calls for the repeal of an enacted tax code overhaul. The overhaul includes an income tax rate cut, a broadening of the state sales tax to more items and an increase in the state meals and lodging tax. The overhaul passed the Maine Legislature and was signed into law by Democratic Gov. John Baldacci in 2009.[2]
Still Fed Up With Taxes filed petitions supporting the referendum in September 2009 but state election officials have yet to verify the signatures. The verification deadline was October 13, 2009.[3] In order to place the referendum on the June 2010 ballot supporters are required to submit a minimum of 10% of the number of people who voted in the last governor’s election - 55,087 signatures.[2]
Six states prepare to face off in November 3rd elections
Maine, New Jersey, New York, Ohio, Texas, Washington: The clock is ticking - there are only 5 days left until election day. In this off-year election only six states will face off on November 3, 2009. There's a total of 26 propositions on the ballot this November.[4] Earlier this year, Californians voted on six statewide measures, bringing the total number of statewide ballot measures in 2009 to 32 - the lowest number of statewide ballot measures in 20 years.
Review upcoming ballot measures HERE!
Additionally on November 3rd, there will be hundreds of local ballot measures in at least 24 states.
TABOR 2 supporters seek investigation, attorney general says "no"
Augusta, Maine: Supporters of Maine's Question 4, better known as TABOR 2, asked the Maine Attorney General for an investigation into Senate President Elizabeth Mitchell and House Speaker Hannah Pingree's use of staff and positions to oppose the November 2009 ballot measure. "Is it appropriate for the presiding officers to have this sort of meeting where in effect it appears that threats are made and promises given at the same time," said David Crocker, chairman of TABOR Now, on Monday.[5] The allegations were made after supporters obtained a series of e-mails and information regarding a "closed-door meeting." They argue that the evidence obtained reveals a clear violation of state law.[6] TABOR supporters specifically point to an e-mail from Rick McCarthy, a lobbyist for Maine Tomorrow and former staffer for a state legislator, to a Pingree staffer in which McCarthy said that "20 people at the meeting and that 'ultimately we hope to raise funds from them.'" However, both legislators deny any solicitation of funds and said they were surprised by the allegations.[7]
However, despite the campaigns complaint, Attorney General Janet Mills dismissed the complaint, citing that they hadn't provided sufficient evidence of wrongdoing to warrant an investigation. "We do not initiate investigations in this office unless and until there's a threshold of something to investigate. There's absolutely no suggestion there's any criminal activity," said Mills. Tarren Bragdon, executive director of the Maine Heritage Policy Center, said that he was surprised by the quick dismissal.[7]
Despite the attorney general's response, campaign supporters said they plan to continue the pursuit of an investigation with the state ethics commission.
Maine TABOR 2 campaign files complaint with ethics commission
AUGUSTA, Maine: Last week the state Ethics Commission launched an investigation into the South Portland City Council, after the Maine TABOR 2 campaign filed a complaint over a city decision to include a mailer with its property tax bills. The approved mailer urged citizens to oppose two ballot measures scheduled to appear on the November 3, 2009 ballot - Question 2 and Question 4.[8] "We were deeply concerned that the city was using taxpayers' money to not very subtly tell taxpayers how to vote on these two referenda," said David Crocker, Question 2 campaign chairman. The Ethics Commission said that they will consider a formal investigation on November 19, however, the city of South Portland is required to submit a written response by October 30, 2009.[9]
Maine finance campaign law challenged
Augusta, Maine: Yesterday, the National Organization for Marriage and American Principles in Action filed a constitutional challenge, NOM v. Mckee et al., to Maine's campaign finance law that requires that any person or organization who contributes or spends more than $5,000 on a ballot measure be registered as a "ballot measure committee." According to the James Madison Center for Free Speech, a Maine law that required individuals or organizations to register as political action committees (PACs) was declared unconstitutional approximately 10 years ago. That case was Volle v. Webster.[10]
Both groups are also seeking a restraining order that would allow for the groups to run television ads and donate funds to the Question 1 campaign without registering as a committee.[11]
Recent Question 1 poll reveals Mainers are evenly split
AUGUSTA, Maine: According to a recent poll by Public Policy Polling, Maine's Question 1 may be closer than previously believed. According to the poll results 48% of voters said they planned on voting to overturn the same-sex marriage law, while 48% of voters said they planned to vote to keep the 2009 law. A total of 1,130 voters were polled and the reported margin of error is +/- 2.9%.[12] A prior poll by Greenberg Quinlan Rosner (GQR) had different results - a higher percentage of Mainers said they were likely to reject Question 1.[13]
| Date of Poll | Pollster | In favor | Opposed | Undecided |
|---|---|---|---|---|
| April 2008 | Pan Atlantic SMS Services | 49.5% | 47.3% | 3.3% |
| Sept. 14 - 16 | Research 2000/Daily Kos | 48% | 46% | 6% |
| Sept. 23 - 27 | Greenberg Quinlan Rosner (GQR) | 41% | 50% | 9% |
| Sept. 30 - Oct. 7 | Pan Atlantic SMS Services | 43% | 52% | 5% |
| Oct. 16 - 19 | Public Policy Polling | 48% | 48% | 4% |
| Oct. 20 - 22 | Pan Atlantic SMS Services | 42% | 53% | 6% |
| Oct. 31 - Nov. 1 | Public Policy Polling | 51% | 47% | 2% |
Both sides of Maine Question 1 concerned about resource allocation
PORTLAND, Maine: Campaign representatives on both sides of Maine Question 1 say they are surprised at a relative lack of interest in their cause from outside the state.
Marc Mutty of Stand for Marriage Maine, according to a report in the Washington Post, "professes astonishment" at the lack of interest from national figures such as Mitt Romney and Mike Huckabee. Mutty said, "What happens here is of great national import A lot of our folks seem to not fully get that." [14]
Supporters of same-sex marriage in the state are concerned that an October 11 March on Washington DC for Marriage Equality is taking time and attention away from Question 1.
Maine TABOR supporters launch online service
AUGUSTA, Maine: This week the Maine Heritage Policy Center launched a new online tool on their website www.maineopengov.org that allows for Mainers to "compare spending in their town versus spending in other towns." The Maine Heritage Policy Center is a supporter of Maine Tax Relief Initiative, Question 4 (2009) (TABOR II), which is scheduled to appear on the November 2009 ballot. TABOR II proposes limiting government spending and requiring voter approval by referendum for spending over those limits and for increases in state taxes.[15] The policy center said that they hope that the new online tool helps shed some light on local spending. "We want citizens of those towns to go in and say, wait a second, my town is the same size as this town but we're spending twice as much what's going on," said Michael Bowden of the Heritage Policy Center. Opponents of TABOR II argue that the new tool doesn't make sense. "One town has a different set of priorities than another and Maine is about local government and local control and the challenge of Tabor, to me, or to our organization is that it takes that away," said Tom Battin of the Citizen's Unified for Maine's Future.[16]
- Maine Heritage Policy Center's online local property tax calculator can be found here.
Opposition to Maine's marijuana initiative speaks out
AUGUSTA, Maine: Don LaRouche, a medical-marijuana patient, and the Maine Prosecutors Association are speaking out against Maine Medical Marijuana Initiative, Question 5 which calls for changing medical marijuana laws in order to allow treatment of more medical conditions and to create a regulated system of distribution. LaRouche said he is concerned about state Department of Health and Human Services ability to oversee the program and the $5,000 cost for a dispensary registration and identification card process. He does not believe that the state department of health and human services should be in charge of the dispensaries.[17]
On the other hand, the Maine Prosecutors Association said that they are concerned about the smaller clauses in the initiative. For example, permitting someone with several misdemeanor drug convictions to run a dispensary and the child-custody provision that states that a medical-marijuana patient cannot be denied visitation or custody of a minor unless their behavior is "unreasonably dangerous to the minor." Fowle said this provision is not available to non-medical-marijuana patients.[17]
Jonathan Leavitt, director of the marijuana initiative, said, "We think this question is way overdue. We're going to make this happen." According to Leavitt the initiative aims to address a loophole in the current law that requires patients to grow the medically prescribed marijuana themselves. In reality, he said, most people purchase their marijuana on the black market. Of LaRouche, Leavitt said that he represents only a small group of people against Question 5.[17]
Maine officials approve investigation of same-sex marriage fundraising
AUGUSTA, Maine: Today the Maine Commission on Governmental Ethics and Election Practices voted 3 to 2 to investigate groups supporting the Maine Same-Sex Marriage People's Veto, Question 1 campaign.[18]
The complaint was filed by Fred Karger, founder of Californians Against Hate, on August 25, 2009. In the 9-page complaint Karger said groups like the National Organization for Marriage and the Roman Catholic Diocese of Portland, solicited contributions from individuals and in turn gave the money to Stand for Marriage - hiding the identity of the individual donors.[19] Maine election law states that every donation, regardless of how small, must be listed.
Barry Bostrom, National Organization for Marriage attorney, said Karger's complaint is "nothing more than an attempt to harass and intimidate those of us who believe in the core truth that marriage is between one man and one woman." According to Bostrom, the organization complies with state campaign financing laws. It's policy is to collect funds and then submit the donations to a particular campaign so as to protect donors from harassment.[20]
Maine school consolidation debate heats up
AUGUSTA, Maine: With a little more than month left before Mainers hit the polls to decide on seven ballot measures, the campaign regarding the Maine School District Consolidation Repeal, Question 3 is beginning to ramp up.[21] Opponents of the proposed repeal launched their campaign website this week and can be located here. Opponents argue that the Consolidation law saves taxpayers $36 million a year and creates efficient school system.[22] However, repeal supporters say otherwise. They argue that school consolidation law is causing harm to the school systems. Additionally, they argue that school enrollment is dropping in light of school consolidation efforts.[21]
Maine ads stir controversy
AUGUSTA, Maine: Supporters and opponents of the Maine Same-Sex Marriage People's Veto, also known as Question 1, released television ads. However, controversy arose after Stand for Marriage Maine, supporters of Question 1, released their first ad on September 15. Questions arose regarding two claims in the ad: the legal ramifications and the changes on education if the law is allowed to stand.[23]
- In regards to lawsuits, the ad states: "Legal experts predict a flood of lawsuits against individuals, small businesses and religious groups." Veto opponents argue that the claim is "overstated" and has not been in the case in other states. However, Stand for Marriage said,"There is no reason to believe that it won't happen, there is every probability that it will happen."[23]
- In regards to education, the ad states: "Homosexual marriage taught in public schools whether parents like it. Vote yes on question one." Opponents call the statement "inflammatory" and "misleading." The Department of Education reports that curriculum language about marriage does not and would not exist. Education plans about family life are created by individual schools districts. According to Stand for Marriage the statements is not meant to be taken literally.[23]
Stand for Marriage Maine TV ads can be viewed here.
Protect Maine Equality TV ads can be viewed here.
Maine Chamber of Commerce withdraws support for TABOR II
AUGUSTA, Maine: Yesterday, the Maine State Chamber of Commerce withdrew its support for Maine Tax Relief Initiative, Question 4 (2009), also known as TABOR II. Five months prior, the chamber supported the measure before the legislative policy committee. According to chamber officials the business organization was unable to reach a consensus position on Question 4. "When you have a complex, challenging policy like this is, it is very difficult in a referendum process that only allows you a 'yes' or a 'no' to reconcile those challenges," said Conners.[24]
The Maine Chamber of Commerce, as a whole, does not officially oppose or support the measure at this time. In response to the chambers announcement David Crocker, Yes on 4 campaign chairman said that this is not a huge blow the campaign because the chamber has chosen to remain neutral.[25]
The No on 4 campaign, however, has marked the announcement as a clear victory. "This clearly is a backing off of the position the Chamber took in April when they testified in support of TABOR before the Legislature...It is an acknowledgment of the damages and the devastating effects that TABOR 2 would have on our infrastructure, both transportation and on tourism," said Crystal Canney, spokeswoman for the No On 4 campaign.[24]
Maine same-sex marriage measure officially on November ballot
AUGUSTA, Maine: Last week the secretary of state's office confirmed that Maine Same-Sex Marriage People's Veto supporters collected sufficient valid signatures to place the measure on the state ballot. That same day, on September 3, Gov. John Baldacci signed a formal proclamation to place the measure on the November 3, 2009.[26] The measure calls for voters to repeal a same-sex marriage law that was signed into law by the governor in May 2009, making the state the fifth state to allow same-sex marriage.[27] On September 3 the governor said, "I fully support this legislation and believe it guarantees that all Maine citizens are treated equally under our state’s civil marriage laws. But I also have a constitutional obligation to set the date for the election once the secretary of state has certified that enough signatures have been submitted."[26]
On July 31, 2009 petitioners submitted approximately 100,000 signatures with the Maine Secretary of State. They were required to collect a minimum of 55,087 valid signatures.[28]
$265.8 million bond measure possible in Maine
Gov. John Baldacci is asking the Maine State Legislature to put on a $265.8 million bond package, the Maine Transportation and Energy Bonds (2009), on the Maine 2009 ballot.[1]
The bond package under consideration includes bonds for:
- Collaboration between Southern Maine Community College and the University of Maine to be developed at the Brunswick Naval Air Station.
- Renovations at Maine's university campuses, which would include a $5.4 million project at the University of Southern Maine's Bailey Hall in Gorham and a $1.4 million project at the UMaine School of Law in Portland.
- A technology proving center for off-shore and near-shore wind power.
- $128 million in funding for transportation projects, including upgrades to the International Marine Terminal in Portland.
Four initiatives qualify for Maine ballot
Three ballot initiatives and one veto referendum have obtained enough signatures to qualify for the 2009 ballot in Maine.[2]
- Excise Tax Repeal
- Tax Relief (TABOR)
- Medical Marijuana Initiative
- Repeal the School Consolidation Laws Referendum
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