Maine Crime of Female Genital Mutilation Initiative (2020)

Maine Crime of Female Genital Mutilation Initiative
Election date November 3, 2020
Topic Law enforcement
Status Not on the ballot
Type State statute	Origin Citizens
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The Maine Crime of Female Genital Mutilation Initiative was not on the ballot in Maine as an indirect initiated state statute on November 3, 2020.

The ballot initiative would have criminalized female genital mutilation (FGM) of a minor in state law, with a punishment of up to 30 years incarceration and a $50,000 fine.

Text of measure

Petition summary

The summary of the initiative that was included on the petition form is as follows:

This initiated bill defines "female genital mutilation" as the circumcision, excision, mutilation or infibulation, in whole or in part, of the labia majora, labia minora or clitoris of a female individual but excludes from the definition medical procedures that are necessary to the health of the female individual or performed for medical purposes on a female individual in labor or who has just given birth, as long as the medical procedure was performed by a person licensed in the State by the Board of Licensure in Medicine or the Board of Osteopathic Licensure or by a licensed midwife or a person in an approved training program under the direct supervision and control of a physician or midwife licensed in this State. Because certified midwives and certified professional midwives are not required to be licensed in the State until January 1, 2020, the initiated bill clarifies that necessary medical procedures performed by a certified midwife or certified professional midwife, or by an individual in an approved training program under the direct supervision and control of a certified midwife or certified professional midwife, are also excluded from the definition of "female genital mutilation." The initiated bill makes it a Class A crime to knowingly perform female genital mutilation on a female individual under 18 years of age, to knowingly remove a female individual under 18 years of age from this State for purposes of female genital mutilation or to knowingly consent to or permit female genital mutilation of a female individual under 18 years of age. Under the provisions of the initiated bill, it is not a defense that the victim or the parent, guardian or person who has immediate custody of the victim consented to the procedure or believed that it was desirable or required as part of custom, religion or ritual. The initiated bill extends the statute of limitations for female genital mutilation offenses to the 25th birthday of a victim of female genital mutilation of a minor. The initiated bill makes it a Class E crime for mandated reporters to knowingly fail to report to the Department of Health and Human Services instances of female genital mutilation of a minor and for mandated reporters to knowingly fail to report circumstances in which a female individual under 18 years of age is in high likelihood of imminent harm through female genital mutilation. The initiated bill also requires the Department of Health and Human Services, to the extent existing resources are available, to develop and institute a community outreach program regarding female genital mutilation that provides support services, training and educational materials.

Full text

The full text of the measure is available here.

Sponsors

Prevent FGM in Maine led the campaign in support of the ballot initiative.

Supporters

• Sen. Garrett Mason (R-22)

Arguments

• Ben Trundy, the principal officer of Prevent FGM in Maine, said, "I think it's important to protect vulnerable citizens. It makes it hard for district attorneys' offices across the state to enforce laws because there's no state mandate."

Background

Federal law criminalizing FGM

The federal government classified female genital mutilation (FGM) of a minor as a crime in 1996, when Congress passed and President Bill Clinton signed the Female Genital Mutilation Act (FGMA). The FGMA required a punishment of up to 5 years incarceration and a fine for those who performed FGM on a minor.

The FGMA also required the Immigration and Naturalization Service to give people with immigrant or nonimmigrant visas, prior to entering the U.S., information on the physical and psychological harms of FGM and information on the legal consequences of performing FGM or allowing a child to be subject to FGM.

In 2013, Congress passed the Transport for Female Genital Mutilation Act (TFGMA) and President Barack Obama signed the law. The TFGMA criminalized the act of transporting a minor out of the U.S. to conduct FGM.

U.S. Rep. Carolyn Maloney (D-12) introduced legislation during the 115th U.S. Congress (2017-2018), titled the Stopping Abusive Female Exploitation (SAFE) Act, to increase the penalty for performing FGM of a minor from 5 years incarceration to 15 years incarceration. The U.S. House of Representatives passed the SAFE Act in a unanimous vote on December 5, 2017, but the U.S. Senate had not voted on the bill as of November 10, 2018.

On November 20, 2018, Judge Bernard Friedman of the U.S. District Court for Eastern Michigan ruled that the FGMA was unconstitutional. He said, "Congress overstepped its bounds by legislating to prohibit FGM. ... FGM is a 'local criminal activity' which, in keeping with longstanding tradition and our federal system of government, is for the states to regulate, not Congress."

Path to the ballot

See also: Laws governing the initiative process in Maine

Process in Maine

In Maine, the number of signatures required to qualify an indirect initiated state statute for the ballot is equal to 10 percent of the total votes cast for governor in the most recent gubernatorial election. Petitions can be circulated for up to 18 months, but signatures must be no more than one year old to be valid. Signatures must be filed with the secretary by the 50th day of the first regular legislative session or the 25th day of the second regular session. Maine's initiative process is indirect, which means sufficient initiative petitions first go to the legislature and only go to the ballot if the legislature rejects or does not act on the initiative.

The requirements to get an initiated state statute certified for the 2020 ballot:

• Signatures: 63,067 valid signatures were required.
• Deadline: The deadline to submit signatures was February 3, 2020.

Each petition signature is certified by the local registrar of voters. The signatures are then submitted to the secretary of state. If enough signatures are verified, the initiatives are sent to the legislature. If the legislature approves the initiative, it becomes law. If the legislature does not act on the initiative or rejects it, the initiative goes on the ballot. The legislature may submit "any amended form, substitute, or recommendation" to the people alongside the initiative; this alternative is treated as a competing measure.

Stages of this initiative

On August 31, 2018, the initiative petition was approved for signature gathering.

The deadline to file signatures for a ballot initiative was February 3, 2020. The office of Secretary of State Matthew Dunlap did not receive signatures for the proposal.

See also

2020 measures

• 2020 ballot measures
• Law enforcement on the ballot

Maine

• Maine ballot measures
• Maine ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls