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Maine Municipal Welfare Benefits for Asylum Seekers Referendum (2015)

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The Maine Municipal Welfare Benefits for Asylum Seekers Referendum did not make the November 3, 2015 ballot in Maine as a veto referendum. The measure, upon voter approval, would overturn Legislative Document 369 (LD 369), a law allowing asylum seekers in Maine to receive municipal welfare benefits, also known as general assistance, for up to two years.[1][2]

Background

LePage veto

Maine Gov. Paul LePage (R) was expected to veto LB 369.[3] According to Attorney General Janet Mills (D), the law was implemented, however, after Gov. LePage failed to veto the legislation within the 10-day period following legislative adjournment prescribed by Section 2 of Article IV-Part Third of the Maine Constitution. The governor contested the matter in the Maine Supreme Judicial Court. LePage's team argued the legislature did not adjourn on June 30; rather, the legislature recessed until July 16, 2015, which is when a brief veto session was held.[2]

Stavros Mendros, who is helping lead the veto referendum campaign, said supporters will drop their bid for a referendum if the court sides with Gov. LePage, as the governor would veto LD 369. Mendros said, "I think the governor has a strong argument, but I don’t know how the courts are going to rule. If the court rules that he’s right then we end (the people’s veto). … I’m confident that he’s going to prevail, but it’s always good to have a Plan B. I put it in just in case the ruling comes down and we have no option."[2]

On August 6, 2015, the Maine Supreme Judicial Court issued an unanimous opinion. The court determined that Gov. LePage did indeed miss the veto deadline. The court wrote:

We are acutely aware that our conclusions will render ineffective the governor’s objections to 65 bills — a result that we do not take lightly. Nonetheless, in exercising the authority of the judicial branch to respond to an inquiry from the executive branch, we are guided by the need for certainty in, and confirmation of, the constitutionally-identified process that has been employed in Maine for so many years.[4]
—Maine Supreme Judicial Court[5]

Support

The campaign in support of the referendum is led by conservative activist Stavros Mendros, Rep. Deborah Sanderson (R-88), Rep. Randall Greenwood (R-82) and Sen. Eric Brakey (R-20).[2]

Arguments

Sen. Eric Brakey (R-20) stated, "We are a small, rural state. We are not a very wealthy state. ... The problems with the situation of these noncitizens is really something that is the responsibility of the federal government."[6]

Opposition

Arguments

The Maine Peoples Alliance issued a statement condemning the referendum campaign, which said, "Never before has a referendum been suggested to unfairly target such a small group of vulnerable people and such a tiny amount of money in the state budget. The campaign these Republican operatives are proposing could easily cost more than the assistance itself."[2]

Path to the ballot

See also: Laws governing the initiative process in Maine

Supporters of the referendum are required to submit at least 61,123 valid signatures 90 days following the state legislature's adjournment, which occurred on July 16, 2015. Signatures must also be submitted 60 days before the general election if the referendum is to make the 2015 ballot. If signatures are turned in after that date, but before the 90 days are up, then it would be certified for the 2016 ballot.[2]

See also

Footnotes