Maine lawmakers are on track to reject a proposal to soften the restrictions surrounding candidates’ ability to communicate with voters at the polls on election day.
Members of the Veterans and Legal Affairs Committee are divided along partisan lines over whether or not the state should amend the restrictions surrounding candidates’ ability to interact voters at the polls on election day.
Sponsored by Sen. Jim Libby (R-Cumberland) and cosponsored by Rep. David Boyer (R-Poland) and Rep. Kimberly J. Pomerleau (R-Standish), LD 199 sought to allow candidates to communicate more extensively with voters at the polls.
The proposed language would explicitly give candidates permission to tell voters the name of the office they are seeking and their political affiliation, so long as they do “not attempt to influence their vote.”
In his testimony introducing this bill to the Veterans and Legal Affairs Commitee, Sen. Libby argued that the law, as it is currently written, “amounts to a gag-order and is, in [his] estimation, a violation of a candidate’s constitutional right to free speech.”
Libby goes on to frame his bill as a way to allow candidates to answer voters’ questions, as candidates are presently prohibited from sharing this kind of information even if they are asked about their candidacy or position on issues.
Although the text of the bill does not explicitly reference the need for a candidate to be asked about this information in order to provide it, Libby’s testimony is indicative of his legislative intent.
“The right to gag a response to a question cannot be tolerated in a free society,” Libby testified, adding: “I feel at the very least that we all must agree that prohibiting responses to voters’ questions should not be tolerated.”
A representative of the Maine Municipal Association, however, testified in opposition to the bill, suggesting that it would run counter to their goal of “reducing or eliminating the potential for conflict during voting [which is] is of utmost importance to all municipal officials.”
“Political topics are polarizing and can result in heated discussions which could lead to violence,” a representative of the Maine Town and City Clerks Association testified.
The Association also suggested that municipal clerks have “noted that the current law allowing candidates at the polls to greet voters results in the most complaints received from voters on Election Day.”
“Candidates often say that they enjoy being at the polls to see their friends and neighbors making it a party-like event,” the Association’s testimony read. “Clerks feel that Election Day is for the voters, not for the candidates, and that campaigning should be finalized by that point. Candidates who truly want to see their friends and neighbors can do so while campaigning in their districts’ neighborhoods.”
A representative of the League of Women Voters voiced similar concerns, testifying that “current law strikes a reasonable balance between First Amendment rights and voter intimidation.”
Secretary of State Shenna Bellows echoed many of these comments, stating that her office “adhere[s] to the concept that Election Day is for the voters, not the candidates.”
On the other hand, several Maine citizens who submitted testimony advocated in support of the bill, referring to it as a “common sense” change to the state’s election law.
“As long as the candidate doesn’t attempt to influence a voter, why keep this information a secret?” a South Berwick resident asked. “Having stood outside the polling place as a candidate surrogate and having watched the candidates introduce themselves, the current practice is pretty awkward, like you’re hiding something.”
The Veterans and Legal Affairs Committee announced this past Wednesday that they are divided with respect to this legislation, with all Democrats opposing it and all Republicans supporting it.
Signing onto the majority Ought Not to Pass report were Sen. Craig Hickman (D-Kennebec), Sen. Craig Hickman (D-Kennebec), Sen. Jill Duson (D-Cumberland), Rep. Sharon C. Frost (U-Belgrade), Rep. Anne P. Graham (D-North Yarmouth), Assistant Majority Leader Lori K. Gramlich (D-Old Orchard Beach), Rep. Marc Malon (D-Biddeford), and Rep. Parnell William Terry (D-Gorham).
Joining the minority Ought to Pass Report were Rep. David Boyer (R-Poland), Rep. Quentin J. Chapman (R-Auburn), Rep. Ann Fredericks (R-Sanford), Rep. Benjamin C. Hymes (R-Waldo), and Sen. Jeff Timberlake (R-Androscoggin).
On Tuesday, the Senate accepted the Ought Not to Pass report without taking a roll call, meaning that it is unknown how individual lawmakers would have voted. LD 199 has now been sent to the House for concurrence.
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