Tipsheet

We Might Have Some More Ballot Drama in Maine

Today, the Maine Democratic Party will officially announce that Troy Jackson will replace Graham Platner on the ballot. The field has basically cleared for this candidate, who has his own issues—reportedly a fierce temper—but he’s likely to secure the necessary endorsements to have his name on the ballot. About 600 delegates will make their decision later this morning. If everything goes smoothly, Jackson is expected to face incumbent Sen. Susan Collins (R-ME). 

However, one Maine lawmaker isn’t convinced that Jackson is eligible. In a letter to Maine Secretary of State Shenna Bellows, State Rep. James White asked for an investigation into the matter. Jackson’s eligibility depends on the June primaries—he ran for governor and was not successful. The issue is that the state doesn’t have an explicit ‘sore loser’ law, but it’s something to watch (via The Maine Wire):

Just hours before Maine Democrats are scheduled to meet in Bangor to select a replacement nominee for the U.S. Senate, a Republican state lawmaker is asking Secretary of State Shenna Bellows to determine whether former Senate President Troy Jackson is legally eligible to receive the nomination at all.

In a letter dated July 24, State Rep. James White (R-Guilford) formally requested that Bellows immediately investigate whether Jackson—or any candidate who sought and lost a race for another federal, state, or county office in Maine’s June primary, is legally eligible to become a replacement nominee under Maine election law.

[…]

In his letter, White contends that Maine’s election statutes prohibit a candidate from seeking another office after already appearing on the primary ballot for a different office.

He points specifically to Title 21-A, Section 331, which provides that “a person may not file, whether by primary election or nomination petition, as a candidate for more than one federal, state or county office at any election.”

White also cites Section 351, which contains similar restrictions, and Section 363, which provides that a political committee filling a vacancy “shall choose a qualified person to fill the vacancy.”

[…]

White’s argument also relies on the U.S. Supreme Court’s 1974 decision in Storer v. Brown, in which the Court described primary elections as “an integral part of the entire election process.”

According to White, supporters of Jackson’s candidacy must treat Maine’s June primary and November general election as separate elections in order for Jackson to qualify. He argues that interpretation conflicts with both the Supreme Court’s reasoning and the Legislature’s decision to prohibit candidates from seeking more than one office “at any election.”

The letter further argues that so-called “sore loser” laws exist to protect the integrity of elections by preventing candidates who lose one race from reaching the general election ballot through another avenue.

[…]

Whether White’s argument ultimately prevails remains an open legal question.

Unlike several states, Maine does not have an explicit “sore loser” statute that expressly bars a candidate defeated in a primary from later appearing on the general election ballot for another office. Instead, White argues that existing provisions of Title 21-A, when read together, effectively create that prohibition.

What a mess. We’ll see if this gets reviewed, but it all circles back to Democrats creating this fiasco by supporting a man, Platner, with Nazi tattoos and allegations of rape and domestic abuse