A federal judge has temporarily blocked enforcement of a newly-enacted state law prohibiting foreign governments — and companies owned in part by foreign governments — from campaigning either for or against both candidates and ballot questions in Maine.
After voters overwhelmingly approved the citizens initiative proposing this law at the ballot box last November, four lawsuits were filed almost immediately in opposition to it.
In addition to barring foreign involvement, the legislation also requires the media to do their “due diligence” to determine whether or not the entity behind an advertisement is owned by a foreign government when making decisions about what to air or print.
Among those who filed suit were Central Maine Power (CMP), Versant and NMAX Corporation, the Maine Press Association and the Maine Association of Broadcasters, as well as a group of Maine voters and electors.
Because CMP and Versant are both partially owned by foreign governments, they would be prohibited under this law from spending on elections in Maine despite their inherent ties to the state.
These four lawsuits were consolidated into a single case at the parties’ request on January 9, 2024.
Prior to United States District Court Judge Nancy Torresen’s ruling Thursday, the law had been scheduled to go into effect on March 1, 2024.
In November of 2023, 86.4 percent of Maine voters supported this initiative at the polls, but not before the measure had already wound its way through a protracted process in the Legislature.
[RELATED: New Laws Approved by Voters Last November Go Into Effect]
Under Article IV, Part Third, Section 18 of the Maine Constitution — voters are able to directly petition the Legislature to consider bills and resolutions, and unless passed by lawmakers “without change,” citizens are given the opportunity to decide on its fate at the polls.
In June of last year, both chambers of the Legislature voted in support of passing the citizens initiative — with a roll call vote of 19-13 in the Senate — but Gov. Janet Mills (D) vetoed the bill on July 19, citing concerns that “the language of the bill is too broad and would likely result in the unintended consequence of effectively silencing legitimate voices.”
Gov. Mills also took issue with the bill’s “attempts to regulate the activities of the press and other media outlets,” which she argued “runs afoul of the First Amendment and is counter to the longstanding tradition and cornerstone of a free press in America.”
The Legislature then held a vote to overturn Mills’ veto — an act that would have required support from at least two-thirds of those present in the chamber. With a roll call vote of 73-50 in the House, lawmakers came up short of the 82 votes necessary to override the governor’s decision.
As a result, the question went before voters at the ballot box where they approved of the measure by a significant margin.
According to Judge Torresen’s Thursday ruling, the measure won by the biggest margin ever “for a citizens’ initiative in either percentage or absolute terms in Maine’s history.”
[RELATED: The Results Are In: Election Day 2023]
In Thursday’s ruling, Torresen explained that while she had the “authority to enjoin only the unconstitutional portions or applications of the Act, while letting the constitutionally permissible portions and applications go into effect,” she declined to do so at this time because of the “expedited and preliminary nature of this proceeding.”
“I will reserve those questions until I have the benefit of further briefing from all parties on how these changes would affect the Act’s remaining provisions,” Torresen wrote.
One of the claims that was critical to Torresen’s decision to issue the preliminary injunction was the suggestion that the law was preempted by the Federal Election Campaign Act (FECA), as it could potentially be construed as applying not only state and local elections, but to federal ones as well.
The other essential argument that factored into Torresen’s decision was the First Amendment challenges levied against the law by CMP and Versant.
“The loss of First Amendment rights, even briefly, constitutes irreparable injury,” Torresen said. “On the balance of hardships, the Plaintiffs’ ‘interest in avoiding interference with their rights to free speech outweighs the [State’s] interest in enforcing an unconstitutional [law].'”
Although a number of other claims were made by the plaintiffs concerning the law, Torresen said that these two arguments alone were enough to warrant a preliminary injunction temporarily barring the state from enforcing the measure.
Consequently, she explained that she did not find it necessary to address the other arguments presented in favor of enjoining the provision in her ruling.
This injunction is to remain in effect while the litigation of the case proceeds.
Click Here to Read the Federal Judge’s Full Ruling
Yeah, yeah, I know, we’re all supposed to believe that voters don’t know what they want due to campaign financing; but the real problem is that the votes get counted IN SECRET. That’s what the computers are for. Read Black Box Voting (which is available online, for free).
You know Maine has become extreme far-left land when our left wing governor is the one trying to preserve free speech….. and the totalitarians try to shut contrary opinions up. Even if you arent for for construction of a powerline (even though it will reduce electric prices on the New England grid to which Maine is a part), folks ought to be able to express their opinions as paid commercials. The totalitarians want to shut anyone up who doesnt agree with them rather than talk it out in the arena of ideas.
It is election interference and illegal. Corrupt judges can be bought.
And there you go folks, your vote means nothing. But I guess we already knew that thanks to Bellows.
China is winning. So are the Palestinian’s.
“China is winning. So are the Palestinian’s.”…
Thats interesting Red , since I would bet my boat that its all Israeli money behind these law suits.
Mills is against this Bill. I knew I was on the right side of this issue!