You get a censure! and you get a censure! and you get a censure! Action in the House seems to be shaping up like an old episode of the Oprah Winfrey Show. Tomorrow starts a prefabricated special session called by Gov. Janet Mills to finish the work that 132nd Legislature left on the table after they adjourned early Friday morning. It looks like a busy day with several issues outstanding that need to be addressed. Let’s start with how we got here. Out of the First Regular Session and immediately into the Governor’s special or extra session.
Shortly after the 132nd Legislature abruptly adjourned Sine Die on around 1am on Friday morning, Gov. Mills issued a proclamation to call the legislature back in for a special session. Mills was not present in the State House that evening when the House and Senate sent delegations of members to contact her. Their mission was to inform her that the legislature was done for the First Session. She was nowhere to be found. One could assume that the proclamation calling the legislature back into the special session was pre-negotiated between leading Democrats and the Blaine House, and ready to go before the Chief Executive went to bed that night.
Questions abound as the legislature meets at 10am Tuesday morning. The most pressing question is Rep. Laurel Libby (R-Auburn) still censured? Does she get her vote and voice back in a new session of the legislature? Will her constituents have the representation they pay taxes to have? These questions are new territory thanks to the unprecedented move by House Speaker Ryan Fecteau (D-Biddeford) to trip Libby’s vote over a social media post he didn’t like.
Surely, Libby is still censured and that will remain part of the legislative history books. The real question is does her punishment carry over to a new session or does she get a fresh start. Will she be allowed to vote and speak on the floor? The Maine Wire could not find any explicit rule stating that punishment continues from session to session. We’re also aware that lawyers — professional and amateur — are poring over the question as it relates to Libby’s pending federal lawsuit. Speaker Fecteau and the House Democrats may need to hold a vote to re-affirm the punishment and gag order on Libby for this special session. It will be interesting to see how this plays out on the floor and what cards Republicans try to play. Democrats so far have done an excellent job boosting Libby’s profile and anchoring themselves to a policy 79 percent of American adults oppose.
Speaking of Fecteau, there are whispers in the halls of Augusta that he might be facing his own censure for dereliction of duty and failure to follow House Rules. House Rule 501 clearly states that, “Business may not be transacted in the House after the hour of 9:00pm.” Historically this rule has been ignored by Speakers of the House unless a member correctly guesses the exact time the Speaker’s watch says 9:01pm and attempts to invoke the rule.
This is a misinterpretation of House Rules. House Rules exist and do not need to be invoked or cited to have them take effect. They are always in effect unless they are suspended by a vote. The Presiding Officer of the House, in this case Fecteau, has the responsibility to call for a 2/3 vote to suspend the rules to continue working after 9pm. This has not happened under any Speaker in recent memory. The idea behind the rule is to prevent lawmakers from conducting business in the dark of night, which has become a bit of a habit in recent years, especially with controversial bills.
Republicans have had enough and might push back on Fecteau. His actions Thursday night may give credibility to a censure order for Ryan Fecteau. Rep. David Boyer (R-Poland) at 8:11pm on Thursday night tried to invoke the rule to not work after 9pm. The Speaker said that he needed to do that at 9pm exactly. Boyer’s request would have been a perfect time to hold a 2/3 vote to suspend the no work after 9pm rule. That opportunity was not taken because the Speaker did not have the votes. Boyer and Fecteau had a back and forth. Shortly after the House went on break before 9pm.
The House gaveled back in at 9:22pm. Rep. Shelley Rudnicki (R-Fairfield) immediately got the Speaker’s attention and again asked that the no work after 9pm rule be honored or at least a vote on it. Minority Leader Billy Bob Faulkingham (R-Winter Harbor) also inquired of Fecteau why they were not adhering to the no work after 9pm rule. Fecteau said that it was ‘suspended by implication’ meaning under Mason’s Rules of Legislative Procedure that the rule is suspended because no one challenged it. Boyer appealed the ruling of the Chair. The Speaker paused the House and ordered an unrecorded vote or a ‘Division’. Several members asked questions as they unsure on what they are voting on. Fecteau’s explanation sounded a lot like ‘Heads I win, tails you lose’ — but that kind of reasoning tends to carry the day when a party has the gavel.
The case for Fecteau’s censure will probably focus on the fact that you can’t suspend a ruling by implication when the last two actions in the House were to follow that specific rule. Sources were unsure as to when the motion to censure Ryan Fecteau will be out, but they have confirmed that it is in process. A successful censure order would require some Democrats to break ranks. Given the party’s remarkable ability to enforce partisan obedience, prospects for the censure are dim, regardless of the merits of the case.
The House and Senate will conduct usual business including votes on several bills that will likely provide for healthy floor debates.
The Maine Wire will be tracking all of tomorrow’s action in Augusta. Follow us on X and Facebook for the latest updates under the Dome.
