A group of Mainers who successfully petitioned to have a referendum question on voter ID have challenged Secretary of State Shenna Bellows’ final wording for the measure that is currently set to appear on the ballot this November.

The group has alleged that question, as drafted by Secretary Bellows’ Office, is leading and misrepresentative of the proposal’s nature.

Voter ID for ME is the ballot question committee behind Maine’s voter ID citizens initiative petition that ultimately gathered over 170,000 signatures, more than twice the threshold necessary to bring forward a proposal.

Filed in Cumberland County Superior Court on Monday, the supporters’ challenge alleges that the Secretary of State’s question “misrepresents” the proposal and “buries its core intent behind a string of technical and inflammatory clauses,” according to a statement.

Led by Dinner Table Action Executive Director Alex Titcomb and Rep. Laurel Libby (R-Auburn), the effort to get a voter ID question on the ballot was accomplished with minimal funding and hundreds of volunteers, organizers say.

“Maine voters deserve a clear, honest question—not a partisan editorial from an
official who’s already made her opposition clear in the press and in legislative
testimony,” said Alex Titcomb, the lead petitioner and campaign manager for Voter
ID for ME.

“When government officials use their power to mislead the public about a citizen
initiative, it’s not just dishonest—it’s undemocratic,” Rep. Libby said.

According to the challengers, Bellows’ question allegedly “fails to meet the constitutional and statutory standards of clarity, accuracy, and impartiality.”

As explained in their Monday statement, the filing also contends that Bellows used “vague and confusing language.”

It is also suggested that this is the longest ballot question in Maine’s history, found to be 30 percent longer than the text of any “past initiative.”

The final ballot question, as currently drafted by Bellows, reads:

“Do you want to change Maine election laws to eliminate two days of absentee voting, prohibit requests for absentee ballots by phone or family members, end ongoing absentee voter status for seniors and people with disabilities, ban prepaid postage on absentee ballot return envelopes, limit the number of drop boxes, require voters to show certain photo ID before voting, and make other changes to our elections?”

[RELATED: Shenna Bellows Releases Final Questions Wording for Voter ID Referendum Question]

Voter ID for ME’s press release further explains that the challenge cites statements from Bellows criticizing voter ID where she was said to have argued that such policies are rooted in “white supremacy” and constitute “voter suppression,” alleging that this “reflect[s] an entrenched bias” that compromised her ability to act fairly.

The proposed measure, if enacted, would require voters to present a photographic ID or otherwise prove their identity in order to cast their ballots.

To minimize financial barriers, the legislation drafted to accompany this measure would require the state to issue free nondriver identification cards to eligible residents without a Maine driver’s license.

Voters without photo identification would be able to cast a challenged or provisional ballot with the caveat that they must provide proper ID within four days post-election for their vote to be counted.

Religious exemptions for those will moral objections to being photographed can be obtained through an affidavit process, wherein they must cite their beliefs and provide the last four digits of their Social Security number for verification.

This bill also aims to change Maine’s election laws with respect to absentee voting, including by rolling back certain provisions and by implementing new regulations.

One way that this bill looks to amend the absentee balloting process is by preventing municipalities from having more than one absentee ballot drop box within their jurisdiction, as well as by requiring that a “bipartisan team of election officials” possess the drop box key.

Voters would also be barred from requesting absentee ballots over the phone, something that is currently permissible under state law.

Additionally, should this bill be approved, the statute allowing voters to automatically receive absentee ballots for each election without needing to submit separate requests would be repealed.

[RELATED: Opposing Sides Testify on Voter ID Initiative that Would Bring Maine into Alignment with Most of America, and Almost All of Europe]

As a result of this challenge, the petitioners are hoping to have the court force Bellows to redraft the ballot question before it goes in front of voters later this year.

“We are seeking a court order requiring the Secretary to revise the ballot question to
comply with statutory and constitutional standards before it appears on the November
ballot,” said Titcomb.

Under Maine State Law, a final court ruling must be issued within 40 days of May 5, when the Secretary of State first released the official question wording.

Libby Palanza is a reporter for the Maine Wire and a lifelong Mainer. She graduated from Harvard University with a degree in Government and History. She can be reached at palanza@themainewire.com.

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