Maine Secretary of State Shenna Bellows this week announced the order in which the two statewide referendum questions will appear on this November’s ballot, assigning numbers to each.
First on the ballot will be the voter ID citizens initiative advanced by Dinner Table Action Executive Director Alex Titcomb and Rep. Laurel Libby (R-Auburn).
The second of the two referendum questions on the ballot is a citizens initiative establishing a Red Flag Law brought forward by the Maine Gun Safety Coalition.
Both are politically-charged questions that will in all likelihood be the subjects of intense voter education and persuasion campaigns over the next ten weeks. If the past is any indication, this campaigns on either side will for the sake of brevity be branded around “Question 1” and “Question 2.”
Question 1
“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?”
This measure, if enacted, would require voters to present a photographic ID or otherwise prove their identity in order to cast their ballots.
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. Voters with objections to photography must submit an affidavit citing their beliefs and provide the last four digits of their Social Security number for verification.
To minimize financial barriers, the legislation requires the state to issue free nondriver identification cards to eligible residents without a Maine driver’s license.
[RELATED: Mainers to Decide on Voter ID Laws This November]
If approved, Maine would become the 36th state to implement voter ID requirements, bringing the state into alignment with emerging trends in America and Europe.
While supporters of voter ID laws have argued that it’s a common sense measure, opponents have suggested that it represents a form of voter suppression.
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.
[RELATED: Civic Group Challenges Shenna Bellows in Court Over Wording of Voter ID Referendum Question]
For example, voters would be barred from requesting absentee ballots over the phone, something that is currently permissible under state law.
It also seeks to repeal the statute allowing voters to automatically receive absentee ballots for each election without needed to submit separate requests.
Additionally, municipalities would be prevented from having more than one absentee ballot drop box within their jurisdiction, and a “bipartisan team of election officials” would be required to possess keys to the drop box.
[RELATED: Maine Supreme Court Upholds Shenna Bellows’ Wording of Voter ID Referendum Question]
Earlier this year, the wording of this question was challenged in court for allegedly misrepresenting the initiative and being overly confusing.
In July, the Maine Supreme Court upheld the question as drafted by Secretary Bellows, arguing that “a ballot question is fatally misleading only if a voter would be led to vote contrary to the voter’s intent,” which the justices don’t believe would be true in this case.
As a result of this ruling, the question wording remained unchanged from that which was released by the Secretary of State in May.
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Question 2
“Do you want to allow courts to temporarily prohibit a person from having dangerous weapons if law enforcement, family, or household members show that the person poses a significant danger of causing physical injury to themselves or others?”
Otherwise known as an “Extreme Risk Protective Order” (ERPO), a Red Flag law empowers law enforcement to disarm an individual who family members, friends or others say poses a risk to themselves or the community at large.
If approved, Maine would join a coalition of 21 other states that currently have Red Flag, or ERPO, laws in effect.
In 2020, the Sportsman’s Alliance of Maine (SAM) worked together with Governor Janet Mills (D) to pass a unique Yellow Flag law, which is also intended to remove firearms from individuals who might use it to harm themselves or others.
This specially-tailored measure that also takes risk into account, seen by some as a compromise move, acknowledges the danger posed by mentally ill persons having access to a gun, requires an evaluation of mental illness before authorities can act.
Use of this existing Yellow Flag law increased significantly in the wake of the 2023 deadly mass shooting in Lewiston.
[RELATED: Maine Gun Owners Leery of Rising Red Flag Campaign Six Months Before November Referendum]
The proposed Red Flag law would allow relatives to directly petition courts to take away a person’s guns if they feel their family member poses a threat.
Barring certain circumstances, a hearing would be held within 14 days of the petition being filed, during which petitioners would bear the burden of proving the individual in question poses a threat. During these proceedings, the individual would have a right to legal representation.
An ERPO could then be issued if “respondent poses a significant danger of causing physical injury to the respondent or to another person by purchasing, possessing or receiving a dangerous weapon or by having or attempting to have custody or control of a dangerous weapon.”
The ERPO would be valid for a period of up to one year, during which time, the individual would be barred from owning, buying, or otherwise possessing a weapon.
Respondents may file motions to terminate ERPOs under the proposed law, and petitioners may file motions to renew.
Once an ERPO expires, any weapons surrendered must be returned to the individual within three days.
If approved, the State Court Administrator would be required to submit an annual report to the Legislature detailing the number of petitions filed and the amount of ERPOs granted, among other things.
Previous efforts to pass Red Flag laws through the legislature have failed on multiple occasions.
