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.
White argues the question should be answered before the Secretary of State accepts or certifies any replacement nomination resulting from Saturday’s Democratic convention.
The request comes as Jackson enters the convention as the overwhelming favorite to replace former Democratic nominee Graham Platner, who withdrew from the race earlier this month. Jackson secured public backing from a majority of the convention’s delegates after several other Democratic contenders, including Shenna Bellows, Dr. Nirav Shah, Jordan Wood and Dan Kleban, ended their campaigns and endorsed him.
If nominated, Jackson will challenge Republican U.S. Sen. Susan Collins in one of the nation’s most closely watched Senate races.
White cites multiple provisions of 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.”
Jackson sought the Democratic nomination for governor earlier this year, appeared on the June primary ballot, and was defeated by Democratic voters. White argues that Jackson’s subsequent effort to become the Democratic nominee for U.S. Senate through the party’s vacancy process raises significant legal questions over whether he remains a “qualified person” under Maine law.
“The Department should resolve this question before accepting or certifying any replacement nomination,” White wrote.
Supreme Court decision cited
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.
An unsettled legal question
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.
Maine law also provides political parties with a process to replace nominees who withdraw after winning a primary, but the statutes do not specifically address whether someone who lost a different statewide primary may be selected as the replacement nominee. That ambiguity has become the focus of White’s request.
Election law experts could reasonably disagree on the interpretation, meaning the issue may ultimately have to be resolved administratively by the Secretary of State or through the courts if Jackson’s nomination is challenged.
Convention expected to nominate Jackson
The legal challenge comes as Democrats attempt to move past the collapse of Platner’s Senate campaign.
Platner withdrew after allegations of sexual assault surfaced following his victory in the Democratic primary. Since then, Democratic leaders and delegates have rapidly consolidated behind Jackson, the former Senate president and gubernatorial candidate, making him the clear favorite heading into Saturday’s special convention in Bangor.
Jackson has publicly secured support from a majority of the convention’s 601 delegates, positioning him to become the Democratic nominee unless another candidate stages an unexpected upset.
As of Friday afternoon, the Secretary of State’s Office had not publicly responded to White’s request or indicated whether Bellows intends to issue a formal legal opinion before Democrats vote on their replacement nominee.
If Bellows determines Jackson is eligible, the issue could still be challenged in court. Conversely, if she concludes he is ineligible, the decision could dramatically reshape the Democratic Party’s effort to field a candidate against Collins less than four months before Election Day.
