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3 hours ago
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Trump administration requested voter data. Secretary Bellows says, ‘Go jump in the Gulf of Maine'
Shenna Bellows waits outside the Maine House of Representatives chamber before legislators elected her to serve another term as Secretary of State. (Photo by Jim Neuger/Maine Morning Star) The U.S. Department of Justice asked Maine Secretary of State Shenna Bellows to provide access to the state's voter registration list and other sweeping election data. Bellows told Maine Morning Star she will respond in the next few days by telling the DOJ that it does not have the right to such information. 'The federal government has overstepped its bounds,' Bellows said. 'We will be denying their request for the citizen voter information of every Mainer.' Bellows said, according to the National Association of Secretaries of State, the DOJ is asking for voter information from all 50 states. Maine Morning Star's partner outlets have been following these probes in at least nine other states so far. 'Why on Earth does the Department of Justice need the voter information from all 50 states?' Bellows said. 'If Congress thought it was appropriate that there be a national voter file, Congress could have authorized the Department of Justice to do that, but they have not.' The latest request in Maine follows a less expansive inquiry earlier this month. In a July 10 email, Scott Laragy, principal deputy director in the Executive Office for United States Attorneys, requested a phone call with Bellows to discuss a 'potential information-sharing agreement' to provide the DOJ with information on registered voters in Maine who are ineligible to vote or 'may otherwise have engaged in unlawful conduct relevant to the election process.' The Department of the Secretary of State sent a response acknowledging receipt of the email that same day. Then, on July 24, the Civil Rights Division of the DOJ sent a vastly more detailed request for specific data, including the statewide voter registration list, names of officials who handle the list's maintenance and the number of ineligible voters the state identified due to noncitizenship, among other information about the state's election processes. 'We don't know why they're doing this, whether it is to change the subject away from topics like the Epstein files, or whether it is to undermine voter confidence in our strong election systems,' said Bellows, a Democrat who is running for governor in 2026. But it doesn't matter why, she said, it violates the U.S. Constitution, which puts states in charge of elections. The DOJ declined to answer Maine Morning Star's requests for comment on the emails regarding why the administration is seeking the information and how it intends to use it. DOJLetter During Trump's first term, Bellows' predecessor Matt Dunlap denied Trump's voter fraud commission access to the state voter file, which Bellows said was the correct move. Dunlap served on the panel and after it was disbanded said it was set up to validate Trump's voter fraud claims. He did not respond to requests for comment for this story. 'The secretary of state at the time of the state of Mississippi, Delbert Hosemann [a Republican], told the DOJ to go jump in the Gulf of Mexico,' Bellows added. 'My answer to the DOJ is, 'Go jump in the Gulf of Maine.'' While Bellows intends to tell the DOJ they have no right to the information, it is due within 14 days of receipt, according to the letter which came from the division's Deputy Assistant Attorney General Michael Gates and Acting Chief of the Voting Section Maureen Riordan. The requests are for data specifically from November 2022 through the receipt of the letter. One of the demands is the number of registered voters identified as ineligible to vote in Maine for that time period specifically because of the following reasons: 'non-citizen,' 'adjudicated incompetent,' and 'felony conviction.' Maine is one of two states that have no restrictions on eligibility to vote based on criminal convictions. For each of these categories, the DOJ also requested the individual's registration information on the statewide voter registration list, including their vote history. The requests in other states have ranged in scope. Other states received 'information-sharing agreement' inquiries, including nearby Rhode Island. Meanwhile, at least nine states have received requests from the DOJ for more detailed voter information like the latest in Maine, such as turning over full voter registration lists and each state's process for flagging noncitizen applicants. These nine states include Alaska, Arizona, Minnesota, Nevada, New Hampshire, New York, Pennsylvania, Wisconsin and Colorado — the latter being the most sweeping publicly known request. The DOJ is demanding Colorado turn over all records related to the 2024 election, a massive trove of documents that could include ballots and even voting equipment. These requests have raised fears about how the Trump administration plans to use the information. Jen Lancaster, communications director for Democracy Maine, a collaboration between nonpartisan organizations working to make government more equitable by improving elections, protecting and engaging voters, described the probes as 'a nefarious data grab' that is likely intended to target groups that have already been subject to other data probes by the Trump administration, such as immigrants. 'We hope that our election officials, if it came down to being pushed to share that sensitive data, we would hope that they resist that,' Lancaster said. The latest request of Maine cites state data provided for the election administration and voting survey conducted by the Election Assistance Commission, an independent agency of the U.S. government created by Congress in 2002 to aid the states in conducting safe and secure elections. For example, the letter noted that Maine's survey response showed that there were nearly as many registered voters listed as active as the citizen voting age population in Maine in 2024, with a registration rate of 92.4%. The letter went on to request further details about the state's response, such as information about the actions Maine is taking to ensure that ineligible voters are being removed and a list of all duplicate registrants the state has removed. Secretary of State finds dual voting accusations from Maine GOP to be false 'Again, the Trump administration and the DOJ are blurring the lines and overstepping their bounds,' Bellows said in response to these asks. '… We are proud of our high voter registration rates. I work hard on school campuses, in community outreach events, to promote voter registration.' Bellows added, 'The nature of these questions suggest that the DOJ is more interested in keeping people that they don't like from voting than promoting voter registration and participation.' The DOJ requests for Maine voter data come after the state GOP accused multiple Maine citizens of voting twice in the same election, claims that Bellows determined to be false earlier this month. The state party, along with the help of the Republican National Committee, found more than 600 voters who registered to vote twice and more than 50 who voted twice in the same election, using a state voter file provided by the Secretary of State, according to details shared in a June 26 Facebook post. According to Bellows' office, of the 51 names in question, 11 were different people with the same name and another 19 were erroneously recorded by their local municipality as having voted twice but in fact had not. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
4 days ago
- Politics
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Maine's democracy is strong despite socioeconomic barriers to access, report finds
People emerge from the Besse Building after casting their ballots in Albion, Maine on Tuesday, November 5, 2024. (Photo by Michael G. Seamans/ Maine Morning Star) Maine's democracy remains among the most accessible and resilient in the nation, with strong voter turnout, a largely representative state legislature, and an increased shift toward clean elections, despite some socioeconomic inequities in voting. That's according to the 2025 State of Democracy in Maine report, compiled by the League of Women Voters of Maine, Maine Citizens for Clean Elections, and Maine Students Vote, which offers an assessment of several areas of the state's democratic health — voter turnout, clean elections, campaign finance, government transparency and accountability. 'Despite some areas for improvement, we want Mainers to feel very confident in their democracy and that they should feel proud of where we stand,' said Jen Lancaster, communications director for Democracy Maine. Maine has made progress over the years in improving accessibility for elections, leading to one of the highest voter turnouts in the country in recent elections. But people that are engaged in local, state and national elections still represent homeowners, wealthier communities and tend to not include the state's diversifying population, the report found. Some other barriers to a healthy democracy include inaccessible county government systems and an overburdened judicial system. Despite steady gains in gender parity — women now hold 41% of legislative seats, up from 27% two decades ago — the Maine Legislature remains disproportionately composed of older, wealthier white men, according to the report. Baby boomers make up nearly 60% of legislators, compared to 36% of the population. Structural barriers such as low legislative pay and lack of child care might be disproportionately affecting women and younger candidates, the report says. However, Maine's cabinet under the state's first female governor, Janet Mills, has reached gender parity and beyond: women now hold 55% of executive leadership roles, a first in state history. And the efficiency gap — a standard for measuring how closely the partisan makeup of an elected body matches its voter base — is less than 1% for both the House of Representatives and Senate, meaning that the partisan makeup of the state legislature closely reflects the partisan split in votes cast, the report found. A high efficiency gap is indicative of gerrymandering. Maine continues to lead the nation in voter participation, ranking third nationwide with a 74.8% turnout rate in the November 2024 election (which was a bit lower than the record-setting 2020 turnout). Youth participation also outpaces the national average: 60% of young people aged 18-29 voted in 2024, second only to Minnesota. But the report also found that voter turnout in the poorest House districts across the state, including some large diverse areas such as Lewiston, was half that of the wealthiest ones, such as Falmouth or Cape Elizabeth. Renters and residents of high-poverty districts were significantly less likely to vote, suggesting structural barriers to participation. Lancaster said that voter turnout varying by home ownership in particular was a surprising finding of the report. Renters are more likely to face residential instability, which makes it harder to know where and when to vote and to connect with local political issues and candidates, according to the report. For renters who move frequently, updating their voter registration address might also be an additional barrier. Maine is one of only two states — alongside Vermont — that allow incarcerated citizens to vote and is one of 14 states that does not require photo ID at the polls. These rules, along with same day voter registration, online voter registration, and absentee ballot drop boxes have helped keep turnout high. Maine Supreme Judicial Court upholds voter ID ballot question language But the 'Voter ID for Maine' initiative that will appear on the November 2025 ballot threatens to roll back many of these gains. The conservative Dinner Table PAC launched the campaign in April 2024 as an effort to require voters to show photo identification at the polls, citing concerns of voter fraud. However, the official five-page petition submitted to the state in January seeks to change several additional aspects of Maine election law. If passed, the referendum would impose strict ID requirements, limit absentee voting access, and repeal ongoing absentee voter status for seniors and voters with disabilities. The League of Women Voters of Maine labeled the initiative an example of voter suppression. While Maine has made notable strides in election transparency and access, the report flags county governments and probate courts as stark exceptions. Unlike other branches of government, these institutions operate with limited public oversight, outdated online presence, and inconsistent transparency standards. County government is responsible for staffing jails, sheriffs offices, district attorneys offices and spending of federal funds, such as American Rescue Plan funds and some of the opioid settlement money the state has received. But people who run for county commissioner, sheriff and district attorney are often uncontested, the report found. In the last decade, only 35% of district attorney races had more than one candidate on the ballot. In sheriff races, only 28% were contested. In the last three elections, only 40% of county commission races were contested, and three races had no candidate on the ballot. Information about county government meetings, financial audits or services is hard to get online, with website quality often being poor, the report also found. Probate courts, which operate outside of Maine's judicial system, also vary widely in how they manage case information and public records. Some counties lack even basic digital access to court schedules or decisions. SUPPORT: YOU MAKE OUR WORK POSSIBLE Solve the daily Crossword
Yahoo
16-07-2025
- Politics
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Secretary of State finds dual voting accusations from Maine GOP to be false
A voter walks by a ballot box outside Portland City Hall on Election Day, Nov. 5, 2024. (Photo by Lauren McCauley/ Maine Morning Star) After investigating the recent accusation of multiple Maine citizens voting twice in the same election, the Secretary of State's office has said it found the claims to be false. In a letter to the chair of the Maine Republican Party, Secretary of State Shenna Bellows said the Elections Division in her office found no incidents of dual voting among the list of 51 names accused by the party of voting twice in the same election. The investigation from Bellows' office comes after the Maine GOP released the results of an election integrity investigation it conducted this year that focused on voters who were registered to vote twice. The state party, along with the help of the RNC, found more than 600 voters who registered to vote twice and more than 50 who voted twice in the same election, using an official state voter file provided by the Secretary of State, according to details shared in a June 26 Facebook post. Of the 51 names in question, 11 were different people with the same name and another 19 were erroneously recorded by their local municipality as having voted twice but in fact had not, according to a news release from Bellows' office Wednesday morning. The rest of the voters' records needed minor corrections or other administrative action, but had no record of dual voting. For example, there was an individual accused who voted in the municipal and state elections in June 2024, which are technically separate elections even when held on the same day. Bellows said anyone with concerns or evidence of improper voting should bring those to the Department of Secretary of State to investigate in accordance with the Constitution. She went on to say that 'it's not only unfair to the individuals wrongly accused but also an insult to the hardworking state and local election officials to make false accusations of criminal activity.' The Maine GOP did not respond to a request for comment on Bellows' letter as of mid-Wednesday. The June accusations came less than a year after accusations of non-citizen voting across the country from Republican lawmakers and candidates before the November 2024 election. State lawmakers in Maine joined the chorus after a conservative news outlet published an article alleging six noncitizens are registered to vote in Maine by comparing voter rolls against self-reported status on medical records, which the website refused to turn over to the state's constitutional officers. Bellows said at the time that she was committed to investigating the potential violations, but worried that the largely unsubstantiated claims will be used to sow doubt in the upcoming election results. Election officials in Maine inspect voter rolls after every election to identify duplicates or any potential wrongdoings, the release said. After the 2020 election, two individuals were identified during that process as having voted twice and were prosecuted by the Maine Office of Attorney General. Routine election work also includes the review of duplicate registrations, which are not uncommon, especially after someone moves to a new municipality. The Secretary of State provides an annual report to the Maine Legislature outlining the cancellation of duplicates and other voter list maintenance. The 2024 report was delivered to the Legislature's Veterans and Legal Affairs Committee in January. It indicated that nearly 1,200 duplicate records were removed from the statewide voter registration database. Duplicate records are resolved by Elections Division staff at the Secretary of State's office — rather than municipal clerks who can only access their towns records — to ensure uniformity across the state, the release said. 'We are proud of Maine's safe, free, and secure elections, and I applaud the detailed work that Maine election officials do to ensure the integrity of our voter rolls and protect Maine elections,' Bellow said in the letter. SUPPORT: YOU MAKE OUR WORK POSSIBLE Solve the daily Crossword
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24-06-2025
- Politics
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Republican Sen. Rick Bennett announces independent bid for Maine governor
Sen. Rick Bennett (R-Oxford) addresses the upper chamber on May 7, 2025. (By Emma Davis/ Maine Morning Star) After decades of public service as a Republican, state Sen. Rick Bennett of Oxford announced on Tuesday that he is running for governor as an independent. 'My candidacy is not an indictment of either party,' Bennett told Maine Morning Star in an interview. 'It's an indictment of the party structure and parties as the solution to solving our problems.' Calling his independent bid liberating, Bennett said he intends to take his message — one of fiscal responsibility — directly to Maine people and not a subset of the electorate, an approach he sees as a return to Maine's independent tradition. 'I see politics beginning to slide more towards the politics of Washington,' Bennett said, 'and I think we have the opportunity as Maine people to say no to that.' A lifelong Mainer, Bennett currently serves as Oxford County's senator, a term he plans to finish in 2026 to total 18 combined years of nonconsecutive service in the Maine House of Representatives and Senate, including formerly serving as Senate president. He's vied for higher office before. Running as a Republican, Bennett narrowly lost a bid for Maine's 2nd Congressional district in 1994 and a primary race for U.S. Senate in 2012. He then went on to chair the Maine Republican Party from 2013 to 2016, casting a vote for President Donald Trump the year of his exit as the party's elector. But his votes in the Legislature in recent years position him as one of the most bipartisan legislators. Bennett said he doesn't think he's changed his views much throughout his time in public office. Rather, he thinks the Republican Party, and politics more broadly, has embraced a toxicity that detracts from what he sees as the most pressing issues facing the state: declining quality education, a lack of access to health care particularly in rural areas and affordable housing. 'A lot of the energizing elements in the Republican Party are not what I think respond to the needs of a lot of Maine people,' he said. Bennett offered a similar critique amid the state budget debate in March. One of two Republicans to vote for a proposed change package that sought to address the urgent MaineCare deficit, Bennett told Maine Morning Star at the time that he was concerned about the growing demand for fidelity in politics entering Maine. 'There's an element in the Republican Party and the Republican caucuses that is sort of feeding off the chaos and disruptive energies of Donald Trump,' Bennett said, 'and it's really not a good thing to see.' That supplemental budget ultimately failed after opposition from others in his caucus who refused to back it without structural reform to the program, which is Maine's version of Medicaid. Later in March, Bennett voted against the two-year budget, as well as the addition passed last week. However, he was a rare voice among Republicans in not objecting to the budget being something largely crafted and advanced by Democrats, the majority party. 'We think about these things in partisan terms far too much,' he said in March. 'I object to this budget because it represents a dramatic failing of the Legislature to do its job.' Reiterating the reform he's long pushed for, Bennett said in an interview ahead of announcing his gubernatorial bid that, if elected, he would push for the Legislature to overhaul its budget process, specifically by building in opportunities to re-evaluate baseline spending, which the budget plan passed in March continued as is. While ultimately joining Republicans in opposing the budget plans for the next biennium, Bennett is no stranger to bucking his party. Recently, he joined Democrats in voting against a bill to ban transgender girls from playing girls sports or using girls bathrooms or locker rooms, as well as a slate of other proposals that sought to roll back protections for trans Mainers. While stating that he was initially unsure how he would vote, Bennett said in a speech on the Senate floor that he shared the proposals with his daughter, Abby, describing her as an accomplished athlete. 'Her response was simple and struck me deeply,' Bennett said. 'She said, 'These bills make me sad.' Her feelings gave me permission to be honest about mine too. I feel sadness that these are before us… I'm saddened by the hardening of silos and the temptation to stigmatize those who are different.' Bennett also joined Democrats in voting for a bill to restrict local authorities from carrying out federal immigration enforcement, specifically raising concern that municipalities would be on the hook to pay for their local police taking on federal immigration enforcement work, expanding their legal risk with no compensation. 'I, for one, am concerned about the use of Maine resources and the taking of those resources for activities that are governed by whatever party is in the White House,' he said on the Senate floor. 'We need to focus on Maine.' Bennett has championed the Wabanaki Nations' push for state recognition of their sovereignty, sweeping reform that current Democratic Gov. Janet Mills has opposed. He's also taken interest in laying the groundwork for a four-day work week and eliminating daylight saving time, though such a change would be contingent on federal approval. Bennett has also advocated for significant campaign finance reform, which, as he put it, is 'unfortunately one of the things that the Republicans and Democrats agree on in Augusta.' This year, the Legislature rejected a bill Bennett proposed to offer Mainers transparency regarding who spends money in elections by requiring political action committees to disclose their donors over $5,000. The proposal was based on an Arizona law that has already been tested in and held up by the courts. In 2023, Bennett also chaired the ballot question committee for a referendum Maine voters passed to ban companies from spending money on referendum campaigns if they are partially owned by a foreign government or entity. He also supported the referendum passed last year to place a $5,000 limit on super PACs, which are independent political action committees that can currently raise and spend unlimited funds. However, both of those reforms were blocked as legal battles play out in the courts. While Bennett has previously run his campaigns under the Maine Clean Elections Act, which offers full public financing of political campaigns, he said he will not be doing so for his gubernatorial bid, noting the currently inadequate funding for the program and higher qualifying contribution requirements for governor that he sees as difficult to achieve without the backing of a political party. A bill the Legislature passed, which Bennett supported, could also change how Mainers cast their votes in the gubernatorial race in 2026. It currently awaits the governor's approval. LD 1666 would expand ranked-choice voting, which allows voters to rank candidates by preference, for general and special elections for governor and state legislators. RCV is currently used for federal elections and gubernatorial and state-level primary elections in Maine. 'I wasn't wild about ranked-choice voting but the voters of Maine said twice that they want it,' Bennett said, referring to Mainers initially voting the system into law and later expanding it. 'So, I have been supporting it and trying to make it work.' Though, Bennett declined to comment on how he thinks the expansion of this voting method would impact the governor's race. The Republicans currently running for governor are state Sen. James Libby of Cumberland, Robert Charles of Bangor, who worked in the federal government during the George W. Bush administration, Navy veteran Steven Christopher Sheppard, also of Bangor, Kenneth Capron of Portland, David John Jones of Falmouth, Owen McCarthy of Gorham, Democratic contenders include Secretary of State Shenna Bellows, former Senate President Troy Jackson and the children of two of Maine's current members of Congress, Hannah Pingree, also the former head of Gov. Janet Mills' Office of Policy Innovation and the Future, and Angus King III. There is also one other unenrolled candidate so far, Alexander Kenneth Murchison of Dover Foxcroft. The Republicans currently running for governor are state Sen. James Libby of Cumberland, Robert Charles of Bangor, who worked in the federal government during the George W. Bush administration, Navy veteran Steven Christopher Sheppard, also of Bangor, Kenneth Capron of Portland, David John Jones of Falmouth, and Owen McCarthy of Gorham. Democratic contenders include Secretary of State Shenna Bellows, former Senate President Troy Jackson and the children of two of Maine's current members of Congress, Hannah Pingree, also the former head of Gov. Janet Mills' Office of Policy Innovation and the Future, and Angus King III. There is also one other unenrolled candidate for governor so far, Alexander Kenneth Murchison of Dover-Foxcroft. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
13-06-2025
- Politics
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Ban on state seizure of Wabanaki land passes Legislature, but likely to be vetoed
William Nicholas, chief of the Passamoquoddy Tribe at Indian Township, testifies in support of prohibiting eminent domain on tribal lands before the Judiciary Committee on April 4. (Emma Davis/ Maine Morning Star) Legislation that would prevent the state from being able to seize tribal land for public use passed with bipartisan support in the Maine Legislature Friday, winning over many Republicans who generally were less supportive of previous attempts to provide the Wabanaki Nations greater sovereignty. However, initial votes show that support may not be enough to override an expected veto from Gov. Janet Mills. With 11 Republicans joining the Democratic majority, the Maine House of Representatives voted 86-60 on Friday in favor of the bill, preceded by ample debate. The Senate followed suit with a 20-12 vote but no discussion. However, a two-thirds vote in both chambers would be needed to override a veto. LD 958, which has bipartisan co-sponsors and received a favorable committee vote, would prohibit the state from exercising something called eminent domain on current trust and reservation land. 'This is an issue that small government conservatives and civil justice liberals can agree on,' bill sponsor House Minority Leader Billy Bob Faulkingham (R-Winter Harbor) told Maine Morning Star. However, others in his caucus spoke against the bill during floor debate, highlighting that their opposition to this issue is attached to their overall opposition to tribal sovereignty efforts. 'I cannot support this measure because I believe the issue is an issue to some degree less about eminent domain than it is about tribal sovereignty,' Rep. Ken Fredette (R-Newport) said. Fredette went on to compare the Wabanaki Nations to states and municipalities. Governor opposed to latest change to Settlement Act backed by Wabanaki Nations 'Our states are not absolute sovereign from our federal government,' Fredette said. 'Our towns are not absolute sovereign from the state in and the reality is that the tribes are not absolutely sovereign from the state of Maine.' Most other federally recognized tribes are already afforded protection against states being able to seize tribal land for public use. However, the Wabanaki Nations are not, due to repercussions from the 1980 Maine Indian Claims Settlement Act. This land settlement agreement has resulted in the tribes being treated more akin to municipalities than sovereign nations like other federally recognized tribes. Overhauling this act in its entirety is the Wabanaki Nations' broader goal for greater recognition of their sovereignty. The U.S. government can seize private property for public use, a principle known as eminent domain, however that authority is restricted by the Fifth Amendment of the U.S. Constitution, which requires just compensation for land taken, as well as some federal laws. In 1834, the federal Indian Nonintercourse Act prohibited land transactions with tribes unless authorized by Congress, but the Settlement Act specified that that federal law was not applicable to the Wabanaki Nations. 'As an ardent supporter of the Constitution and the Bill of Rights I stand opposed to the government taking people's property through eminent domain,' Faulkingham said. 'It is even more egregious to threaten seizure of property from sovereign tribes who have suffered from historic injustices of land seizures in the past.' LD 958 would amend the Settlement Act to prohibit the state from exercising eminent domain on trust and reservation land, which is protected under federal law, though fee land — or private property for which the owner owns the title — would still be subject to the state taking. The bill would also amend the 2023 Mi'kmaq Nation Restoration Act to make this change for the fourth Tribe of the Wabanaki Nations, the Mi'kmaq Nation, which wasn't included in the Settlement Act. 'I feel like this is a no brainer,' Executive Director of the Wabanaki Alliance Maulian Bryant told Maine Morning Star. 'We should have tribal land protected from state seizure, just like other tribes around the country.' Throughout committee consideration of the bill, it was amended to incorporate a proposed change from the Maine State Chamber of Commerce that the prohibition would only apply to current reservation and trust lands, and not land that may be put into trust in the future. Each of the Wabanaki Nations are eligible to acquire up to 150,000 acres of trust land in specific areas identified in the Settlement Act. Several tribes have already acquired most of that. While the Judiciary Committee accepted that amendment, Passamaquoddy Tribal Rep. Aaron Dana, who is on the committee, told Maine Morning Star that some tribal leaders believed that compromise shouldn't have been made. 'We don't want to keep negotiating away everything,' Dana said. 'We've been negotiating everything away since the 1980s.' 'What we don't know is what we don't know,' Fredette said on the floor. 'Would we, as a state, for the best interest of the state, require a sliver of a piece of land? I don't know the answer to that.' Fredette repeated many of the same talking points that the governor's counsel, Jerry Reid, told the Judiciary Committee during a work session in which he shared that Mills is opposed to the bill. After not testifying during the bill's public hearing, Reid said on April 9 that Mills is concerned the bill could prevent the state government from addressing unpredictable future infrastructure needs, an issue also raised in written testimony from the Maine Department of Transportation. When pressed by committee members, Reid said he didn't have a specific example of an infrastructure project that would warrant seizing tribal land but that, 'We need to write the law mindful of the potential for problems.' Republican Sen. David Haggan of Penobscot, who was one of four committee members to vote against the bill in committee, invited Reid and Tim Woodcock, attorney with Eaton Peabody, to provide a question and answer session about the bill, which was only attended by Republican legislators on May 8. A handout from that meeting listed similar key points, pointing to uncertain future needs and arguing that the state needs to be mindful of the interests of the 1.4 million non-tribal Maine citizens, as well. 'Informational sessions like this are not unusual,' the governor's press secretary Ben Goodman said when asked why the session was held. So far, sweeping changes to the Settlement Act have failed due to opposition from Mills, though an omnibus sovereignty bill has been carried over into next year. Instead, the governor, lawmakers and Wabanaki leaders have successfully made some targeted adjustments, including expanding tribal authority to prosecute crimes last year. Craig Francis, a tribal attorney and Passamaquoddy citizen, told Maine Morning Star that the Wabanaki Nations hadn't expected the eminent domain issue to garner the pushback from the Mills administration that it has. 'We're trying to approach change that way because of what the governor has laid that out as a path forward,' Francis said, referring to the piecemeal approach. 'We didn't really see eminent domain as that big of an issue as her office is making it out to be.' The state has not exercised eminent domain over tribal lands since the Settlement Act, a point Fredette also made on the House floor. This also means that, currently, the state's ability to exercise eminent domain over tribal lands is not actually clear. 'I suspect that even if the state were going to attempt to take a piece of tribal land by eminent domain, it would be sufficiently litigated frankly for years before that were to happen,' Fredette said on the floor, 'and so I think this is a bill that's in search of a problem.' Meanwhile, Francis said the likelihood of litigation is a reason to clarify rights now in the bill. 'It leaves open legal questions that ultimately will end up having to be resolved by a court,' Francis said. 'We're trying to resolve it amicably because there's always room for conversation in the future if [the state] needed land.' SUPPORT: YOU MAKE OUR WORK POSSIBLE
