State Rep. Elizabeth Dickerson of House District 93 resigned from the Maine House of Representatives, saying she has decided to move to another state.

Secretary of State Matt Dunlap set a special election to fill Dickerson’s seat for March 10, 2015.

Candidates must be nominated by February 9, 2015.

The first regular session of the 127th Maine Legislature convened on December 3, 2014. Legislators were sworn in by Gov. Paul LePage, including Republican Cathy Manchester.

Manchester was given a provisional seat in the Senate pending the resolution of the disputed election results from state Senate District 25. A special committee will review the results next week and determine the true victor.

In closing the swearing in ceremony, LePage said, “Sharpen your pencils and let’s get to work.”

Photo of the Maine State House by Albany NY on Wikimedia Commons.

The Maine Ethics Commission voted unanimously on August 27, 2014, to no longer enforce certain provisions of Maine’s campaign finance law. This vote is a result of a federal court ruling enjoining the per-election contribution limit as applied to independent candidates in the state’s upcoming gubernatorial general election. The federal judge who issued the ruling mandated a commission vote on the issue no later than August 29, 2014.

The commission decided donors to other state gubernatorial candidates, including current governor Paul LePage, could give a total of $3,000 to each candidate for the full election cycle. The decision by the commission only applies to the 2014 gubernatorial election.

Permanent changes to state campaign finance law must come from the Legislature.

U.S. District Court Judge D. Brock Hornby ruled in favor of four supporters of independent gubernatorial candidate Eliot Cutler who sued the state of Maine, alleging minor parties are at a disadvantage under sections 1015(1) and 1015(2) of Chapter 21-A of the Maine Revised Statutes. These provisions of law impose a per election limit of $1,500 per individual or entity.

Hornby granted a preliminary injunction, reasoning the per election limit unconstitutionally applied to supporters of Cutler. This ruling effectively allows supporters of Cutler to increase their contributions to $3,000 during the upcoming general election.

Whether the ruling will be appealed by the state is unclear.

A ruling is expected in the coming days in a federal lawsuit challenging certain provisions of Maine’s campaign finance law.

Four supporters of gubernatorial candidate Eliot Cutler sued the state of Maine, alleging minor parties, including independent candidates, are at a disadvantage under sections 1015(1) and 1015(2) of Chapter 21-A of the Maine Revised Statutes. These provisions of law limit political contributions to a gubernatorial candidate from an individual, political committee, corporation, or business entity to $1,500 in any election.

Cutler is running as an independent and therefore did not participate in a primary election. As a result, the law only allows Cutler to collect $1,500 per contributor because he will only participate in the general election.

The plaintiffs are seeking both a preliminary and a permanent injunction to stifle enforcement of the $1,500 per election limit as applied to independent candidates. If U.S. District Judge D. Brock Hornby decides to enjoin the law, the injunction will apply to the 2014 election cycle.

A federal lawsuit was filed July 7, 2014, challenging certain provisions of Maine’s campaign finance law. Sections 1015(1) and 1015(2) of Chapter 21-A of the Maine Revised Statutes limit political contributions to a gubernatorial candidate from an individual, political committee, corporation, or business entity to $1,500 in any election. Therefore, a candidate can collect a total of $3,000 from each contributor because there are ordinarily two elections – a primary election and a general election.

The lawsuit, filed by four supporters of gubernatorial candidate Eliot Cutler, alleges this provision of law is unconstitutional on First and Fourteenth Amendment grounds. Cutler is running as an independent and therefore did not participate in the state’s June 10 primary election. As a result, the law only allows contributions of $1,500 per contributor because Cutler will only participate in one election. The suit alleges minor parties, including independent candidates, are at a disadvantage under the existing scheme.

Defendants named in the case include the Maine Ethics Commission, Walter McKee as chairman of the commission, and Secretary of State Matthew Dunlap. The suit seeks a permanent injunction ceasing enforcement of the $1,500 per election limit as applied to independent candidates.

If granted, the injunction would apply to the 2014 election cycle.

The Maine Commission on Governmental Ethics and Election Practices will no longer enforce the yearly aggregate contribution limit applicable to individuals and entities contained in Maine Revised Statutes section 1015(3). In a policy statement issued June 4, 2014, the commission cited recent U.S. Supreme Court decision McCutcheon v. FEC as authority for its determination.

The commission stated it will no longer enforce the $25,000 aggregate limit “unless and until it receives further guidance from the Maine Legislature or a court of competent jurisdiction.”

The policy statement also noted the commission’s intention to study the issues and perhaps propose legislation during the next state legislative session.

Despite the adjournment of the Maine Legislature on May 2, 2014, legislators are still debating issues.

Republican leaders are urging Democrats to reconvene for a special session to address a funding crisis for the state’s nursing homes.

The 2nd regular session of the 126th Maine State Legislature adjourned sine die May 2, 2014. The statutory adjournment date was April 16, 2014; however the Legislature spent an additional two weeks in session.

Legislators successfully overturned two vetoes by Gov. Paul LePage, one for a bill providing tax credits to primary care physicians who practice in rural areas, and another to preserve a funding bill for the fiscal year beginning in July 2014.

Eight moms from Portland, Maine, joined hundreds of other moms from across the country to demonstrate on the lawn of the U.S. Capitol in a campaign called the Safe Chemicals Stroller Brigade. The purpose of the demonstration was to raise awareness about unsafe chemicals used in household products and to urge lawmakers to consider updates to the 1976 federal Toxic Substances Control Act, which has not been updated since its passage.

The Maine moms also met with members of the state’s congressional delegation to lobby Congress for the passage of legislation proposed by Maine Sen. Susan Collins. The Chemical Safety Improvement Act would require federal regulators to test chemicals for their health effects across a variety of consumers, including children and pregnant women.

Photo of the United States Capitol by Zack Rudisin in Wikimedia Commons.

Last week the Maine State Legislature passed Legislative Document 184 and over the weekend Governor Paul LePage signed it into law. Legislative Document 184 requires legislators to wait one year after their term ends before engaging in activities that would require registration as a lobbyist or lobbyist associate.

Exempted from this prohibition are those former legislators who wish to engage in lobbying activities but do not receive compensation. If a legislator does engage in compensated lobbying activities during the restricted period, he or she is subject to a $1,000 civil penalty.

The law will not take effect until the start of the 127th Legislature, which will begin in December 2014.

The Maine Commission on Governmental Ethics and Election Practices increased some of the state’s contribution limits as required by state law. The state requires the commission to examine the limits each December of an even-numbered year based upon the consumer price index.

This time around, the commission increased only the limits for candidates to the state legislature by $25. Now, those candidates may accept $375 for the primary and another $375 for the general election per contributor.

A candidate may accept contributions for the primary election, even if he or she is running opposed. The commission will next evaluate the contribution limits in December 2014.

The United States Supreme Court has decided not to hear a case involving Maine’s political contribution disclosure, upholding the law. The National Organization for Marriage (NOM) had appealed to the country’s highest court after an appeals court ruled that Maine’s law regarding ballot issue committees is constitutional.

The law states that groups who spend more than $5,000 to influence ballot questions must register with the state ethics commission. Once registered, organizations must identify, in filed campaign finance reports, any donors who contributed more than $100.

The ethics commission, due to the ongoing legal battle, has not made a final determination on whether NOM is actually a ballot issue committee. The commission hopes to have a final answer on that issue in the coming months.

State lawmakers have reported back to Augusta to finish the work they started on the budget earlier this year.

In this short budget session, the Legislature will discuss Governor Paul LePage’s line item vetoes of the state budget, the budget of Health and Human Services, a takings bill, and a few borrowing packages.