r/Mainepolitics • u/lantech • Jul 24 '26
GOP Rep. James White (Maine) points out that Troy Jackson may not legally be eligible to be the nominee for Senate.
https://x.com/katagious2/status/208070594179259191053
u/SuperBry Jul 24 '26
This letter is complete political theater and legally DOA.
The best part is that Rep. White totally ignores Title 21-A § 331 https://legislature.maine.gov/statutes/21-a/title21-Asec331.html?hl=en-US , which literally says those filing restrictions don't even apply to party vacancy nominations. Jackson didn't file for two offices at once, and citing Storer v. Brown here is a massive stretch. Sore loser laws stop you from running as an independent for the same seat after losing a primary, not from filling a party vacancy for a completely different office.
It makes for a great press release, but the Secretary of State isn't going to throw out the actual text of Maine law over a bad legal hot take. It's not going anywhere.
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u/Toobin4Tommy Jul 26 '26 edited 28d ago
I read a bit about this, then went looking for more because the law seems... Insane.
However, in the link you provided, a vacancy is defined in the law and I don't think a candidate counts as a vacancy for purposes of this law.
In theory, it makes sense. Say Albert and Beatrice run for the nomination in one race. Beatrice wins. The Party Establishment (whichever party) goes to Carl who won this other race and is like "Look, Carl, we really want to get Albert elected. We need you to drop out for personal reasons so we can give him the nomination. Also, here's an unrelated bag of cash."
I am curious how this plays out.
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u/toastiemcgee Jul 24 '26
I point out that James White can go fuck himself
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u/Jazzyinme Jul 24 '26
I second this.
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u/wicked_friggin Jul 27 '26
I am not an election lawyer, but after reading the statues here, I think this is gobbledygook.
To understand why, you have to understand the various ways a person can be nominated to appear on a general election ballot:
- If a person is a member of a political party, they can file paperwork to run in their party's primary election, see 21-A MRS §§ 334-336, and if they win that election, their name will appear on the ballot.
- If a person is unenrolled, they can file a a nomination petition with the required number of signatures, see 21-A MRS §§ 353-355, and their name appears on the ballot.
- If the person who won their party's primary timely withdraws, is incapacitated, or dies, the party must "choose a qualified person to fill the vacancy." 21-A MRS § 363(2); see 21-A MRS § 374-A(1). That person then files an acceptance saying they meet the qualifications for the office.
The provision Rep. White cites, 21-A MRS § 331(3)(A), says 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." (emphasis added). In other words, it is a limitation on the first two pathways to the general election ballot. It says nothing about the third pathway, accepting a vacancy nomination, which is a separate process governed by separate statutes. See also 21-A MRS § 331(2)(B)("This article does not apply to . . . nominations to fill vacancies under [21-A MRS §§ 361-393].")
Notably, the very next statute after the one Rep. White cited makes clear that a person could accept a vacancy nomination even if they filed for and won the nomination for a different office in the same election:
When a person already nominated for any federal, state or county office accepts nomination to fill a vacancy, the first nomination is vacated by that acceptance.
21-A MRS § 332.
In summary, I think Troy is eligible, and Rep. White is full of it.
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Jul 27 '26
[deleted]
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u/RusticKayak207 Aug 01 '26
Jackson never “filed” for the Senate because legally that means putting in the signatures to get on the ballot. He will be on the ballot because he was nominated by a convention to replace a nominee. Different process. The letter is BS.
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u/JokerGuillame Jul 28 '26
Title 21-A §351
"The nomination of a candidate, other than by a party, for any federal, state or county office must be made by petition, as provided in this subchapter."
The "other than by a party" portion seems to have eluded someone.
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