Maine Democrats gathered in Bangor on Saturday to select a replacement for Graham Platner, whose Senate campaign collapsed under allegations of sexual assault - which he denied - that surfaced after his June primary win. Former Senate President Troy Jackson formally won the nomination. He will face Republican Sen. Susan Collins in one of the nation's most closely watched Senate races, a race that Democrats have deemed critical if they hope to win the majority in the Senate.
However, one inconvenient detail threatens to complicate Jackson's coronation: a Republican state lawmaker says Jackson may not be legally eligible to accept the nomination at all.
State Rep. James White (R-Guilford) sent a letter to Secretary of State Shenna Bellows asking her office to determine whether Jackson, or any candidate who lost a primary for a different federal, state or county office in June, qualifies as a replacement nominee under Maine law. White wanted the question settled before Bellows certifies whatever comes out of Saturday's convention, but that didn't happen, which could be a problem.
According to White, Jackson's own ballot history might make him legally ineligible. Jackson ran for governor earlier this year, lost that Democratic primary in June, and became his party's Senate nominee through a replacement process rather than a primary vote of his own.
Under Title 21-A, Section 331 of Maine election law, "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." He also points to Section 351, which imposes similar restrictions, and Section 363, which requires that a political committee filling a nomination vacancy "shall choose a qualified person to fill the vacancy."
Whether Jackson still counts as a "qualified person" after losing a statewide primary is the crux of White's argument. "The Department should resolve this question before accepting or certifying any replacement nomination," he wrote.
White reaches back to 1974 for precedent, citing the U.S. Supreme Court's ruling in Storer v. Brown, which described primary elections as "an integral part of the entire election process." His argument is that treating June's primary and November's general election as two separate contests cuts against both the Court's reasoning and the Legislature's stated intent to keep candidates from seeking more than one office "at any election." White's letter frames this as standard sore loser logic. Laws of this type exist across the country to stop a candidate who loses one race from reaching the general election through a side door.
Maine has no explicit sore loser statute on the books, unlike several other states that spell out the prohibition in plain language. White's position is that the existing patchwork of Title 21-A provisions accomplishes the same result even without a dedicated clause. Maine law does allow parties to replace nominees who withdraw after winning a primary, which is how Democrats find themselves in this position following Platner's exit, but the statute never quite addresses what happens when the proposed replacement lost a separate statewide primary of his own.
Reasonable election law observers could land on either side of this question, and if a legal challenge follows Jackson's nomination, according to The Maine Wire, a court may end up settling the matter, and depending on how that plays out, could put Democrats in a real bind.
The Secretary of State's office did not issue a public response to White's letter before the convention, and it remains unclear whether Bellows intends to produce a formal legal opinion. And Bellows is no neutral arbiter here: she was herself a candidate in this very Senate race, one of the contenders who dropped out and cleared the path for Jackson in the days before the convention. Regardless, Bellows, a Democrat, wouldn't rule against her own party's interest anyway, but clearing Jackson's candidacy, especially now, won't end the matter, since a court challenge could still follow.
If such a challenge were to proceed, and in the unlikely event it were to prevail, disqualifying Jackson would upend the Democratic Party's effort to field any candidate against Collins with barely four months remaining before Election Day, a scramble that could pave the way for Collins to win in November easily.