The BDN Editorial Board operates independently from the newsroom, and does not set policies or contribute to reporting or editing articles elsewhere in the newspaper or on bangordailynews.com.
One of the most consequential election days in Maine will take place on Wednesday, and Maine voters won’t be the ones determining the outcome. Not directly, at least.
Maine continues to be an outlier, and not in a good way, for the manner in which we choose four important roles in state government. Rather than having voters or the governor decide who serves in the prominent positions of attorney general, secretary of state, treasurer and auditor, the Maine constitution and state law place these choices in the hands of lawmakers.
The result is a frustratingly insular process that often prioritizes connections in August above the preferences of Maine people across the state, and sometimes even qualifications. This typically leads to state lawmakers and former lawmakers of the Legislature’s majority party being chosen for the roles that oversee key elements of the Maine government’s lew enforcement efforts, election administration, finances and accountability to the people.
If there ever were a political swamp to drain, this process should be at the top of the list.
Rather than serving as political resume builders for connected politicians with higher ambitions, or safe landing spots for those termed out of their current positions, these weighty offices should be based on the will and needs of the people. And when one of these so-called constitutional officers is running for reelection, it should be the people of Maine assessing their performance and qualifications to keep serving, not their political allies (and to a lesser extent, foes).
Yes, Maine voters have collectively determined the partisan makeup of the Legislature based on who they have sent to represent their respective districts in Augusta. But that coupled with popularity inside the party apparatuses should not be the deciding factor for who serves in these roles. The individual qualifications and actions of potential office holders should be assessed by voters.
Allowing the majority party in Augusta to play a game of political musical chairs with critical elements of state government, and to do so with the use of secret ballots in party caucuses that shield individual lawmakers from scrutiny during the process, reeks of backroom dealmaking. That is probably why Maine stands almost entirely alone in choosing these state officers this way.
Mainers rightly like to tout ways in which our state lives up to its motto and leads. However, this is one instance where we clearly need to follow most other states by changing the process for selecting constitutional officers.
Consider the current race for attorney general, and the controversy surrounding Attorney General Aaron Frey’s romantic relationship with a subordinate. His Democratic allies in Augusta may be more inclined to look past that “error in judgment,” as Frey himself has described his failure to disclose the relationship sooner. We have to assume that voters would be less likely to excuse or ignore this situation as Frey seeks the same office again. Frey entered Tuesday’s party caucus as one of two Democratic options for attorney general, along with Kennebec and Somerset County District Attorney Maeghan Maloney.
The expected Republican choice, attorney Robert Charles, has an impressive resume but is sadly almost an afterthought given the slim but continued Democratic control of the State House. He shouldn’t be an afterthought, and almost certainly wouldn’t be if voters were the ones making this choice. In a statewide vote, we have to imagine it would be a close contest rather than a seemingly pre-determined outcome. Either way, it should be up to voters rather than lawmakers.
The status quo gives too much power to lawmakers without providing enough transparency or accountability. Wednesday should be the last time the Legislature does this particular dance. Lawmakers should recognize the flaws of this process, and finally support efforts this legislative session to update the Maine Constitution and state statute to put these decisions in the hands of Maine voters.
