Last race(s) standing: Electing Maine’s four constitutional officers

While the balloons, confetti and tears of adulation from the election night hoopla have long been swept away, there’s still one race left to decide. Actually, there are four. Maine happens to be the only state in the union that has its state legislature choose its secretary of state, treasurer, auditor and attorney general. The new legislature will convene in a few days to decide who will fill these positions.

Electing Maine’s four constitutional officers is actually a two-step process. First, the Democrats and Republicans caucus to choose their respective nominees. Each candidate will likely be given an opportunity to plea their case before a vote by secret ballot is held. If no candidate receives a majority of votes, a runoff election is held until a nominee is chosen. Practically speaking, because the Democrats hold a sizable majority in the legislature, whoever emerges from the Democratic caucus as their parties’ nominee, will win.

The only race that’s garnered any attention thus far is the race for attorney general. The current AG, Steve Rowe, is term limited and therefore may not seek reelection. In Rowe’s absence, three Democratic candidates have stepped forward, Representatives John Brautigam (Portland), Sean Faircloth (Bangor) and Janet Mills (Farmington).

Though not chosen by popular election, the attorney general is an incredibly important position in the state, having broad jurisdiction over civil litigation, criminal prosecution and administrative law. The office also advises all state agencies and serves a number of investigative and programmatic functions. It is also the state’s largest “law firm,” with over 200 employees and an annual budget exceeding $20 million.  The challenges for our next AG will also be immense. According to Rowe, “the impact of the looming recession will undoubtedly increase the workload of the office.”

A couple of months ago, I had the opportunity to organize a forum at my law firm, Pierce Atwood, in which Brautigam, Faircloth and Mills debated one another for about an hour and a half. Former Chief Justice of the Maine Supreme Court (and my colleague at Pierce Atwood), Dan Wathen, moderated the forum. It was largely interesting and informative, but admittedly a bit awkward because none of the attendees could actually vote for a candidate. At best, we could only indirectly affect the outcome of the race by encouraging our state representatives to support the nominee of our choosing. And then, we would still be unable to know if our representatives followed our recommendations because, as I mentioned, nominees are chosen by secret ballot.

Because I couldn’t vote in the “election” for AG, my mind kept drifting to those 186 members that could (or more accurately, the 116 Democrats that will caucus to choose their nominee).  I wondered what criteria they would use. Would it be the candidate who had the most legal experience required for the job (e.g. a broad background in civil, criminal and administrative law)? Would they look to the one with the most management experience capable of handling the large number of employees and significant budget responsibilities? Or would they choose the nominee based upon political alliances and favors? Tough to tell.

Apparently, however, one of those legislators may have been thinking the same thing. Democratic Representative Mike Carey, from Lewiston, decided to dig deeper into the credentials and motivations of each candidate. Last summer, he began polling folks throughout the state that he knew were familiar with the responsibilities of the AG position. He also spoke to the candidates themselves. From those conversations, he put together a lengthy questionnaire that he sent to each candidate. Carey said he put the questionnaire together because he “wanted a way to compare the three side-by-side. There are many ways one could approach the office of attorney general. I wanted to understand how each differed from the others.”  

The result was a 25-page Q&A spreadsheet spanning such topics as each nominee's background, vision for the job and what they perceive to be their strengths and weaknesses. It also touched upon the political. For example, Carey pointedly asked each nominee if they viewed the position of attorney general as stepping stone for higher office.  

You can view Carey’s questionnaire here. Take a look. If you determine there’s a candidate more deserving of support, get on the phone and let your representative know. The election is only a few days away.

Adam Cote, born and raised in Sanford, is a former Democratic candidate for Maine's 1st Congressional District and is the president of the Maine Young Democrats. He served in the Army in Bosnia and Iraq and is a member of the Renewable Energy and Governmental Relations Practice Group at the law firm of Pierce Atwood LLP in Portland, where he lives with his wife and three young daughters.