AUGUSTA, Maine — Proposals by Gov. Paul LePage to dramatically expand his power over constitutional officers met skepticism from lawmakers and the public during a hearing on the bills held Wednesday afternoon.
The governor has submitted three bills to amend the state’s constitution to change the selection process of top state officials, including the attorney general, state treasurer and secretary of state
In Maine, those three constitutional officers are elected every two years by the Legislature. With two of the bills in question, LePage would take that authority from lawmakers, turning the attorney general and treasurer into governor’s appointments, subject to Senate approval.
The move would essentially make the two officials members of the governor’s Cabinet, who would serve at the pleasure of the state’s chief executive
The third bill eliminates the secretary of state entirely, replacing the position with a lieutenant governor who would be popularly elected on a shared ticket with the governor. The lieutenant governor would assume the secretary of state’s responsibilities, including oversight of corporations, elections and the Bureau of Motor Vehicles.
The effect of the bills would be to strip the three offices of their independence, placing them under the direct control of the governor.
On Wednesday, Hancock Fenton, the governor’s deputy legal counsel, told lawmakers that such a move is needed for more “efficient, effective government.”
During a public hearing on the bills before the State and Local Government Committee, Fenton said LePage was frustrated by the “fractured” nature of Maine’s system, in which constitutional officers not only operate independently of the governor but sometimes in opposition to him.
“The lack of a unitary chain of command promotes gridlock and disorder, and [it] saps the vitality of the executive branch,” Fenton said.
Members of the committee gave LePage’s proposals a chilly reception. They raised concern that putting the governor in charge of the state’s top lawyer, top financial officer and elections czar would eliminate important checks and balances on executive power.
“The consequence of what you propose is a consolidation of power in the hands of the chief executive,” said Rep. Christopher Babbidge, D-Kennebunkport. “The chief executive has not been reticent about using his power. So the checks and balances that currently exist have some merit.”
Despite the huge scope of the three proposals, LePage’s constitutional amendments drew muted response from the public, with only a handful of people speaking on the bills.
Naomi Cohen, a lawyer in Rockland, said she didn’t think the executive branch should absorb the constitutional officers, especially in the name of efficiency.
“When government runs super efficiently, that’s a dictatorship,” she said. “The cacophony of opinions is very valuable.”
Meredith Ares of Searsport said she opposed the creation of an elected lieutenant governor who would oversee elections because he or she could end up overseeing his or her own re-election.
“When you have an election where a governor is running for re-election, and his buddy [the lieutenant governor] is supervising the election, doesn’t everybody see a problem there?” she said.
LePage did not address the committee on Wednesday, but he has previously said the decision about amending the constitution as related to the attorney general is “probably the most important decision” that will be made during his eight years in office.
Neither the attorney general, Democrat Janet Mills, the state treasurer, independent Terry Hayes, nor the secretary of state, Democrat Matthew Dunlap, addressed the committee. However, Dunlap and Mills have previously indicated their support for the independence of constitutional officers.
LePage has often clashed with Mills, and the icy relationship between them fueled the governor’s desire to seek changes in how the state chooses its top lawyer.
Mills has refused to represent LePage in his fights with the federal government on issues such as the federal Affordable Care Act and welfare reform.
LePage also has been frustrated by several of Mills’ rulings, such as when she deemed unconstitutional his proposal to force municipalities to screen for citizenship before giving temporary cash assistance to residents who can’t afford necessities such as rent, food or heat. LePage went ahead with his plan anyway, prompting a lawsuit from the Maine Municipal Association and two Maine cities, which Mills refused to defend.
LePage said that under the current system, the attorney general operates like a “fourth branch of government.” He also has taken issue with the attorney general’s oversight of state agency rulemaking. (LePage would like to be able to change rules even if the attorney general says the proposed change would be illegal).
LePage’s plan will be a heavy lift in the Legislature, considering he’ll need to convince two-thirds of the state’s lawmakers to give up authority it has held for nearly 200 years. Even if he does that, voters will have to approve the constitutional amendment before it passes into law.
The governor’s proposals would be the latest in a slew of similar proposals from lawmakers dating all the way back to 1909, according to a list of proposed constitutional amendments compiled by the Maine State Law and Legislative Library.
In most states, the attorney general is elected by popular vote. Maine is the only state in the country where the Legislature appoints the attorney general.
The governor appoints the attorney general in just five states — Hawaii, Alaska, New Jersey, New Hampshire and Wyoming — and there the appointments are subject to approval by one or both chambers of the Legislature or, in New Hampshire’s case, an executive council of lawmakers.
Follow Mario Moretto on Twitter at @riocarmine.
