AUGUSTA, Maine — Key Maine lawmakers are struggling with their votes on a tribal-rights measure vetoed last week by Gov. Janet Mills, whose lobbying is putting a Thursday vote in the balance.
The bill from House Speaker Rachel Talbot Ross, D-Portland, would allow Native American tribes in Maine to be covered under more federal statutes that currently do not apply to them under the terms of a landmark 1980 settlement that has effectively regulated tribes here like cities and towns without the sweeping powers that others have across the country.
It is forcing a showdown between Mills and a tenuous supermajority in the Maine House of Representatives. Virtually all Democrats supported the bill alongside 21 Republicans in a 100-47 vote last month, just barely clearing the two-thirds majority that will be needed in both chambers to override the governor’s veto later this week.
One Republican said Monday that he would vote to uphold the veto, then he reversed himself two days later to say he would stick by his original support of the bill. Many others have been firm, but even a few defections could tank the measure and further erode the relationship between the state and tribes.
“The Wabanaki have accommodated concerns, while the Governor’s office has stonewalled negotiations,” Rep. Adam Lee, D-Auburn, a member of the Judiciary Committee, wrote in a Monday email. “It would be truly unfortunate and unjust if that stonewalling is successful.”
The focus of the lobbying is the House, since the Democratic-led Senate approved the tribal-rights bill in a 26-8 vote. Mills, a Democrat, vetoed the measure last week, writing it could lead to litigation and was not “clear, thoroughly vetted, and well understood by all parties.”
The Wabanaki Alliance, which represents the Passamaquoddy, Penobscot, Mi’kmaq and Maliseet tribes, said Native Americans in Maine have since economically lagged behind tribes in other parts of the country by not having access to the same federal benefits, pointing to a Harvard University report released last year on the effects of the 1980 deal.
The House had four members absent or excused for the last vote. If all members are there, it will take 101 votes to override the veto. Rep. Mark Babin, R-Fort Fairfield, said he had some concerns when Mills contacted him after he spoke in favor of the bill on the floor last month.
He felt there was a lack of time to review late changes, including those governing criminal prosecutions and allowing state law to continue to trump federal law on gaming. But after saying Monday he would vote to uphold the veto, Babin said Wednesday he will vote to override it.
“I will not flip my vote,” Babin said.
Rep. Amanda Collamore, R-Pittsfield, who also backed the bill, said Monday she had not yet read the governor’s veto letter but felt the legislation was “rushed” even though she supports tribal sovereignty in concept.
Several Republicans said they are sticking with their votes in support of the legislation, even after a difficult legislative session that is ending with Democrats pushing a controversial abortion-rights measure through the closely divided House and a state spending deal between the parties that has rankled some conservatives.
Rep. David Boyer, R-Poland, said he will vote to override the veto. While he was not among numerous members who he said “got called into [Mills’] office” about the bill, he empathized with colleagues who may oppose it due to everything else that has gone on in Augusta.
READ MORE ABOUT TRIBAL-RIGHTS BILL
“But if we’re going to reject the hyperpartisanship that’s gone on this past session, I think flipping our votes because we’re upset about a previous issue would be contributing to that hyperpartisanship,” he said.
The two Republican leaders in the House — House Minority Leader Billy Bob Faulkingham of Winter Harbor and Assistant House Minority Leader Amy Arata of New Gloucester — were in the minority of their caucus to vote for the bill last time. On Monday, Arata said the caucus was reviewing the governor’s veto letter.
Arata took a shot at Democrats for how they paused last month’s vote on the contentious abortion bill for hours in order to wrangle support from members, saying the leadership team “respects our members’ individual rights to vote as they see fit.”
Rep. John Andrews, R-Paris, who led the recent amendments, published a Bangor Daily News opinion piece on Monday saying Republicans should buck the governor on “liberty” grounds. Senate President Troy Jackson, D-Allagash, issued a statement after the veto wondering if the Legislature will match “our rhetoric with our action,” and some Republicans share impatience with Mills’ stance on the issue.
“We have a very conservative governor who, for some reason, is not moving on this particular issue,” said Rep. Roger Albert, R-Madawaska, who added he will stick by his support of the bill.
