As partisan redistricting battles flare, Maine constitutional officers weigh in

Yahoo

11 hours ago

Voters cast their ballots at the Quimby School gymnasium in Bingham, Maine on Tuesday, November 5, 2024. (Photo by Michael G. Seamans/ Maine Morning Star)
Since President Donald Trump asked Texas to redraw its congressional maps to find five more Republican seats ahead of next year's elections, some Democratic states are considering redistricting to counter the effort.
Maine is not, at least according to Gov. Janet Mills, though an anonymous group tried to encourage the Pine Tree State to intervene earlier this month by flying planes over Augusta with banners that read 'Mess with Texas.'
The state's constitutional officers, Attorney General Aaron Frey and Secretary of State Shenna Bellows, both Democrats, condemned Texas' move, and Trump instigating it, as a blatant abuse of power. But, they said Democratic states exploring the avenues legally available to them to redistrict outside the regular schedule is understandable.
Bellows refrained from any judgement of those counter efforts, while Frey was more critical, particularly due to what he sees as a likely snowball effect.
'I am lamenting what this might mean for how our politics will continue, in terms of people trying to do the one-upsmanship,' Frey said in a sit-down with Maine Morning Star. 'As much as it probably sounds like it's a critique, it really is more of a concern about this being the evolution of where the politics is going.'
The Democratic Legislative Campaign Committee, the official party committee dedicated to electing Democrats to statehouses, called on Democrats on Aug. 4 to pursue redistricting opportunities to respond to possible changes to Texas' congressional map.
Last week, California was the first state to release a proposal to that aim. Such ideas have also been floated by officials in New York, Maryland, and Illinois — whose governor has already waded into the redistricting battle by welcoming Texas Democrats who fled the state to block a vote on the Republican proposal. They've since returned.
But, Republicans control more state legislatures than Democrats and Vice President JD Vance is touring those states to encourage more gerrymandering. Several, including Missouri, Florida and Indiana, are now considering redrawing their maps to counter the Democrats' countering.
'It should be a concern for all of us about what this means for the next time that the next majority is in power,' Frey said. 'I am hoping that I would have just as much concern if California would have been the first state to say that they were going to do this as I have about Texas saying that they're going to do this, even though it may be perfectly appropriate legally.'
Redistricting procedures vary state by state but largely happen every ten years following new census data.
Under the Maine Constitution, the state Legislature must establish a bipartisan advisory commission to draw its congressional and legislative districts every ten years. These maps are then sent to the Legislature for approval, though lawmakers aren't bound to those recommendations.
Approval requires a two-thirds vote, and because neither party has held a supermajority in the last decade, this has typically required bipartisan support. The map is then subject to the governor's approval.
Maine last went through this process in 2021.
Mills did not respond to multiple requests for comment about whether she supports the actions other Democratic states are considering to redraw their maps in response to Texas Republicans' attempts. A spokesperson told the Portland Press Herald in early August that she was not considering any actions related to redistricting in Maine.
If the Legislature is unable to reach the two-thirds threshold, the Maine Supreme Court would draw the maps instead.
'It's understandable that other states are seeking to fight fire with fire,' Bellows said, echoing California Gov. Gavin Newsom, 'but none of what's happening outside of Maine would change unless the Legislature and the people of Maine decided to pursue a constitutional amendment.'
A constitutional amendment in Maine requires a two-thirds vote, plus approval by the voters, so such a change, especially before the 2026 midterms, is not likely.
When asked if Maine should get involved in the nationwide redistricting fight, Frey said, 'No, not at this point.'
As the officer representing the state on legal matters, Frey said he doesn't see an opportunity for legal recourse given that other states drawing congressional districts is a state-level process pertaining to their residents and it doesn't have a direct harm to Maine.
However, how these maps ultimately shape Congress will inevitably impact Maine, he said, looking at a list on his desk of lawsuits Maine has filed or joined against the Trump administration. Particularly if Trump gets his way in Texas, Frey said it could result in a continuation of a Congress that doesn't serve as an adequate check to the executive branch.
Some politicians are seeking to choose their voters instead of their voters choosing them.
– Maine Secretary of State Shenna Bellows
Like other Democrats across the country, Frey and Bellows walked a line to frame their party's use of redistricting differently than Republicans'.
'The Trump administration is trampling all over the norms in our democracy, and it is really important that people stand strong for our values in this moment,' Bellows said. 'What's concerning about what Texas is trying to do is they are basically trying to cheat their way into electoral success in 2026 and 2028, so it's understandable that some of the larger states that are blue states are thinking about how they might respond.'
Of those clear political aims, Frey similarly said, 'There's no mask to it,' arguing it would be different if Texas had come to a conclusion that redistricting mid-cycle was needed because its districts were no longer representative due to population shifts or another clear reason.
'Let's say this was Joe Biden who in 2023 was like, 'California, Gavin Newsom, you like us, California does a lot of stuff that supports the administration, I need you to go redistrict and get me five more seats in Congress,'' Frey said. 'What would people say?'
But while Frey said Democratic states may be legally within their right to explore counter measures, he doesn't see it as a productive way to resolve political discord nor address the priority issues of everyday Americans, such as the cost of living.
'If anything, it's creating a system that is going to be more unable to meet what it is that, I think, Mainers and the American people are asking for,' Frey said.
As Trump eyes election changes, Secretary Bellows warns of fallout
Earlier this month Bellows officially responded to the U.S. Department of Justice's request for sweeping voter data, questioning the federal agency's intentions and asking that the request be withdrawn. She sees a throughline with that effort, Trump's executive orders and his push for Texas Republicans to redistrict.
'Some politicians are seeking to choose their voters instead of their voters choosing them,' Bellows said. 'Many of these initiatives seem designed to shrink the population of people who are participating in elections, to spread fear and deter people from participating, or to create artificial barriers to participation.'
Frey also sees connections.
The day before speaking with Maine Morning Star, Frey had returned from a trip to Washington, D.C., where he saw National Guard troops and FBI agents gathered on the mall. 'They are pushing boundaries to see how far they can get,' Frey said of the administration.
Pulling up the president's post on Truth Social ordering the U.S. Commerce Department to start working on a new U.S. Census that does not count people in the country illegally, Frey asked, 'What's the end?'
He sees all of these moves as a test of the democratic foundation of the country, the U.S. Constitution.
'If enough citizens out there who are protected by this contract decide that they are unwilling to hold the president to the limitations that the constitution places on government action, I mean, at a certain point that contract by both parties is just going to dissolve,' Frey said.
The book 'The Storm Before the Calm' sat on his desk as he added a hopeful nod, explaining the current moment could provide an opportunity to be reminded of the importance of those protections.
The book, by geopolitical forecaster George Friedman, views American history through cycles, enduring upheaval and conflict but, ultimately, increasing in strength and stability. With 2026 on the horizon — when Maine's governorship, U.S. Senate seat, two U.S. House seats and Legislature are all up for reelection — Frey said, 'Maybe there will be an opportunity for renewal.'
Time will tell how redistricting may play a part in that.
SUPPORT: YOU MAKE OUR WORK POSSIBLE