1908, Maine became the first state east of the Mississippi to adopt a
constitutional provision for statewide initiative and referendum. It could not
have happened without the work of the state's foremost I&R advocate, Roland T.
Patten of Skowhegan.
In the early 1980s, Patten, editor of the Skowhegan
Somerset Reporter, was an advocate of municipal ownership of public utilities.
"About 1894," he wrote, he "heard something of the idea [of I&R] as made use of
in Switzerland" and realized that I&R could be used in the cause of municipal
A member of the Republican Party, he first pushed
for adoption of an I&R resolution at the Republican convention in his county.
Failing there, he became a leader of the state's Socialist Party and lobbied all
four of the state's major parties - Republican, Democratic, Socialist, and
Prohibitionist - to endorse I&R. In 1902 Maine Democrats adopted Patten's I&R
resolution verbatim, and in 1903 Democratic State Representative Cyrus W. Davis
of Waterville introduced the first statewide I&R bill.
Meanwhile, Patten had founded the Initiative and
Referendum League of Maine and had allied with the state Grange and the state
Federation of Labor. In 1905 they nearly succeeded: their I&R bill got a tie
vote in the state senate. The following year all four parties endorsed I&R, and
Davis made it a central issue in his Democratic gubernatorial campaign.
Davis lost to Republican William T. Cobb, who was
lukewarm on the issue, but the I&R League succeeded in electing more I&R
supporters to the legislature. Despite opposition from banks, timberland owners,
and railroads, the legislature passed an initiative bill without a single
dissent. However, it was not exactly what the I&R League wanted: it provided for
initiative statutes, but not constitutional amendments. The Republicans, who
controlled both houses of the legislature, forced the initiative advocates to
accept this compromise because they feared that an initiative constitutional
amendment might be used to repeal their state's Prohibition amendment.
Governor Cobb signed the I&R amendment on March 20,
1907, but it still had to be ratified by popular vote before taking effect. In
the 18 months prior to this vote, most of the state's newspapers published
editorials opposing I&R, and Maine's U.S. Senator Hale sent his constituents
copies of a vehement speech opposing it by Senator Henry Cabot Lodge of
Massachusetts. Nevertheless, voters approved I&R by a margin of more than two to
one on September 15, 1908.
The first initiative on the state ballot was a
victory for the Progressives: a law mandating the nomination of state and county
candidates by popular vote in primary elections, rather than in party
conventions. It passed by margin of more than three to one on September 11,
Only seven initiatives were on the ballot during the
first 60 years of the initiative process, and there were none during the l950s
and l960s. The only successful measure after 1911 was a 1936 statute "to prevent
diversions of the general highway fund" (to uses others than highways).
In the l970s Maine voters, like those in other
states, rediscovered their power to make laws by initiative. In 1972 they
approved an initiative to change the ballot form to eliminate party columns in
order to encourage voters to give each candidate independent consideration.
In the 1970s and 1980s, more than half of Maine's
initiatives were about energy and environmental matters. In 1976, voters enacted
a beverage container deposit (Bottle Bill) initiative and established a state
park at Bigelow Mountain; in 1980 and 1982, they turned down proposed
initiatives to ban nuclear power, following massive "Vote No" ad campaigns paid
for by the owners of the Maine Yankee nuclear plant. The Maine Nuclear
Referendum Committee, sponsors of the nuclear ban initiatives, won only one
campaign: a 1985 initiative to require a statewide referendum on any plan to
dump low-level radioactive waste.
In 1986, consumer advocates waged a successful
battle against the local telephone company to pass an initiative outlawing local
measured service, whereby callers are charged by the minute for local calls. The
company had set a campaign spending record with its "Vote No" ads, which
featured former U.S. senator and 1972 presidential candidate Edmund Muskie.
However, with the passage of term limits in the
early 90s, state lawmakers began a crusade against the initiative process by
passing numerous changes to the states I&R laws. One law that was passed,
prohibiting petition circulators to be paid by signature, was struck down by the
Federal Courts as a violation of the First Amendment. The case was sponsored by
the Initiative & Referendum Institute. Other new laws designed to regulate and
restrict the I&R process are likely which will no doubt lead to additional
litigation in the state.
David Schmidt, Citizen Lawmakers: The Ballot Initiative Revolution
(Temple University Press, 1989).