A new legal challenge is threatening to complicate Democrats’ effort to replace their U.S. Senate nominee in Maine, raising questions about whether the party’s expected replacement is even eligible to appear on the November ballot.
The dispute comes just hours before Democratic delegates are scheduled to choose a new nominee in one of the country’s most closely watched Senate races.
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Republican state Rep. James White has asked Maine Secretary of State Shenna Bellows to determine whether former Maine Senate President Troy Jackson is legally eligible to become the Democratic nominee following the withdrawal of Graham Platner.
In a letter sent Friday, White argued Jackson cannot use Maine’s party vacancy process to reach the ballot because he already sought a different statewide office during this election cycle.
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“The vacancy process exists to fill an unexpected vacancy, not to provide a second opportunity for a candidate who already sought and lost another office during the same election process,” White wrote.
Jackson finished third in Maine’s Democratic gubernatorial primary in June before emerging as the overwhelming favorite to replace Platner.
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Platner withdrew from the Senate race on July 10 after a former girlfriend accused him of sexual assault.
Platner denied the allegation before ending his campaign, forcing Democrats to select a replacement through a party convention rather than another primary election.
White argues that Maine election law prohibits a candidate from appearing as a candidate for more than one office during the same election.
His letter cites provisions of Title 21-A of Maine law, which bars a person from filing as a candidate for more than one office at any election and requires political parties filling vacancies to select a “qualified person.”
White contends Jackson does not meet that requirement because he already participated in this year’s gubernatorial primary.
He also cited the U.S. Supreme Court’s decision in Storer v. Brown, arguing that primary elections are an integral part of the overall election process and should be treated as part of the same election cycle.
“The integrity of Maine’s elections depends on the faithful application of the law, not on whether bending the rules may benefit one political party or another,” White wrote.
According to The Maine Wire, Maine does not have a traditional “sore loser” law that expressly prohibits a candidate who loses one primary from later appearing on the general election ballot for a different office.
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White argues, however, that existing provisions of Maine election law, when read together, effectively create that restriction.
Jackson, a fifth-generation logger and former president of the Maine Senate, became the leading contender for the Democratic nomination after several potential rivals declined to run and instead endorsed his candidacy.
His expected nomination comes through a convention of Democratic delegates rather than a statewide vote by Democratic primary voters.
The challenge now falls to Maine Secretary of State Shenna Bellows.
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Bellows, a Democrat, is responsible for interpreting and administering Maine’s election laws.
She previously drew national attention after removing President Donald Trump from Maine’s 2024 presidential primary ballot under the Fourteenth Amendment before that decision was ultimately overturned following U.S. Supreme Court action.
Bellows also recently ended her own campaign for the same U.S. Senate seat before Jackson emerged as the likely replacement nominee.
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If Bellows determines Jackson is eligible, Democrats are expected to move forward with his nomination.
If she concludes otherwise, the party could be forced to consider another replacement candidate or face additional legal proceedings over ballot access, The Maine Wire reported.
The dispute adds another layer of uncertainty to a race Democrats view as one of their best opportunities to challenge Republican Sen. Susan Collins, while Republicans argue the nomination process should strictly follow Maine election law regardless of the political consequences.
This article may contain commentary which reflects the author’s opinion.
