Maine’s 2024 State Elections: From Legislative Seats to Judicial Roles

Written By dKay in Maine

Today is November 6, 2024, the day after Election Day. At the time of writing, the Associated Press had projected a win for Donald Trump, but some states, including my home state of Maine, were still counting. As of 10:19 am ET, the Washington Post reports that, for Maine, an estimated 76.6 percent of votes have been counted, but the current results indicate that ranked-choice tabulation might only be necessary for the Presidential and Congressional elections if the numbers shift significantly. For more on Ranked-Choice Voting, please check out my post “How to Navigate Ranked-Choice Voting in Maine.”

While in the previous segments around the topic of the November 5, 2024 election, we looked at the Maine Referendum Election and the Congressional Election and did a deep dive into each topic. Today, we’ll look at the State Legislature Election, but we’ll do so at a more general level, which is also the reason why I’m releasing this post after the election.

I initially planned to post it earlier, but for a deep dive into the candidates, I would have had to talk about 70 candidates who are running for one of the 35 seats in the State Senate and 277 candidates running for one of the 151 seats in Maine’s House of Representatives, and this doesn’t even account for the candidates who are up for the elections for the Judge of Probate and Registrar of Probate. Then, I thought about at least providing easy access to each candidate’s policies via a link collection, but believe it or not, it was impossible to get information on each candidate in the amount of time I had from the idea of this article to the election.

Therefore, I decided to publish this post after the election and rather focus on the form of the election rather than the candidates. Additionally, I will briefly compare the processes with those in Germany.

Federal vs. State Law: A Comparison between the U.S. and Germany

Coming from Germany, I’ve always been fascinated by how U.S. states do or do not enact federal laws. One example that comes to my mind is the use of marijuana.

As of today, in the U.S., per the Controlled Substances Act (CSA), marijuana is illegal under federal law. The federal government, through agencies like the Drug Enforcement Administration (DEA), maintains the prohibition of marijuana, and it can enforce this law anywhere in the U.S., although enforcement has been and still is inconsistent. On the other hand, its legality varies by state. Some states allow it for medical purposes only, some for medical and recreational purposes, and some don’t allow it at all.

For those wondering, below is a map with the current legalization status for the U.S. states. For more information, including links to the respective state laws, please visit DISA’s website by clicking on the picture or through the link in the resources section at the bottom of this post.

The above results from the shared power between the national government and the states. Each state retains its sovereignty over certain matters, and having a state congress allows it to manage local concerns such as education, transportation, and public safety. This system of shared powers is based on the U.S. Constitution, which established it, for example, through the Tenth Amendment, which “assigns all powers not delegated to the United States, or prohibited to the States, to either the States or to the people.”

In comparison, in Germany, marijuana is illegal under federal law, except for medical purposes, which has been legal since 2017 with a doctor’s prescription, and pharmacies can legally distribute it. Recreational use is illegal, however since the German federal government passed the Cannabis Control Act (Gesetz zum kontrollierten Umgang mit Cannabis und zur Änderung weiterer Vorschriften) in 2023, adults aged 18 and older are now allowed to possess up to 25 grams of cannabis for personal use. Furthermore, individuals are allowed to grow up to three cannabis plants at home for personal use and conduct non-commercial sharing in dedicated cannabis clubs. However, full commercialization, such as the sale of cannabis in shops, remains prohibited. If you’re in Germany or plan to travel there, please don’t forget to check out the details of the law if you’re into this topic!

Why do States have their own Congress with Senators and House Representatives?

Given each state’s diverse geography, economy, and population, a state congress allows for representation that reflects local interests and needs. As with the federal system, most states have a bicameral legislature with two chambers, the Senate and the House of Representatives. This setup ensures checks and balances, even at the state level, as laws must pass both chambers before they can be enacted. Through this model, state legislature gives states the autonomy to govern in ways that better reflect local needs and challenges, in contrast to the one-size-fits-all approach that might come from the federal government.

The foundation of this authority is each state's Constitution, which provides the legal basis for a state. Maine's Constitution, ratified in 1820 when the state was founded, establishes Maine's status as a sovereign entity with the power to govern itself in ways specific to its needs. However, keep in mind that the U.S. Constitution is the "supreme Law of the Land."

Additionally, state legislatures have the autonomy to craft policies on issues ranging from education to public safety and healthcare, which might not align with federal mandates. For example, Maine has chosen to legalize and regulate marijuana, reflecting local voter support, even though it remains illegal at the federal level.

Inside Maine: Trifecta, Triplex, and Party Control

As of this writing, Maine's Democratic trifecta—with the Democratic Party holding the governorship and majorities in both state legislature chambers—provides unified party control over the state's legislative agenda. However, this could change depending on the outcome of the election. Historically, Maine has generally leaned blue, with 14 years of a Democratic trifecta versus only two years of a Republican trifecta. Furthermore, Maine's Democratic triplex (control over the governor, attorney general, and secretary of state offices) allows the party to influence key legal and administrative decisions.

The Maine Legislature consists of 186 members: 35 Senators and 151 Representatives. These legislators work on state-specific issues, ranging from budget allocations to policies on healthcare and education, with the Senate and House serving as a smaller upper chamber and a larger lower chamber, respectively. Here's a breakdown of the current party composition based on data provided via the Maine State Legislature website (House | Senate):

  • Democrats: 79 (House), 22 (Senate), totaling 101 members, holding the majority.

  • Republicans: 67 (House), 13 (Senate), totaling 80 members, forming the primary opposition.

  • Independents: 2 (House) members, reflecting Maine's openness to nonpartisan perspectives.

  • Vacancies: 3 (House) seats.

However, the distribution could change following yesterday’s election, but as of 8:52 pm ET, we still don’t have the final result for all of Maine’s districts.

Maine’s State Senate: Structure and Election Process

The Maine State Senate comprises 35 seats, with elections held every two years. Each Senator is elected for a term of two years and is limited to four consecutive terms. A Senator must be a citizen of Maine for at least one year, be a resident of the district for at least 3 months before the election, and continue to reside within the district during the term of office. Additionally, a Senator must be at least 25 years of age at the time of election. In the 2024 elections, all Senate seats were on the ballot, as some incumbents will reach term limits, others are retiring, and new candidates are stepping forward. Maine’s term limits of four consecutive terms or eight years for senators help ensure periodic legislative turnover.”

While I won't provide individual candidate summaries here, as I would have to list 70 candidates, my research experience helped clarify the key issues each candidate prioritizes. For instance, many candidates focus on improving Maine's rural healthcare access, addressing the state's opioid crisis, and expanding broadband in underserved areas. These concerns highlight the locally focused work of state senators, who must balance statewide policies with district-specific needs.

Maine’s House of Representatives: Structure and Election Process

As outlined on House’s website, Maine's House of Representatives consists of 151 members who serve two-year terms plus seats for three nonvoting members representing the Penobscot Nation, the Passamquoddy Tribe, and the Houlton Band of Maliseet Indians. Biennial terms mean that all 151 seats are contested every election cycle. State representatives have no term limits in Maine, allowing some experienced legislators to remain influential for many years.

To qualify for election to the Maine House of Representatives, a person must be at least 21 years old, have been a U.S. citizen for at least five years, and have lived in Maine for at least one year. Additionally, they must have resided in the district they aim to represent for the three months leading up to the election and continue to reside there throughout their term. At the time of their nomination, candidates must also be residents of the district they wish to represent. House members often focus on immediate and specific concerns within their districts, from funding for local schools to supporting small businesses.

The current party breakdown in the House mirrors the Senate in terms of Democratic control, but the broader number of seats means that Independents and other affiliations have representation. This diverse composition generally allows for a wider range of voices, which can influence state budget decisions, public health initiatives, and more localized issues affecting Maine communities.

Germany’s State Parliament: A Mixed-Member System

In Germany, state elections follow a mixed-member proportional representation system. The Landtag (state parliament) elections are held every five years in each of Germany's 16 federal states. Similar to Germany's Bundestagswahl ("German Federal Parliament Election") that I described in "Voting in Maine vs. Germany: Comparing Election Systems and What's at Stake in 2024," voters cast two votes: one for a candidate in their district (like in Maine), and another for a political party.

This process allows for a mix of direct and proportional representation, as the party vote influences the distribution of seats each party gets in the Landtag, the legislative branch. On the other hand, the Bundesrat (“federal council”) represents the states at the national level, and state governments are formed based on coalition politics, as no single party typically wins a majority on its own.

Judicial Elections in Maine: Probate Court Roles

In addition to legislative roles, Maine also elects judicial officers at the county level, such as judges and registers of probate. Probate courts in Maine handle important matters like wills, trusts, adoptions, name changes, and appointing guardians. These courts were created in 1820 by Maine's Constitution, and there is one probate court in each of the state's 16 counties.

Each probate court has its own judge, who serves a four-year term. To be a probate judge, a person must be a licensed lawyer and live in Maine. Unlike other judges, probate judges are chosen through elections where voters pick candidates based on political party affiliation. After winning an election, judges begin their term on January 1st, or immediately if they're filling a vacancy. Additionally, each county in Maine has a Register of Probate that manages the day-to-day operations of the local Probate Court. The citizens elect their county’s Register of Probate to a four-year term. If a probate judge or register leaves mid-term, the governor can appoint a temporary replacement from the same political party, but a permanent replacement must be elected during the next general election, as outlined in Maine's Constitution.

Judicial Appointments in Germany: A Merit-Based System

In contrast, in Germany, judges, including those handling probate matters, are not elected by the public but are appointed based on qualifications through a merit-based system. State-level governments or judicial committees typically make judicial appointments, and judges serve long terms, often until retirement or other specific conditions. Once appointed, judges usually serve until they retire unless they resign or are removed for misconduct.

Resources (links open in a new tab)

dKay in Maine
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