On February 16, U.S. District Court Judge John A. Woodcock, a Bush Jr. appointee, issued a 76-page order in We the People PAC v Bellows, 1:20cv-489. The order enjoins the Maine ban on out-of-state circulators for initiatives. It also enjoins the Maine law requiring initiative circulators to be registered voters.
The order is somewhat surprising, because the Maine State Supreme Court had twice upheld the same laws, in 1998 and again just last September. Also in 1999 a U.S. District Court in Maine had upheld the law. Furthermore, even Judge Woodcock himself had declined last month to issue a temporary restraining order against the restrictions.
The order explains that between last month and this month, the plaintiffs produced so much convincing evidence that it is clear the laws are a severe burden on free speech. The evidence included the point that there are only six Maine residents who make a living circulating petitions, while there are hundreds of them in the remainder of the U.S. The order also says that professional circulators are likely to make themselves available to Maine election authorities of there is any question about their work, because if they don’t, their professional reputation will suffer.
The order quotes former Secretary of State Matt Dunlap, speaking publicly and saying “It’s not normal, socially it’s not normal to walk up to perfect strangers and say, ‘excuse me are you a registered voter, would you like to sign this petition’ and so it takes a particular type of personality to be able to do this.’ It is this difficulty that drives groups to hire out-of-state professional circulators to gather signatures.” Thanks to Trent Pool for this news.