Barbara Bagshaw: Protecting Maine’s voice in Presidential Elections

By State Rep. Barbara Bagshaw

Last session, the Legislature passed a law that limits the voices of small states like Maine in selecting a President.

State Rep. Barbara
Bagshaw

The National Popular Vote Interstate Compact that was approved by lawmakers by one vote, and allowed to become law without the governor’s signature, would award the state’s four electoral votes to whichever candidate garners the most popular votes nationwide, irrespective of who the majority of Mainers voted for at the ballot box.

The Electoral College is a constitutional provision that ensures that small states, like Maine, have a voice in selecting the President of the United States. Because of that provision, Maine has received attention from presidential candidates. The law attempts to circumvent the Constitution by surrendering Maine’s voice through an interstate compact.

It means that if Mainers vote for a different candidate than the candidate winning the national popular vote, state electors would be bound to vote for the popular vote winner. The votes of large states with major cities like California and New York would dominate at the expense of smaller, rural states.

The compact requires enough states to join before it is triggered. It has the potential to create national chaos in our court system, especially if there is a recount in any of the states.

I can only speculate why Governor Mills did not sign it. In her message she claimed that she had conflicted feelings about the law and saw merit in both sides. I personally believe that it is unconstitutional under Article 1, Sec. 10, Clause 3 because it enters into a state compact without Congressional approval. It will not withstand Supreme Court scrutiny if it is ever triggered.

Ironically, the law was passed to prevent President Trump from being elected because Democrats assumed he would lose the popular vote. In 2024, Trump won the popular vote and an Electoral College landslide, winning all the battleground states. It is dangerous to change the constitution for future electoral advantage by looking back at previous elections.

As your legislator I sponsored a bill to repeal the law and recently it had a public hearing. I am hopeful that there is enough bipartisan support to correct the mistake that was made and preserve Maine influence in Presidential elections. The legislature must carefully consider protecting Maine’s 4 electoral votes from theft by large, urban states.

It is an honor to represent part of Windham in the Legislature. If there is any way that I can be of assistance, please contact me at barbara.bagshaw@legislature.maine.gov .My office phone number is 207-287-1440. You can find me on Facebook. To receive regular updates, sign up for my e-newsletter at https://mainehousegop.org/

The opinions in this column are those of the author. They do not necessarily reflect the opinions or views of The Windham Eagle newspaper ownership or its staff. <