It’s Their Party (If They Want It)

For almost two decades now there have been three officially-recognized political parties in Maine: the Republicans, the Democrats and the Greens. The Libertarians now trying to join them, to regain the status they lost in 1992, when Libertarian presidential candidate Andre Marrou failed to get 5% of the vote in Maine. Since then the laws have changed: political parties no longer need to get 5% of the vote in a gubernatorial or presidential election in order to maintain ballot status. Instead they need to keep 10,000 voters registered in the party – a much lower hurdle. This means that, for example, the Green Party will maintain ballot access despite the withdrawal of Lynne Williams from the gubernatorial race. In the long run, this change will make life much easier for the Greens and other third parties. Indeed, it may enable parties to focus on smaller races – like the Legislature – and avoid sinking their resources into the high-profile statewide races merely to keep ballot access.

In order to gain ballot access, a group has to get signatures from voters saying they will join the party equal to 5% of the votes cast in the last gubernatorial election – around 27,000. This is known as the “petition method” for creating a political party.  As anyone who has collected signatures for a referendum or people’s veto knows, it’s no easy task. Many of Maine’s successful referendum drives have been professionally organized and financed.  However, it is not the only option open for those wishing to form a political party.

The other option is very relevant in an election with two independents polling above 5%: organizing around a candidate (21-A §302). This allows organizers to essentially skip ahead to maintaining ballot access rather than collecting signatures to gain access. It’s relatively simple: A voter or group of voters may approach an independent candidate who received more than 5% of the vote in the last gubernatorial or presidential election in Maine, forming a party with his or her blessing. Organizers may then immediately enroll voters in their new party.

It doesn’t stay that simple, of course.

All political parties needs to have at least one municipal caucus in each of the state’s sixteen counties, as well as a statewide convention, in every election year. Parties also, of course, need to maintain those 10,000 registered voters. Provided they keep up on those requirements, they’ll keep their ballot status. That’s no easy task – it takes a lot of effort to keep a statewide organization, even a minimal one, ongoing. That’s part of the reason that, while other parties have come and gone, Maine generally has had three political parties, with the Republicans and Democrats dominating, just as in other states.

This device hasn’t been used mainly because, while one might guess otherwise, not many independent candidates for governor or president have received more than 5% of the vote.  Neither Angus King nor Jim Longley ever showed any interest in starting their own political party. Over the past thirty-two years only five unsuccessful independent gubernatorial candidates received more than 5% of the vote, most recently Barbara Merrill in 2002. While that may be more frequent than most states, it hasn’t led to a proliferation of third parties.

So, if Eliot Cutler, Shawn Moody or Kevin Scott hit 5% on November 2, they’d have some options after Election Day. They could start their own party, reflecting their values and platform, that could field candidates in the 2012 elections. Or, a group like the Libertarian Party of Maine could approach them regarding ballot access. The impact of any of the independents could, theoretically, be felt on Maine politics long after their campaign ended. Of course, whether they’d have any interest is another question entirely.