REFORMING MAINE’S EMERGENCY POWERS LAW
Following the initial declaration of Civil State of Emergency by Maine Governor Janet Mills in March 2020, lawmakers adjourned to allow the executive branch to manage the pandemic. As the spring and summer wore on, legislative leadership repeatedly denied requests by the minority to reconvene, avoiding difficult votes for members of the governor’s party. Over the course of 2020, Maine people saw firsthand how unified government in Augusta could mean a potentially never-ending state of emergency.
By Maine law, absent a joint resolution from the legislature, the governor may choose to continue an emergency declaration in perpetuity. While this is not the least-friendly regime to liberty, it is far from ideal.
Looking to other states, Maine lawmakers can secure the people an equal seat at the table no matter who controls the governorship or legislature. A proposal to require a legislative concurrence vote for any emergency extension beyond the initial 30-day declaration would go a long way to ensuring the people remain involved in the process. As Minnesota requires, Maine might benefit from a requirement where the governor must convene a special session of the legislature after any emergency lasting longer than 30 days.
Legislators may also look to expand their authority to nullify specific orders issued under an emergency, not only the emergency declaration itself, as New York allows. That change would provide a backstop for over-zealous governors who might attempt to unilaterally implement arbitrary, unproven, and unworkable mandates on the people. None of these reforms would hinder a governor’s ability to quickly respond to an imminent crisis.