Maine has a mixed recent history on citizens’ initiatives. Here’s a closer look.
When Maine voters cast ballots Tuesday on referendum Questions 1 and 2, it marked the 30th and 31st time that’s happened over the last two decades. Since 2004, the state has passed 14 citizen-led ballot initiatives that have established laws for medical marijuana and later legalized recreational cannabis, expanded Medicaid, and allowed same-sex couples to marry.
Fifteen initiatives have failed, including several efforts to reduce taxes, attempts to establish casinos in various parts of the state, and a proposed tax on wealthy households to fund universal home health care for seniors and disabled residents.
Roughly half of all U.S. states have some form of citizen initiative, although Massachusetts is the only other state in New England with such a process. Some states, like California, have considered citizen initiatives at a higher frequency.
Maine’s process has been in existence for over 100 years, with several statewide initiatives appearing on the ballot recently— notably four in 2023 and five in 2016. However, there were no initiatives in 2019, 2020, or 2022.
“The idea is to give regular citizens more of a voice in the policy process,” said Dan Shea, a professor of government at Colby College. He explained that Maine’s process originated at a time when corrupt party machines often controlled legislative efforts at the turn of the 20th century. “The process was designed to allow citizens to step beyond leaders of the parties in the Legislature and get stuff done,” he said.
### Challenges and Concerns
There are some downsides to passing legislation by referendum. Citizens’ initiatives can attract out-of-state influence and money, especially from activists who view Maine’s relatively low media costs as an opportunity to test policies. Additionally, the proposals are often complex, making it challenging for voters to fully grasp all the details and impacts.
“Maine is a pretty cheap state for advertising,” said Michael Franz, professor of government and legal studies at Bowdoin College. “Because Mainers see it as part of their political culture to vote on these measures, it becomes a perfect place for advocates to put initiatives on the ballot and test them.”
Franz also noted that due to current political polarization and frustration with elected officials, citizen initiatives offer a way for people with ideas to bypass lawmakers entirely.
Many Maine voters are wary of out-of-state influence, and while the proposals can be complex, the electorate has proven “pretty savvy” when deciding on citizens’ initiatives. However, because these measures do not go through the normal legislative process, many end up facing legal challenges.
### Qualification Process
To qualify for the ballot in Maine, supporters must gather signatures equal to 10% of the turnout for the most recent gubernatorial election. This year, that meant collecting 67,682 signatures. Political scientists agree that this threshold is high enough to prevent the process from being overused or abused.
Citizen-led initiatives often push forward laws the Legislature is unwilling to take up or support. Some see them as a way for lawmakers to “pass the buck” and avoid making decisions on controversial measures, though these initiatives have placed Maine at the forefront of some national issues.
### Notable Citizen-Led Initiatives in Maine
Here’s a look at 10 high-profile citizen-led initiatives that have either passed or failed in recent years:
#### 2009: Medical Marijuana Act Expanded
Maine voters had already approved a law in 1999 allowing the medical use of marijuana. In 2009, residents passed a citizen-led Medical Marijuana Act that expanded the list of permitted uses, created a broader regulatory framework, and allowed dispensaries. Seven years later, in 2016, Mainers approved recreational marijuana legalization.
#### 2010: Oxford County Casino Approved
On the second attempt, Maine voters approved establishing a casino in Oxford County. The measure passed by fewer than 5,000 votes, amid heavy lobbying from supporters of another casino—Hollywood Slots in Bangor—that was approved earlier. The Oxford Casino opened in 2012 and has since added a hotel. Maine’s two casinos generate tens of millions in revenue monthly, with portions supporting statewide education and other initiatives.
#### 2012: Same-Sex Marriage Legalized
Maine became the first state to legalize same-sex marriage through a referendum when 53% of voters supported the initiative in 2012. The effort began years earlier in 2009, when the Democratic-led Legislature passed a law allowing same-sex marriage, signed by then-Gov. John Baldacci. Opponents quickly gathered signatures for a veto referendum, which repealed the law by a 53%-47% vote.
In 2015, the U.S. Supreme Court ruled that states could not deny marriage licenses to same-sex couples, affirming marriage equality nationwide.
#### 2014: Bear Baiting Ban Rejected
For the second time in a decade, Maine voters rejected an effort to ban bait and traps for bear hunting. Opposition was led by the Sportsman’s Alliance of Maine, the state’s largest gun rights and hunting advocacy group. A similar bear baiting ban was rejected in 2004.
#### 2016: Gun Background Checks Defeated
Maine voters narrowly rejected an initiative to mandate background checks on private gun sales, loans, or transfers. The initiative was heavily influenced by major national organizations: Everytown for Gun Safety supported it while the National Rifle Association opposed it. Hunting and gun ownership are deeply rooted in Maine’s culture, contributing to resistance toward additional gun restrictions.
The 2024 Question 2 referendum, proposing a red flag law allowing family members to petition courts to temporarily remove firearms from individuals in crisis, represents another test on gun policy in the state.
#### 2016: Minimum Wage Increase Passed
Despite concerns from the business community, Maine voters approved a referendum that gradually increased the state’s minimum wage over four years. The wage now adjusts annually based on the Northeast Region’s cost-of-living index. The current statewide minimum wage is $14.65 per hour. Portland, where the cost of living is higher, has set a higher minimum wage and residents will vote soon on whether to raise it again to $19 per hour.
#### 2016: Ranked Choice Voting Adopted
Maine became the first state to adopt ranked choice voting (RCV) for gubernatorial, congressional, and legislative races when 52% of voters supported a citizen-led initiative. The law faced immediate legal challenges and legislative delays, but supporters mounted a successful people’s veto in 2018. That November, Maine became the first state to use ranked choice voting in a federal election. Since then, Alaska has also adopted RCV.
#### 2016: Recreational Marijuana Legalized
In a narrow vote, Mainers approved legalizing recreational marijuana, nearly two decades after legalizing medical marijuana. The measure passed by about 4,000 votes out of 760,000 ballots cast. Though passed in 2016, it took several years for the state to develop a regulatory framework. Today, Maine’s recreational marijuana industry generates nearly $250 million annually.
#### 2017: Medicaid Expansion Approved
After years of opposition from Republican Gov. Paul LePage, Medicaid expansion finally passed with 59% support in an off-year election through a citizen initiative. LePage initially refused to implement the law, stalling its progress until he left office. One of Gov. Janet Mills’ first actions was to immediately implement the Medicaid expansion.
#### 2018: Universal Home Health Care Rejected
A progressive advocacy group, Maine People’s Alliance, proposed a 3.8% tax on families and individuals earning more than $128,400 to fund universal home health care for seniors and disabled residents. Voters overwhelmingly rejected the measure, with 63% voting no. Advocates shifted their focus to establishing a paid family leave law, which the Legislature passed in 2023.
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Staff writer Rachel Ohm contributed to this report.
https://www.pressherald.com/2025/11/01/maine-has-a-mixed-recent-history-on-citizens-initiatives-heres-a-closer-look-2/
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