Maine’s high court keeps transgender athlete referendum off 2026 ballot

Politics
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AUGUSTA, Maine — The Maine Supreme Judicial Court on Friday upheld Secretary of State Shenna Bellows’ decision to keep a referendum banning transgender girls from female school sports off the November ballot.

The high court ruled Bellows was “not only authorized but was constitutionally bound” when she moved in May to throw out more than 1,500 signatures gathered by out-of-state circulators who never agreed to submit to Maine’s jurisdiction.

The unanimous ruling from the six-justice panel closes out a monthslong legal fight that began when Bellows’ office invalidated more than 12,000 signatures submitted by Protect Girls’ Sports in Maine, leaving the petition 532 signatures short of the 67,682 needed to qualify.

The group, backed heavily by Republican megadonor Richard Uihlein, had argued Bellows overstepped her authority by enforcing a settlement that ended a 2023 First Amendment lawsuit over Maine’s ban on out-of-state circulators, rather than letting Maine voters decide whether to loosen the state’s residency rules for petition circulators.

The court rejected that argument, finding Bellows was bound by the Maine Constitution’s residency requirement for circulators except where a federal injunction narrowly excused her from enforcing it, and that four nonresident circulators who never checked a box consenting to Maine jurisdiction fell outside that carveout.

Justices also rejected the campaign’s fallback argument that one circulator’s belated affidavit, filed months after the Feb. 2 filing deadline, should have salvaged her roughly 61 signatures, citing a state law requiring circulator affidavits to be filed when the petition is.

The decision effectively ends the campaign’s bid for the 2026 ballot, though the court noted proponents could still gather the roughly 500 additional signatures needed to try again for the 2027 ballot.