Maine Republicans Push for Alternative to ‘Red Flag’ Ballot Initiative

Republicans in Maine’s legislature are making a last minute push to put an alternative to a “red flag” proposal before the voters this November; one that would bolster mental health access across the state, particularly in rural areas. 

The “red flag” measure is guaranteed to be on the ballot, but Republicans and some Second Amendment advocates argue that lawmakers should act to give voters the opportunity to vote for a competing measure measure instead. 

The proposal was unveiled Tuesday morning at a news conference hosted by Maine House Republicans. It would establish two new crisis receiving centers offering services to people undergoing a mental health crisis and provide funding for five community behavioral health clinics.

The proposal also would require school resource officers to undergo training every two years on extreme risk protection orders which can be used to temporarily remove a person’s firearms, and would prohibit a court from issuing an order denying a person the right to purchase or possess a dangerous weapon except in certain circumstances, including the issuance of an extreme risk protection order. 

And it would create a grant fund to support the extreme risk protection order process and address the underlying mental health issues that prompt the orders to be issued. 

“This competing measure strengthens our yellow flag law,” said Rep. Jennifer Poirier, R-Skowhegan, who is leading the effort to get the measure on the November ballot as an alternative to the red flag initiative that has already qualified.

… Lawmakers have three options when receiving a qualified citizens initiative: Enact it without changes, send it to voters, or send it to voters with a competing measure. It’s rare, however, for lawmakers to add competing measures — the last time that occurred was in 2003, according to legislative records.

It may be rare, but I’d say it’s also entirely appropriate in this case. Maine already has a “yellow flag” law in place, so why not give votes the option to strengthen the existing law instead of enacting something with less due process protections, no mental health component at all, but will put both the subject of a “red flag” order and the law enforcement officers who serve the order at greater risk of harm?

The “yellow flag” law isn’t perfect, but it’s far better than any “red flag” law on the books, and the Republican proposal would offer substantial improvements to mental health access in the state, which is critically important. So will the Democrats in the legislature agree to put this competing measure on the ballot in November? 

Doesn’t look like it. 

Poirier, meanwhile, called on Senate President Mattie Daughtry, D-Brunswick, and House Speaker Ryan Fecteau, D-Biddeford, to move forward with a work session on the competing measure, though it was unclear Tuesday afternoon if that would happen. Lawmakers are in the final days of the session and leaders have indicated they plan to conclude their work by Wednesday.

“We have options to either go into a straight work session in committee or take this up on the House floor, and we’re waiting for them to answer that call for action,” Poirier said.

Spokespeople for Daughtry and Fecteau did not respond Tuesday to questions about whether a work session would be scheduled or if the proposal would be taken up on the House floor.

It took weeks for Democrats to bend to public pressure and hold a hearing on the “red flag” initiative, despite the fact that state law made it clear a hearing had to be held. I just don’t see them agreeing to hold a working group for an optional alternative on the final day of the session, and a day after Republicans announced their desire for a competing measure. 

I doubt Democrats would have gone along with their proposal no matter when it was introduced, but from a strategic perspective this should have been rolled out several weeks ago alongside the push for the public hearing on the “red flag” proposal. There was intense criticism, even from some “red flag” supporters, about the Democrats’ unwillingness to adhere to state law, and that would have been the perfect opportunity to suggest and alternative and see if the Democrats would stonewall that effort as well. 

As things stand, it looks like voters will decide between the status quo and a “red flag” law come November, with no option to improve the “yellow flag” system or increase mental health funding in rural parts of the state. I hope I’m wrong and Democrats do allow for this competing measure to appear on the ballot, but given their track record I have no faith whatsoever that they’ll do the right thing here.