Maine holds a primary on June 12. Independent gubernatorial candidate Terry Hayes, like all independent candidates in Maine, is only on the ballot in November, not the June primary. Her campaign wants to have volunteers handing out campaign literature near the entrance to the polls on primary day. But the Secretary of State says she can’t do that within 250 feet of the entrance of any polling place.
On May 26, she sued the Secretary of State, asking for injunctive relief. Hayes v Department of the Secretary of State, Kennebec Superior Court, AP-18-26. Here is the 13-page complaint. The law says, “On election day, certain activities are restricted at polling places, as follows: Influence or attempting to influence another person’s decision regarding a candidate or question that is on the ballot for the election that day.”
Hayes’ brief says that her campaign is not attempting to influence any voter about whom to vote for in either the Republican or Democratic primaries, and that in any event many voters who come to the polls on primary day will be independent voters who are there only to vote on a ballot measure, and who can’t participate in the major party primaries.