The state of Maine appealed a pause in a new law regulating foreign governments’ influence in elections, two weeks after the judge’s decision.
Maine voters passed Question 2 in November, which bans foreign governments and companies that are at least 5 percent owned by them from influencing candidate or referendum elections in Maine and urges Congress to pass an anti-corruption amendment to the Constitution.
U.S. District Court Judge Nancy Torresen paused the law with a Feb. 29 preliminary injunction, after Maine’s two largest power companies and groups representing Maine media outlets sued the Maine Commission on Governmental Ethics and Election Practices.
The lawsuits allege the law violates First Amendment rights, as well as the Dormant Commerce Clause, which stops states from discriminating against out-of-state businesses and trading. Torreson’s ruling said in part that the law could impact domestically held corporations, which would be unconstitutional.
The commission appealed Torresen’s ruling late Friday afternoon, to the U.S. Court of Appeals for the First Circuit in Boston. During a Feb. 23 hearing, Torresen said she expected an appeal of whatever ruling she issued.
Four lawsuits were filed after the law passed with 86 percent of the votes. One lawsuit each was filed by Central Maine Power Co. and Versant Power, one by current and former lawmakers, and one by a group representing Maine Association of Broadcasters and Maine Press Association, who are charged with enforcing aspects of the new law. The Bangor Daily News is a member of the latter group.
