Signature dispute could derail Maine’s anti-trans ballot initiative

Maine election officials spent hours Tuesday reconsidering whether a proposed ballot initiative targeting transgender students should qualify for the November ballot, reopening a politically explosive fight that has turned the state into a national battleground over transgender rights.

The hearing focused on whether supporters of the referendum improperly gathered petition signatures, Spectrum News reports. The dispute could determine whether voters will decide this fall whether transgender students can participate in school sports and access bathrooms and locker rooms consistent with their gender identity.

At issue is a citizen initiative backed by Protect Girls Sports in Maine that would require public schools to designate sports teams and sex-separated facilities based on sex assigned at birth. The measure would also create legal liability for schools accused of allowing transgender students to participate in girls’ sports or use girls’ facilities.

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According to Spectrum News, challengers argued Tuesday that thousands of petition signatures should be invalidated because some petitions were allegedly left unattended in businesses and public locations rather than directly supervised by circulators, as required under Maine law.

The secretary of state’s office now has until May 26 to issue a new determination on whether enough valid signatures remain to qualify the measure for the ballot.

The hearing followed a court order from Cumberland County Superior Court Justice Thomas McKeon directing election officials to revisit the campaign’s signatures after opponents argued the state had not fully investigated allegations of improper circulation practices.

Secretary of State Shenna Bellows had previously certified that the campaign submitted enough valid signatures, finding more than 71,000 acceptable, roughly 3,300 above the threshold for ballot access, according to Spectrum News.

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As The Advocate recently reported, conservative activists across the country are increasingly shifting from legislative fights over transgender rights to ballot initiatives aimed directly at voters. Similar proposed measures involving transgender athletes, bathrooms, and gender-affirming care are advancing in states including Colorado, Washington, and Missouri.

The strategy reflects a growing effort by anti-trans activists to bypass statehouses where some proposals have stalled and instead wage political campaigns directly at the ballot box.

The dynamic has drawn comparisons to the early 2000s push for statewide constitutional bans on marriage equality.

“This harkens back to 2004 and the playbook around marriage equality,” Alana Jochum of Advocates for Trans Equality told The Advocate. “Our opposition is turning to an old playbook to scapegoat a small population.”

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The Maine referendum also comes after months of escalating conflict between Maine leaders and President Donald Trump’s administration over transgender student athletes. Earlier this year, Trump criticized the state for allowing transgender girls to compete in girls’ school sports, while Democratic Gov. Janet Mills defended Maine’s policies and pledged to follow state and federal anti-discrimination law.