Mainers Vote to Raise Mimimum Wage, Legalize Pot, Tax the Rich and Implement Ranked Choice Voting Writer Crash Barry (left) and Frank Rizzo of Bethel (right) light up a joint to celebrate legalization of recreational marijuana back in 2013. Maine is certainly a quirky place. In a state that elected one of the most reactionary governors in the country, nearly just gave the Legislature a Republican majority and cast one electoral vote to Donald Trump, Mainers also voted Tuesday night to raise the minimum wage, legalize marijuana, implement ranked-choice voting and tax the wealthy. Mandatory background checks for private firearms sales failed, but all five ballot measures received more votes than the state gave to Democrat Hillary Clinton. As my friend Jameel would say, “Go home Maine, you’re drunk.”



With control of the Legislature divided between Democrats and Republicans, and LePage likely to continue vetoing bills like it’s his only job, it’s unlikely that any substantial legislation will pass for at least another two years. Voters can likely look forward to more referendums such as one to expand Medicaid, which has been vetoed countless times.



Below is a rundown of the recently passed citizen referendum questions. All percentages come from the statewide vote counts tabulated by the Portland Press Herald.



Maine Legalizes Marijuana



At press time, it appears that Maine has legalized recreational marijuana by a razor-thin margin of 50.2 to 49.8 percent, with 97 percent of precincts reporting. Similar referendums in California, Nevada and Massachusetts also passed on Tuesday night. The new law will allow adults to use, possess or transport up to 2-1/2 ounces of prepared marijuana and up to 6 immature plants or seedlings without fear of a citation. It also allows people 21 years of age and older to grow up to 6 flowering marijuana plants, 12 immature marijuana plants and unlimited seedlings for personal use. The law would apply the same restrictions to smoking pot in public places as the law dictates for smoking tobacco. Smoking pot in a prohibited place will result in a $100 fine.



Question 1 also recommends a 10-percent sales tax on retail weed and weed products, which is projected to bring in an estimated $2,800,000 in fiscal year 2017–18 and $10,700,000 in subsequent years, according to Maine’s nonpartisan Office of Fiscal and Program Review. The referendum directs 2 percent of the revenue to be earmarked for distribution to cities and towns.



The law also sets up a licensing system for retail pot stores as well as marijuana product manufacturing, cultivation and testing facilities. It creates licenses for retail marijuana social clubs where marijuana products can be sold and directs the Maine Department of Agriculture, Conservation and Forestry to regulate the cultivation, manufacture, distribution and sale of cannabis products. It also gives municipalities the right to regulate the number of marijuana retail establishments, to establish separate local licensing requirements and even to prohibit them operating in the town.



But although the referendum has likely passed, there could be a recount and if it ultimately prevails, it will be several months before the Legislature has a chance to hammer out the rules to implement the law, which can affect several aspects of the referendum, including the regulations on retail establishments, level of taxation and more. Local medical marijuana growers — who support legalization in concept, but opposed Question 1 on fears that it would create unfair competition from large marijuana businesses — will also doubtlessly be heavily involved in lobbying legislatures to ensure that their territory is protected.



It’s also unknown whether the LePage administration, which staunchly opposed Question 1, will even honor the spirit of the law. Last week, the Maine Medical Association tweeted that Gov. LePage informed the organization that if the measure passes he will put a 30-percent tax on both recreational and medical marijuana. It also remains to be seen how the new law will impact the price of pot. Currently the price of marijuana in Maine is approximately $200 an ounce, according to the website priceofweed.com, which is not much less than an ounce costs in Colorado, where recreational marijuana has been legal for the past two years. However, according to data compiled by the online marijuana distribution platform Tradiv, the cost per pound of wholesale pot in Colorado has dropped from between $2,400 and $2,600 to just $1,400 to $1,600 in the past year alone. Regardless, the margin of victory of Question 1 is so thin there will probably be a recount.



The “Tax the Wealthy, Fund the Schools” Bill Passes



On a margin of just over 50 percent, voters on Tuesday approved Question 2, which will impose a 3-percent tax on annual household incomes over $200,000 and earmark that money for public schools.



“The people of Maine have taken a giant step toward ensuring a strong future for our children — but this is a first step,” wrote the “Yes on 2” campaign in a statement. “It’s now up to us, the members of the coalition of supporters of Question 2, to hold our lawmakers accountable for executing the will of the people. We’re energized by the voice of the people, and we intend to turn that energy toward Augusta to help all Maine children get the education they deserve.”







The measure, which was opposed by Gov. LePage and the Chamber of Commerce, aims to meet a voter-mandated target of funding education to local schools at 55 percent. Over the past several years, the state’s share of education funding has dropped from a peak of nearly 53 percent in 2009 to just over 47 percent in the 2017 fiscal year. During that time, the state has also cut income taxes, while local homeowners and businesses have paid an additional $1.4 billion in property taxes since 2008. The initiative is projected to generate between $142 and $157 million in annual revenue, which would then be directed to a special fund called the “Fund to Advance Public Kindergarten to Grade 12 Education.”



While the referendum states that the money be used for schools, local voters can also technically choose to use it for property tax relief. Under the proposal, Rockland is projected to receive about $1.3 million more in funding. Other local school districts will also receive additional money through the school funding formula including Five Town CSD ($306,000), RSU 71 ($1.9 million), RSU 20 ($700,000), RSU 3 ($1.8 million) and RSU/MSAD 40 ($1.8 million). However, the numbers aren’t concrete, as state aid fluctuates because it is dependent on the district’s student enrollment, local property values and the number of disadvantaged students it has.



Minimum Wage Increase Passes by Wide Margin



Maine — along with Arizona, Colorado and Washington — voted to raise the minimum wage to at least $12 an hour by 2020, according to NPR. In Maine, the referendum passed by roughly 55 percent of the vote. In addition to incrementally increasing the general minimum wage to $12 an hour, Question 4 will also increase the direct wage for tipped workers from half of the minimum wage to $5 an hour in 2017. The minimum wage for tipped workers would continue to increase by $1 per year until it is equal to the general minimum wage, with a deadline of 2024. The group Mainers for Fair Wages, which spearheaded Question 4, estimates that 181,000 Mainers will see a wage hike due to the referendum’s passage. The measure, which was opposed by Gov. LePage and the Chamber of Commerce, aims to meet a voter-mandated target of funding education to local schools at 55 percent. Over the past several years, the state’s share of education funding has dropped from a peak of nearly 53 percent in 2009 to just over 47 percent in the 2017 fiscal year. During that time, the state has also cut income taxes, while local homeowners and businesses have paid an additional $1.4 billion in property taxes since 2008. The initiative is projected to generate between $142 and $157 million in annual revenue, which would then be directed to a special fund called the “Fund to Advance Public Kindergarten to Grade 12 Education.”While the referendum states that the money be used for schools, local voters can also technically choose to use it for property tax relief. Under the proposal, Rockland is projected to receive about $1.3 million more in funding. Other local school districts will also receive additional money through the school funding formula including Five Town CSD ($306,000), RSU 71 ($1.9 million), RSU 20 ($700,000), RSU 3 ($1.8 million) and RSU/MSAD 40 ($1.8 million). However, the numbers aren’t concrete, as state aid fluctuates because it is dependent on the district’s student enrollment, local property values and the number of disadvantaged students it has.Maine — along with Arizona, Colorado and Washington — voted to raise the minimum wage to at least $12 an hour by 2020, according to NPR. In Maine, the referendum passed by roughly 55 percent of the vote. In addition to incrementally increasing the general minimum wage to $12 an hour, Question 4 will also increase the direct wage for tipped workers from half of the minimum wage to $5 an hour in 2017. The minimum wage for tipped workers would continue to increase by $1 per year until it is equal to the general minimum wage, with a deadline of 2024. The group Mainers for Fair Wages, which spearheaded Question 4, estimates that 181,000 Mainers will see a wage hike due to the referendum’s passage. "This victory is important for 181,000 Mainers and their families, many living in deep poverty and barely scraping by," wrote Amy Halsted, the

Mainers for Fair Wages Campaign Manager, in a letter to supporters. "Together, we stood up for the fundamental American promise that if you work hard you should be able to make ends meet."





Maine First State to Pass Ranked-Choice Voting



Maine hasn’t elected a governor with a majority of the vote since 1998, but reformers are hoping to solve that conundrum with the passage of Question 5, which passed 52 to 48 percent. The initiative will allow voters to rank candidates by numbers in order of preference — 1, 2 and 3. If no candidate gets more than 50 percent of the vote in the first round of tabulation, the last-place candidates are defeated and their votes are distributed to their second-choice candidates. The candidate with the most votes in the final round of tabulation wins. Proponents say the system will help alleviate the pressure to “vote the lesser of two evils” in the two-party system and allow openings for independent voices.



Former independent state senator Dick Woodbury of Yarmouth, who helped lead the Question 5 campaign, called the win a “historic victory.”



“Democrats, Republicans, Independents, Greens, and Libertarians across Maine understand that the system is broken, and they have taken an important step to help fix it,” said Woodbury.



The new system will apply to U.S. senators, U.S. representatives, the governor, state senators and state representatives in primary and general elections held on or after January 1, 2018. The nonpartisan Office of Fiscal and Program Review estimates the program will cost the state about $761,344 in fiscal year 2017–18 and $641,440 in fiscal year 2018–19 to print additional ballot pages and update ballot machines in order to comply with the new system.



Currently no other states have ranked-choice voting (RCV), also known as “instant-runoff voting.” But the system is currently used in a number of cities across the country, including Portland, Maine, San Francisco and Oakland, California, and Minneapolis. It’s also used in Australia for national elections. Although proponents say the referendum will restore majority rule, the Maine Constitution explicitly states that the winning candidate must only win “a plurality of all votes returned.” According to Attorney General Janet Mills, that will likely mean that the state may have to amend the state constitution to state that the winning candidate must win a majority of votes in order to implement RCV. That will take 2/3 support of the Legislature and the majority support of voters.



Maine once had the majority clause in its Constitution, but it changed it to a plurality after a contested election in 1879 and questionable maneuvering by Democrats and Greenbackers caused a near-Civil War with angry armed Republicans lining up on the lawn across from the State House. As tensions built, former governor and Civil War hero Joshua Chamberlain, the then-commander of the Maine militia, was called in to face down 30 militants after threats of kidnapping and assassination.



The Supreme Court eventually ruled in favor of the Republicans, the Constitution was amended and everything quieted down. Hopefully, that kind of madness we used to see in the 19th century is behind us. Hopefully. X