In reversal, transgender sports referendum won’t be on Maine’s fall ballot

Maine Secretary of State Shenna Bellows speaks to residents of The Highlands in Topsham on April 3. (Daryn Slover/Staff Photographer)

Secretary of State Shenna Bellows announced Tuesday that a citizen initiative proposing limits on the rights of transgender students did not qualify for the November ballot because organizers did not gather enough valid signatures.

The decision marks a reversal for Bellows, who previously ruled the proposal had qualified for the ballot.

“Citizen initiatives are direct democracy. Just as we take voting security seriously, we take petition integrity seriously,” Bellows said in a written statement. “Unfortunately, some out-of-state circulators failed to meet certain legal requirements for petitions, resulting in this initiative failing to qualify for the ballot after legal review. I am proud of the hard work and dedication of the Secretary of State staff who work so hard to safeguard our elections for the benefit of every Maine voter.”

The ruling may not be the last word on the proposal. Bellows’ decision could be further challenged in court. Proponents have 10 days to appeal.

The Secretary of State’s office said in a news release that the wording to the question will still be released on Thursday in case a judge overturns her decision.

A spokesperson for Protect Girls’ Sports, the advocacy group behind the referendum, could not be immediately reached by phone or email for comment.

However, the Maine GOP blasted Bellows’ decision, noting that the signatures were initially certified by local officials.

“Shenna Bellows has a bad habit of abusing her power as Secretary of State for her own political agenda, and she needs to be stopped,” said Jim Deyermond, the Maine GOP chairperson.

The ballot initiative would have required Maine schools to have separate bathrooms and locker rooms for students based on the sex they were assigned at birth. It also would have barred transgender athletes from competing in a way that aligns with their gender identity.

The referendum effort has drawn massive support and significant opposition from outside groups. Conservative megadonor and Illinois businessman Richard Uihlein put forward $800,000 to support the referendum effort.

Bellows previously certified that the referendum’s organizers had gathered enough valid signatures to qualify.

That decision prompted a group of Maine citizens to sue, and the Cumberland County Superior Court remanded the cases back to the state.

Last week, Chief Deputy Secretary of State Katherine McBrien, the designated appeals officer, ruled that group fell roughly 500 valid signatures short of the 67,682 needed to appear on the ballot.

On Tuesday, Bellows confirmed she would act on that recommendation. She said two out-of-state signature collectors violated state law by leaving their petitions unattended, while others did not properly take an oath to follow state law.

Bellows defended her office’s initial review of the petitions, saying those issues only could have been surfaced through the hearing process, which allowed for additional evidence and sworn statements.

“I think this shows the process works,” Bellows said told reporters at the State House Tuesday.

Bellows originally ruled that the referendum had qualified for the ballot by more than 3,000 signatures.

But a more detailed review after the issue was remanded back to her office resulted in 1,037 signatures being invalidated because the circulator’s oath was not complete, not administered property or “untrustworthy,” her office said. Another 2,335 were struck because the circulator didn’t file a necessary affidavit.

And 162 signatures were invalidated because signatures were “signed by another,” Bellows’ office said. Bellows declined to comment on whether charges are being considered.

Bellows previously made headlines for throwing President Donald Trump off of the 2024 presidential ballot — a move that was reversed by the courts. She is one of five Democrats seeking the party’s nomination for governor on June 9.

But she said politics played no role in her decision Tuesday.

“My decision was grounded in the evidence and the facts that were presented at the hearing, the recommendation from my staff, and the arguments made by the two parties,” she said.

Campaign for Free and Fair Schools, a committee formed to oppose the potential ballot question, celebrated the decision.

“Maine has strict rules in place to protect the integrity of our elections and our system of direct democracy,” campaign manager David Farmer said. “The paid, out-of-state signature gathers and the billionaire who paid to try to put this question on the ballot failed to follow the rules. We believe that the appeals process and the reviews by the Secretary of State are working as the law intends. They are protecting the integrity of our elections.”