The time has come to popularly elect Maine’s top officials | Opinion
Maine’s top legal and financial officers are set to be chosen behind closed doors again this December, when the incoming 133rd Legislature convenes to select the state’s attorney general, secretary of state, treasurer and auditor through a process unique among American states.
Unlike every other state, which hold popular elections or other forms of direct voter input for these positions, Maine law gives the Legislature sole authority to appoint these four officials. The selections occur after the November elections, via a secret ballot, with no public input or scrutiny of candidates.
“This is no way to elect these critical officers, and so much is at stake,” said Sen. Bruce Bickford, a Republican who represents Auburn, Durham, Poland and New Gloucester and serves as the Senate Republican lead for the Legislature’s Taxation Committee. Bickford, a former state representative, argued that the current system rewards party loyalty above qualifications and has bred public mistrust.
Maine is the only state where these positions — three established by the state constitution and one by statute — are filled exclusively through legislative vote rather than by voters. In recent years, most appointees have been former lawmakers, party insiders, or current legislators. The current state treasurer, for example, was reelected to the Legislature in 2024 before assuming his role.
Critics say the process is vulnerable to backroom dealmaking and lacks transparency. It came under renewed scrutiny in 2021 when State Auditor Matthew Dunlap resigned after failing certification exams required for the position, raising questions about how he had originally been selected. Similarly, the bar for becoming attorney general requires only membership in good standing with the Maine State Bar, with no prosecutorial experience necessary.
These offices carry significant influence: the attorney general serves as the state’s chief legal officer and top litigant; the secretary of state oversees elections, corporations, and motor vehicle services; the treasurer manages the state’s finances; and the auditor ensures fiscal accountability within state government.
“These officers serve critical public roles,” Bickford said. “As Republicans have said previously, these officers have considerable power and policy influence and no accountability but for the party in power.”
Efforts to open the process to voters have faced repeated opposition. According to legislative records, nine bills introduced during the current session — seven Republican measures along with two bipartisan proposals — sought to move the selection process to statewide election. All failed along party lines, with the Democratic majority blocking the changes.
Despite the setbacks, reform advocates remain hopeful. The statutory role of state auditor could be changed through ordinary legislation, but altering the selection process for the other three constitutional offices would require a constitutional amendment approved by two-thirds of both chambers of the Legislature.
Still, Bickford expressed optimism, noting areas of unexpected alignment on the issue.
“Moving the responsibility for the election of these officers to the people is something Republicans have been advocating for years,” he said. “We can make that change easily for our statutory state auditor. However, a constitutional amendment is required for the other three. But if we can agree across the aisle, well — anything is possible.”
As Maine prepares for another round of appointments in December, advocates on both sides of the debate say the conversation is far from over. For now, the process remains as it has been for decades — decided quietly by legislators, without input from the voters who will live with the consequences.
