Senate and House races have been decided, Maine's congressional delegation is set, but one prominent statewide office remains open and will be determined this week.
The Legislature elects Maine's attorney general in a process usually well out of the public eye. But a three-way contest to become the state's top lawyer has turned into more of a real campaign, with public debates, news stories, press releases and even YouTube videos.
"It's the most unusual constitutional race I've seen – and I've seen them all since 1976," said state Sen. Bill Diamond, D-Windham. "It's kind of got to the point where it's almost a full public election."
Diamond was a constitutional officer himself, serving as Maine secretary of state from 1989 to 1996. Members of the state Legislature elect all of the constitutional officers – secretary of state, attorney general, auditor and treasurer – but only the AG's position is up for grabs this year.
Attorney General Steven Rowe must leave his post because of term limits and is considering a run for the governor's office. Three lawmakers are looking to replace him: State Reps. John Brautigam, D-Falmouth, Sean Faircloth, D-Bangor, and Janet Mills, D-Farmington.
The party in power has the most votes, and so the constitutional officers tend to be from that party. Democrats will caucus today and pick a candidate; the full Legislature will vote when it convenes Wednesday. Republicans, who are in the minority, could affect the final vote by banding together to support someone other than the front-runner.
The attorney general is elected to a four-year term and has a $90,000 annual salary. The attorney general represents the state in civil actions, investigates and prosecutes homicides and other crimes, gives written legal opinions to the governor, Legislature and state agencies and fills other functions. The office has more than 200 employees, including just over 100 attorneys.
The candidates attended at least two forums in recent months, one hosted by the Maine League of Women Voters and the AARP and an earlier one at the Portland law firm of Pierce Atwood. Daniel Wathen, a former chief justice of the Maine Supreme Judicial Court, moderated the Pierce Atwood debate.
For the first time, said Wathen, the public recognizes that the election is "more than just an inside game."
"The attorney general has a public role and so there's some genuine public interest in who's being considered for that," he said. "The fact that we don't get a chance to vote on it doesn't mean that we don't have an interest and opportunity to convey to our representatives what we think."
Longtime lawmaker John Martin, who will be sworn in as state representative from Eagle Lake on Wednesday, said he thinks the process is more open than it has been in the past.
Martin believes the publicity efforts around the race are aimed at freshman legislators. Of the 151 incoming House members, 48 are first-time lawmakers. Incumbent lawmakers would have worked with Brautigam, Faircloth or Mills, Martin said, and would know the candidates – unlike newcomers.
Faircloth put out news releases noting endorsements, including one from a former attorney general and several from district attorneys.
Brautigam videotaped the Pierce Atwood debate and put it up on YouTube, noted blogger Mike Tipping in his Maine Politics blog.
The race has drawn the attention of other Maine media outlets. Newspapers have run several stories, and editorials have suggested changes to how the attorney general is elected.
Diamond said he thinks the game has been changed for all contested constitutional races going forward, and that the public would be more interested in who's running for secretary of state, auditor, treasurer and attorney general.
"We've seen a sea change here," Diamond said.
The attorney general's office is also seen as a staging...
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