House rejects bid for tribal voting Penobscot Nation rep says issue will be revisited

AUGUSTA – The House on Thursday rejected an effort to give greater voice to its “invisible” members – representatives of the Passamaquoddy Tribe and the Penobscot Nation.

Expanding the voting rights of the two tribal members in the Legislature may be “politically correct,” but would be a clear violation of the equal protection provision of the U.S. Constitution, House members decided.

A motion to allow the two tribal members to vote only in committee and only on Indian-related legislation was rejected by 74-68.

“It’s an educational process. We will try again,” said Donna M. Loring, representative of the Penobscot Nation, following the vote. She was encouraged that the change failed by a mere six votes. “We hope to reverse that in this session. We will get it,” she said.

The rule change was sponsored by Rep. Joe Brooks, D-Winterport. He told the chamber on Thursday morning that Loring and Donald G. Soctomah, Passamaquoddy tribal representative, are allowed to sponsor legislation and sit on committees. But when their legislation comes before their committees, they are not allowed to vote or amend their own bills.

Brooks asked House members to “think about introducing legislation, debating and discussing it, but not being allowed to vote on it. The Indian population needs to be represented,” Brooks said. He emphasized that the change would allow voting only in committee, not on the House floor.

In an emotional plea, Loring asked the House to recognize the special relationship the tribes have had with the country, which predates Maine. Maine’s Indian tribes were asked by George Washington to fight in the Revolution and “without our help Maine might be part of Canada now,” she said.

Maine was the last state to allow its Indian population full voting rights – in 1963.

“We are Maine’s invisible population and our history has not always been a good one. There has been racism and prejudice, abuse and neglect, ” Loring said. For decades Maine’s Indian tribes were under the strict control of Indian agents and faced “dreadful” living conditions.

Maine is the only state with tribal representatives in its Legislature, she said. But without voting rights, “I feel invisible, a nonentity, less important than everyone else. We want a small voice in the policy-making process. This is a question of human decency,” Loring said.

The change was endorsed by Rep. Albion D. Goodwin, D-Pembroke, who represents 1,200 tribal members.

“This is something so wrong, let’s make it right,” said Rep. Joanne T. Twomey, D-Biddeford.

But the effort was derided as another attempt to be “politically correct” by Rep. Thomas F. Shields, R-Auburn, who said the change would violate the one-person, one-vote protection of the state and federal constitutions. Too often, groups present themselves as “victims” in order to get favorable legislation, he said.

House Minority Leader Joseph Bruno, R-Raymond, noted that tribal leaders were chosen by all members, some of whom live in Canada. He suggested that the change be referred to the Legislature’s Rules Committee, which had more time than the House to do a full review. “I am having a hard time with this. It’s not a bad idea, but it didn’t have a good hearing,” Bruno said.