The Maine Supreme Judicial Court ruled on July 10, 2026, to uphold the invalidation of signatures collected for a proposed initiative titled "An Act to Designate School Sports Participation and Facilities by Sex." This decision affects the Protect Girls Sports in Maine committee, which had gathered signatures to support the legislation. The ruling clarifies the requirements for petition circulators, particularly regarding residency and consent to jurisdiction.
The case, Jane Gilbert v. Secretary of State (Docket: Cum-26-288), began when the Protect Girls Sports in Maine committee submitted 79,692 signatures to the Secretary of State on February 2, 2026. The Secretary initially found 71,033 signatures valid, exceeding the required 67,682 signatures needed for the petition to proceed. However, a challenge arose regarding signatures collected by four circulators who did not reside in Maine and failed to consent to the jurisdiction of Maine courts, as required by state law.
Jane Gilbert and others challenged the Secretary's decision, arguing that the signatures from the out-of-state circulators should be invalidated. The Superior Court affirmed the Secretary's ruling, leading to the appeal to the Maine Supreme Judicial Court. The court's decision addressed the legal authority of the Secretary of State to invalidate signatures based on the residency requirement and the necessity for circulators to consent to jurisdiction.
The Maine Supreme Judicial Court, in its ruling, emphasized that the Secretary of State was both authorized and constitutionally obligated to enforce the residency requirement for petition circulators. The court stated, "The Secretary was not only authorized but was constitutionally bound to impose and enforce the oath requirement." This ruling reinforces the importance of compliance with state laws regarding the initiative process.
The court noted that the Secretary's decision to invalidate the signatures collected by the four nonresident circulators was justified. The circulators had failed to check a box on their affidavits consenting to Maine's jurisdiction, which was a requirement under state law. The court highlighted that the Secretary's role includes ensuring the integrity of the petition process, stating, "The Secretary must make this determination in a very short time. Allowing ad hoc corrections with no specific deadline after the constitutional deadline for filing the initiative petition would not only effectively undermine the constitutional deadline but would also impose a burden on the Secretary that erodes her ability to fulfill her duties."
This ruling has significant implications for future ballot initiatives in Maine. It clarifies the requirements for petition circulators, particularly the necessity for them to be residents of Maine or to consent to the jurisdiction of the state. This decision may influence how future initiatives are organized and the strategies used by committees to gather signatures.
As for the future, the ruling can potentially be appealed to the U.S. Supreme Court, although details regarding any related cases were not available in the court filing. The outcome of this case may also prompt further discussions about the balance between state laws and federal constitutional rights regarding the initiative process.