Maine Governor Vetoes Bill to Ban Foreign Influence in Elections

Maine Gov. Janet Mills attends the Climate Action Summit 2019 in the U.N. General Assembly Hall in New York on Sept. 23, 2019. (Timothy A. Clary/AFP via Getty Images)

Maine’s Democrat Gov. Janet Mills vetoed a bill on July 19 that would bar foreign governments from influencing state elections or ballot measures, but the state Legislature will make the final decision next week on whether the measure becomes law.

The governor cited constitutionality concerns as one of her reasons for blocking the bill (pdf), holding that it unlawfully restricts political speech and would likely silence “legitimate voices, including Maine-based businesses” that happen to have foreign investors.

But the provisions related to media outlets and internet platforms were what Ms. Mills said she found “most troubling.”

Specifically, the bill would require internet platforms to immediately remove communications paid for by foreign government-influenced entities. Media outlets would also be required to establish policies to ensure such communications are not distributed.

Companies that failed in those missions would be penalized.

However, the governor said that she agreed with the measure’s support for promoting an “anti-corruption” amendment to the U.S. Constitution to preserve the integrity of elections.

“We can find a way to prevent foreign influence in our elections by enacting a more narrowly tailored and easily understood statute,” she added. “Foreign actors have, and will, attempt to influence elections in America, but in attempting to protect our citizens from such nefarious actors, we should not create a bureaucratic morass that will entrap and silence otherwise legitimate voices and undermine the fundamental American cornerstones of free speech and free press.”

Energy Project Sparks Dispute

Ms. Mills vetoed a similar ban on foreign electioneering in 2021. Both that bill and its latest iteration sprung from a heated battle over a $1 billion project to build a conduit for Hydro-Québec to bring its hydropower to the New England power grid.

For years, the Canadian utility, owned by the government of Quebec, has aimed to supply up to 1,200 megawatts of power—enough to power 1 million homes—via the New England Clean Energy Connect, which is being funded by Massachusetts ratepayers.

But in an unusual twist, the embattled project turned political allies into foes, pitting green energy proponents against conservationists. Supporters argued that the project would reduce carbon emissions and lower energy costs for New Englanders across the board. Detractors, however, held that the project’s environmental benefits had been overstated and that it would destroy the 53 miles of Maine forests slated to be cleared for construction.

Voters rebuked the project in a 2021 ballot referendum that Hydro-Québec poured millions into fighting.

Although state law currently prohibits foreign nationals and companies from donating to election campaigns, a loophole allows expenditures related to referendums—hence the proposed legislation.

The voters’ decision brought construction to a halt as the battle over the project continued in the courts.

In April, a jury ruled that developers had a constitutional right to continue construction, finding that much of the work had already been completed in good faith prior to the statewide vote.

A month later, the Maine Department of Environmental Protection restored permits for the project, though construction is still on hold as Massachusetts lawmakers determine how to address the cost increases spurred by the delay.

Hydro-Québec

While that lengthy legal storm may be in the rearview, Hydro-Québec has faced a litany of other storms—both literal and figurative—in recent months.

On July 13, severe thunderstorms in Quebec left nearly 500,000 Hydro-Québec customers without power, CBC reported. It was the utility’s second widespread outage this month after a problem with a transmission line resulted in hydropower outages for upwards of 200,000 clients.

Additionally, in April, more than 675,000 Hydro-Québec customers lost power during a deadly ice storm, resulting in what Canadian Energy Minister Pierre Fitzgibbon called a crisis. During that same month, the utility also fell victim to a cyberattack.

Hydro-Québec’s recent woes also build upon the arrest last November of one of the utility’s researchers, Yuesheng Wang, on suspicion of sending trade secrets to China “to the detriment of Canada’s economic interests.”

In a statement, Hydro-Québec said it had worked closely with authorities on the matter, having brought the situation to the Royal Canadian Mounted Police’s attention after conducting an internal investigation.

Mr. Wang, who has since been released on bail, stands accused of using his position to conduct research for a Chinese university and other Chinese research centers. He also allegedly published scientific articles and submitted patents in association with a foreign actor rather than through Hydro-Québec.

According to his profile on ResearchGate, Mr. Wang had worked for Hydro-Québec since October 2016. He worked on battery materials with the Center of Excellence in Transportation Electrification and Energy Storage.

Previously, he was a postdoctoral researcher at the University of Arkansas and a visiting researcher at Queen Mary University of London. Between 2010 and 2016, he studied at the Chinese Academy of Sciences in Beijing.

Andrew Chen, The Associated Press, and The Canadian Press contributed to this report.