Attempt to censure Maine House Speaker fails despite frustration from Republicans

An attempt to censure Maine House Speaker Ryan Fecteau (D-Biddeford) failed despite frustration from the minority party about the enforcement of House rules. 

Rep. Shelley Rudnicki (R-Fairfield) introduced the order, arguing that the Democrat had violated two House rules: one that states business cannot be conducted after 9 p.m. and another that requires the agreement of two-thirds of members present to dispense House rules. 

The censure — an official statement of condemnation by the Legislature — failed 24-119, after House Minority Leader Billy Bob Faulkingham (R-Winter Harbor) and other Republicans said they understand the frustration felt by some members of their party, but that it didn’t rise to the level of revoking Fecteau’s ability to vote or speak on the floor.

Rudnicki claims Feacteau violated these rules on March 20 when both chambers held lengthy sessions to pass the two-year budget. She also claimed the choice to work late into the night put members at risk of harm given that many had to drive home after the day’s work. 

That evening, Fecteau determined that the rule that business cannot be conducted after 9 p.m. had been suspended by implication of a majority of representatives returning to work after that time. A majority of the House also voted that evening to sustain that determination. Republicans pointed back to the rules, which state a two-thirds majority of members present is needed to dispense a rule.

“The censure of a member of this body should not be taken lightly,” said Assistant Majority Leader Lori Gramlich of Old Orchard Beach, whose comment was met with scoffs from across the aisle. 

Gramlich argued that the censure order failed to recognize decades of precedent with work extending past 9 p.m. under an implication and not by a vote. She specifically mentioned the 125th Legislature, during which the House worked past 9 p.m. without taking a vote to do so at least five times under Republican Speaker Bob Nutting. 

A few Republicans questioned why the 9 p.m. rule is in place if it isn’t going to be followed, including some freshman representatives who said it has been confusing trying to understand which rules are actually adhered to. Some felt that if the rule is on the books, it’s the speaker’s job to follow it or it should be updated. 

Despite not supporting Rudnicki’s order, Faulkingham said Democrats have “made a mockery of the censure process.” He pointed out that there have only been four censures in the Maine Legislature since 1820 and three of them — including the ongoing censure of Rep. Laurel Libby (R-Auburn) — have come in the past year and a half under Democratic majorities. The first censure was an independent from Auburn in 2001. 

“Frankly, we need to focus on our work and not focus on censures, which I think has been a huge distraction of this body for the last three months,” said Rep. Ken Fredette (R-Newport), expressing concern also voiced by Faulkingham that the body should be using its time more productively. 

Before the vote, Rep. Will Tuell (R-East Machias) suggested that other representatives reject the censure of Fecteau, rescind the censure of Libby and revisit the rule governing the process. He proposed requiring a two-thirds vote, rather than just a majority, to censure a lawmaker. 

Libby was censured in late February for posting on her legislative Facebook page photographs and personal details about a transgender high school athlete. Last April, Rudnicki and Rep. Michael Lemelin (R-Chelsea) were censured for comments they made that implied that the Legislature’s enactment of an abortion bill caused the mass shooting in Lewiston by invoking God’s wrath.