A look at the legislative voting records of the Republican CD2 candidates

The Republican candidates looking to unseat Jared Golden in Maine’s 2nd Congressional District both just wrapped up their first terms in the Maine State Legislature. 

Maine Morning Star reviewed the more than 550 roll call votes Rep. Austin Theriault of Fort Kent and Rep. Mike Soboleski of Phillips took while serving in the Maine House of Representatives over the past two years.

More often than not, the two were aligned in their votes, but there were some notable differences around certain drug policy and social issues. Across the board, Soboleski more consistently took a conservative stance, whereas Theriault’s votes would vary on issues depending on the specific bill.

For example, this showed up with measures that sought to address Maine’s housing crisis. Theriault supported the enactment of a bill (LD 2) to create the state’s housing first fund, but he did not back a $100 million bill (LD 1867) to subsidize mixed-income housing development projects for nonprofits and municipalities. Soboleski did not support either measure.

There was also a notable difference in the number of votes each candidate missed over the two sessions. Theriault was absent for 45 votes, whereas Soboleski missed eight. 

“One hundred percent conservative”

During a televised debate in April, Soboleski claimed he was the only person in the race to have a “100% conservative” voting record in the House. When Maine Morning Star followed up on that claim, Soboleski said it came from voting grades given by the national American Conservative Union/CPAC.

“I have a 100% conservative rating due to my votes for protecting our constitutional rights, free markets, deregulation and common sense solutions to modern problems,” he said. 

Soboleski does have a 100% rating on the CPAC Center for Legislative Accountability website; however, it only lists 19 votes. Theriault is not listed on the rankings. A representative from CPAC told Maine Morning Star the sparse data on the two candidates is likely a result of them only serving one term so far. 

Theriault occasionally veered from the majority of Republicans, such as opposing a bill (LD 998) that would have eliminated the annual cost of living increase to the state minimum wage. He also opposed a proposal (LD 835) to phase out income tax that most other Republicans, including Soboleski, were in favor of. 

However, Soboleski also strayed from the caucus at times. He was one of few Republicans to join Democrats in voting down a bill (LD 994) to amend the definitions of amphetamine and methamphetamine in the Maine Criminal Code. And he was one of 10 Republicans who didn’t vote in line with the party to support amendments (LD 1967) to municipal cable television systems ordinances.

Theriault did not respond to multiple requests for comment. 

Drug policy 

One issue that came up during the two debates between the candidates was their differing views on harm reduction practices, such as the creation of safe consumption sites —where people can administer previously obtained drugs under medical supervision as a way to prevent overdoses. 

While Soboleski voted against a bill to study the authorization of such sites, Theriault said he has family members who have struggled with addiction and his experience has shown him that people who need recovery resources aren’t always able to access them. 

“We need to not judge them; we need to help get them access to recovery treatment,” Theriault said during the debate held at the Maine GOP conference in April. 

Theriault was also in favor of allowing people to apply to get their criminal histories for now-legal marijuana crimes sealed. But he joined Soboleski in voting against a failed bill that would have made recording-sealing the default.

Gender identity

Soboleski draws a hard line voting against what are seen as progressive policies around gender and sexuality, but again Theriault’s votes on these issues were a mixed-bag. 

Though Theriault was one of two Republicans to support a proposal (LD 942) to look into adding a third gender option to most state forms, he opposed the bill that would actually implement the change. Additionally, he opposed a bill (LD 1507) allowing a person to get a new marriage certificate to reflect a change of gender.

And while he supported a Democrat-backed change (LD 707) to the Maine Human Rights Act with regard to gender identity, Theriault did not vote for a proposal (LD 1040) to reimburse gender-affirming care for MaineCare members. 

What legislation did they sponsor?

As freshmen legislators, Theriault sponsored three bills and Soboleski sponsored five. However, they both signed on to dozens more as cosponsors. 

Of the bills they sponsored, they each had one become law. 

Soboleski’s successful bill requires legislative approval for new rules adopted by the Department of Environmental Protection regarding motor vehicle emission standards, including Advanced Clean Cars II, which was taken up by the Board of Environmental Protection but ultimately rejected in March. 

Theriault’s bill that became law seeks to increase Maine’s use of wood waste — like scrap, sawdust and paper mill residue — for energy production, a priority of some in his timber-heavy district.