A participant in a Wabanaki Alliance rally on Indigenous Peoples’ Day at the Maine State House in Augusta. Oct. 9, 2023. (Jim Neuger/ Maine Morning Star)
While the election for Maine’s next governor is still more than a year out, several candidates have already made day one pledges to support a cause that’s been stalled by the current governor: tribal sovereignty.
Seven of the 16 candidates running for governor in 2026, when Gov. Janet Mills will term out, have vowed to back sweeping reform. Most are Democrats, but not all.
“It’s the right f***ing thing to do,” said Democrat Troy Jackson, former president of the Maine Senate, when he was the first to announce on May 19 that he’d submit a bill to restore tribal sovereignty to the Wabanaki Nations on day one of his administration.
Jackson told Maine Morning Star the support among gubernatorial candidates to restore full sovereignty to the Tribes shows that this issue is likely to be a priority of the next administration, regardless of whether he wins.
Further, he sees the support as reason for the Maine Legislature to act before then and pass legislation when lawmakers return in January. The Legislature carried over a sweeping tribal sovereignty proposal, so lawmakers already have a vehicle to do so.
“But if they won’t,” Jackson said, “the next governor should lead on this.”
The Houlton Band of Maliseet, Mi’kmaq Nation, Passamaquoddy Tribe and Penobscot Nation — collectively known as the Wabanaki Nations — are treated differently than other federally recognized tribes. This is because of a 1980 land settlement agreement that left them with a relationship to the state more akin to municipalities than sovereign nations.
Mills, a Democrat, has approached changing this dynamic on a case-by-case basis, pushing through piecemeal adjustments while rejecting attempts to overhaul the agreement, which has put her at odds with many members of her own party.
But, increasingly, tribal sovereignty has garnered bipartisan support.
Sponsored by House Minority Leader Billy Bob Faulkingham (R-Winter Harbor), the latest attempt at another incremental change — a bill to prevent the state from being able to seize tribal land for public use — passed both chambers but was ultimately vetoed by Mills.
Some of that bipartisan support extends to the gubernatorial hopefuls.
Pledges of full sovereignty
Two other Democratic candidates announced similar plans on the campaign trail to sign legislation that would recognize the full sovereignty of the Wabanaki Nations — Hannah Pingree when she announced her candidacy in June, and Secretary of State Shenna Bellows this week.
Maine Morning Star’s outreach to all candidates about this issue shows support is even more widespread than that.
State Sen. Rick Bennett, a former Republican who left the party when launching his independent bid for governor, told Maine Morning Star that he plans to propose sweeping sovereignty legislation if elected, which is in line with his support of such proposals as a senator.
“These four are uniquely discriminated against,” Bennett said of the Wabanaki Nations, “largely because the state refuses to take action.”
The last attempt to overhaul the Settlement Act, LD 1626 in 2022, would have allowed the Tribes to self-govern within their respective territories in accordance with the same federal laws that generally govern tribal lands elsewhere in the U.S. by enacting most of the recommendations of the task force convened in 2019 to review the Settlement Act.
After initially passing the Legislature, the bill died on what’s known as the “appropriations table” allegedly because of its cost. But, really, Bennett said, “The reason that happened was the governor said that she didn’t want to see it on her desk.”
Mills had sent a letter asking legislative and tribal leaders to stand down on their effort, citing concerns it could lead to increased litigation and more division, and the bill then died without final action.
Bennett said this was an example of “legislative dysfunction and of the unfortunate politics that prevail in Augusta,” a point he made at the time on the Senate floor when he attempted to move it off the table, to no avail.
Looking back, Jackson criticized Mills’ concern about possible litigation, saying, “that type of reaction can be made to every piece of legislation… If you’re going to worry about the fact that somebody’s going to sue you in the United States, then you’re not going to do anything and governments should just shut down.”
Jackson added, “Every other state has made some way to have tribal sovereignty work, and it is working to some extent. Why Maine — that is supposed to be the state that leads — can’t lead on this issue is beyond me.”
That type of broad legislation is what Bennett, Jackson and others are generally referring to when they say they’d propose a bill to recognize full Wabanaki sovereignty. An earlier omnibus bill died when the Legislature adjourned early at the onset of the COVID-19 pandemic.
Insight on how gubernatorial candidates who have served in the Legislature will approach tribal issues can be gleaned from their past votes.
Bennett did not have the opportunity to vote on LD 1626, but the scorecard released by the Wabanaki Alliance — a coalition formed to push for state recognition of tribal sovereignty — that year noted he was a vocal supporter of it. Bennett has otherwise supported much of the legislation the alliance has backed, including one bill that sought to restore access to beneficial federal laws, though it ultimately failed.
Jackson voted for the omnibus bill and overall voted 100% in line with Wabanaki Alliance stances on other proposals in his final three sessions in the Legislature, since the group started ranking lawmakers in the 129th Legislature, 2019-2020.
Bellows, a former state senator, also voted 100% in line with Wabanaki Alliance stances during her last term.
Sen. James Libby, who is running as a Republican for governor, was not in the Legislature when the last omnibus bill was considered. He’s since voted in line with the Wabanaki Nations on some of their other priority bills — including the proposal to access federal laws — but against others — such as the recent bill to ban eminent domain of tribal land. Libby did not respond to Maine Morning Star’s requests for comment.
While not in the Legislature, Pingree served in the Mills administration as head of the Office of Policy Innovation and the Future until stepping down this spring to run for governor. She has tried to distance herself from Mills’ approach to tribal sovereignty in particular.
“I support full tribal sovereignty and would sign legislation to advance that goal,” Pingree said in a statement to Maine Morning Star. “The Wabanaki Nations deserve the same rights as every other federally recognized tribe, not only as a matter of fairness and justice, but to build a stronger future. I have worked with tribal leaders on climate resilience and look forward to expanding partnerships on economic development, health care, infrastructure, natural resources, and environmental protection.”
Democrat Kenneth Pinet of South Portland vowed to grant full sovereignty to the Wabanaki Nations but did not say whether he’d propose legislation himself.
“In essence, I will direct and support immediate and comprehensive action to confer full sovereignty upon the Indigenous tribes of Maine,” Pinet said in a statement to Maine Morning Star.
Similarly, Republican Kenneth Capron, a Portland-based retired Certified Public Accountant and financial fraud investigator, did not share specific plans for legislation but said in a statement, “I can’t wait for a chance to stand up and fight for the rights of our Tribes and their sovereignty.”
He said his support stems from seeing the respect shown when his father worked as a doctor and treated some Passamaquoddy citizens.
“As a result, I have always had a warmth toward all Indigenous peoples — not from guilt for what settlers did to them but because they are good people,” Capron added.
Independent John Glowa supports tribal sovereignty, according to his campaign website, though he did not respond to Maine Morning Star’s requests for comment. He wrote on his website that tribal sovereignty would be a win-win for the Tribes and state by allowing the Tribes to grow their economy and bring prosperity to their regions.
“To say that the U.S. government and the State of Maine have abused, neglected and taken advantage of Maine’s indigenous people is an understatement,” his website reads. “The Maine Indian Claims Settlement Act of 1980 and the continuing refusal of the State of Maine to recognize their sovereignty are prime examples.”
Contingent support
Other candidates who responded to Maine Morning Star are not promising full tribal sovereignty.
Angus King III, the son of independent U.S. Sen. Angus King, said in a statement, “We’ve got to get the legislation right with new and trusted voices focused on honoring and respecting the rights of the Wabanaki Nations and the surrounding communities.”
King, who works in the renewable energy sector, said the state needs to do things differently than it has, but didn’t elaborate on how, aside from saying he’d “bring all voices to the table, listen and take real action.”
“The truth is that the trust between the state and the Wabanaki Nations has continued to erode since the settlement act was signed decades ago, and the world has changed as well,” he said. “As governor, I would look forward to rebuilding those relationships and working on changes that reflect the needs of every community.”
Democrat Jason Cherry, who previously ran an unsuccessful bid for U.S. Senate as an independent, said he is in favor of the Wabanaki Nations’ return to self-determination, with some caveats. One is ensuring that Maine law enforcement has concurrent jurisdiction or a memorandum of understanding to investigate crimes.
Last year, the state passed a law that expanded Wabanaki authority to prosecute more serious offenses committed on tribal territory by tribal members. Cherry did not respond to follow up questions regarding whether he’d be looking to change that new law.
The other caveat to full sovereignty Cherry has is with gambling, though he said, “I would not be against a casino per se, but would want some limitations due to the impact on impoverished communities.”
Among the many federal laws that do not apply to the Wabanaki Nations due to the Settlement Act is one that offers federally recognized tribes the right to exclusively regulate and take in revenue from gambling on tribal lands.
In 2022, the Maine Legislature amended the act to permit Tribes to handle sports betting. This year, lawmakers attempted to give the Wabanaki Nations exclusive rights to operate internet gaming in Maine and afford the Tribes more revenue from gambling at private casinos. The latter was carried over into the next session, which begins in January, while the igaming bill is being held by the governor.
“The reason I am in favor of self-determination for the Wabanaki Nation is that they deserve a right to repair the loss of the land and their identities,” Cherry said. “It is not ‘woke-ism’ to accept that our ancestors took these lands by force. The ability to at least rectify that moral wrong in some part is a sign of being mature, courageous, compassionate, and honest.”
Unclear at this time
Republican Bobby Charles, a lawyer who served under former President Ronald Reagan and both Bush administrations, said the issue had not been top of mind for him but that he will do “a deep dive and try to more fully understand the issue, all equities, and where my own thinking comes out.”
Independent Alexander Murchison has no plans to introduce tribal sovereignty legislation at this time. “Being unfamiliar with the issue, he would require more information on the matter before making any clear stances for the time being,” his campaign office shared in a statement.
The following candidates did not respond to requests for comment and have not otherwise publicly shared their stance on tribal sovereignty: Republican David Jones, Republican Owen McCarthy, Republican Ben Midgley and Republican Robert Wessels. Maria Aguilo and Steven Sheppard filed paperwork to run for governor as Republicans, but their candidate status is now listed as “terminated” on the state’s website.
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