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Maine's Democratic AG Facing Challenge from Republican Lobbyist

AUGUSTA, Maine - Maine Attorney General Janet Mills, a Democrat, is expected to face a challenge from a Republican lobbyist when the new Legislature elects constitutional officers on Wednesday.

Mills, who has held the spot for the past four years, will likely face off against Josh Tardy, a well-known lobbyist and former Republican state lawmaker.

Mills is in a good position to retain her job, but her reelection could be close. Constitutional officers are elected by a majority of the Legislature during a joint convention of the House and Senate. Democrats have 94 of the 186 seats in the Legislature, which would be just enough to reelect Mills if all Democrats vote the party-line.

Republicans, who have 90 seats, hope to peel off two independents and some Democrats to put Tardy over the top.

That may prove difficult. Republicans have accused Mills of playing politics in refusing to represent Gov. Paul LePage on controversial legal pursuits, including his effort to halt reimbursing municipalities that provide General Assistance to asylum seekers.

But Democrats often see Mills as an effective check on a governor known for pushing the boundaries of his executive power.

Mills and LePage have clashed on several issues. His administration has accused the Office of Attorney General of not aggressively prosecuting welfare fraud cases investigated by the Department of Health and Human Services. Mills has responded by saying that many of the cases referred to her office are not prosecutable, and also that the governor delayed hiring an additional fraud prosecutor.

Mills also opposed the LePage administration's bid to cut Medicaid coverage for approximately 6,500 19- and 20-year-olds. LePage attempted to appeal to the U.S. Supreme Court, but the court did not agree to hear the case.

In another high profile disagreement, Mills opposed LePage when he unsuccessfully attempted to veto more than 60 bills after the statutory deadline in 2014. Documents obtained through a Freedom of Access Act request later showed that Mills questioned the administration's attempt to veto the bill retroactively. The fight made it all the way to the Maine Supreme Court, which ruled that LePage erred in delaying his vetoes.

Mills has also questioned the administration's use of attorneys to handle duties that she believes is her office's responsibility. Cynthia Montgomery, LePage's former legal counsel, responded by saying the administration didn't trust Mills.

The tug-of-war prompted LePage last year to submit legislation that would have stripped the Legislature's constitutionally-enshrined election of its top law enforcement official. If approved, it would have allowed the governor to appoint the attorney general, becoming the sixth state to do so.

According to the National Association of Attorneys General, Maine is the only state in which Legislature elects its top law enforcement official. In 43 states and the District of Columbia, the attorney general is popularly elected. The proposal would have required changing the Maine Constitution and an OK by voters. It was soundly defeated by the Legislature.

Elections for constitutional officers will take place Wednesday after the new Legislature is sworn in. Secretary of State Matt Dunlap, a Democrat, is also up for reelection, but he has so far not drawn a challenger. State Treasurer Terry Hayes is expected to be challenged by former Democratic state Rep. Adam Goode, of Bangor.

Journalist Steve Mistler is Maine Public’s chief politics and government correspondent. He is based at the State House.