In a lengthy reply to Rep. Jeffrey Evangelos’ (I-Friendship) and fellow signers’ request to refer the matter of Gov. Paul LePage’s fitness to remain governor to the State Judicial Supreme Court, Maine Secretary of State Matt Dunlap said he lacks the evidence to prove LePage is unable to perform his duties.

“As you note, the Governor’s public deliverance of obscenity is just the latest in a six-year string of what I and many others condemn as defamations to the hallowed office of Governor,” Dunlap writes in the Thursday, Sept. 8 reply letter.

“While his latest series of statements plows yet new ground, nothing he has done is really surprising or out of character when contemplated against his prior trespasses on the public discourse. That his comments cause discontent and even outrage is not new, and while many feel the coarseness of his rhetoric does nothing to elevate the office, those statements in and of themselves do not indicate an inability to perform the functions of the office of Governor.”

Dunlap said the Constitution’s provision that deals with the Secretary of State asking the state’s high court for removal of a sitting governor presumes that the condition is temporary.

“There is no provision in the Constitution to remove the Governor, per se; although the Constitution is a thorough document, accounting for almost any eventuality. Included in those preparations are the provisions you describe in Article V, Part First, Section 15. I must emphasize here that the provisions of Section 15 are, by design, temporary. It must be assumed that any condition that would render the Governor unable to perform his duties would be surmountable,” Dunlap writes.

Dunlap writes that he spoke to a great number of people, including legislators, attorneys with the Attorney General’s office, and members of the public. On Sept. 7, Dunlap held a conference call with the House Democratic caucus regarding the matter. Dunlap’s office confirmed the meeting took place.

According to members who were present for the caucus, Dunlap said he was unlikely to take the matter to the Supreme Court, well before he communicated that to the original petitioner, Evangelos, who, as an Independent, was not present at the Democratic caucus.

Not all of them were pleased about Dunlap’s unwillingness to pursue the issue. Jennifer DeChant, representative from Bath, said, in a phone interview Thursday, “It is gravely disappointing to not have an avenue for accountability. It is gravely disappointing that the only viable option of a special session was ruined through partisan posturing. I wish the Secretary of State would reconsider his position. It is maddening. Because we all know that something will happen again at some point and we will be back to this.”

Speaker of the House Mark Eves, interviewed separately, said, “Anyone who has been paying attention over the past two weeks has seen Democrats be clear, strong and unified in their call for the Governor to resign or be removed from office for his conduct. We pushed for the strongest possible action available to the Legislature under the Maine Constitution. Republicans stood unified and in lock-step to prevent any action by the Legislature to hold the governor accountable. Under the Maine Constitution, the question raised in (Evangelos’) letter are solely within the powers of the Secretary of State."

Evangelos responded to the Secretary’s letter by saying, “Maine is falling victim to abject cowardice at all levels, politically.” In an open letter to the people of Maine, Evangelos writes Sept. 8,  “Let us be clear, any person in this State who repeatedly threatened to kill colleagues at their place of work, would be immediately fired, would be reported to police, and would be placed under mental health watch. The use of violent language by this Governor, combined with political anger, represents a real threat to public safety and is a serious violation of his oath of office, his oath to the Constitution, the 14th Amendment equal protection clause, his duty to protect the public safety for all. Failing to learn the lessons of history, Democratic leadership and the Republicans are doomed to repeat it. The fault for the consequences is theirs.”

Dunlap said in his letter that should any additional information come to light that could prove LePage incapable of performing his duties, Dunlap would act. “It is my belief that the actions of the Governor, while reprehensible, do not indicate that he is unable to perform the duties of the office. If any evidence of such inability comes to my attention in the future, you may be assured I will not require correspondence in order to act on behalf of the people of Maine.”