Endorsements spark clash between Ellsworth candidate and council

An argument broke out at an Ellsworth City Council meeting on Monday when the council chairwoman tried to restrict the comments of a council candidate when he tried to make political endorsements.
The testy exchange between John Linnehan and Council Chair Michelle Beal lasted roughly five minutes during the public comment portion of the meeting. Linnehan, a frequent candidate for political office who has unsuccessfully run several times for Ellsworth council and state legislative seats, began describing a voter guide he said he put together for the Nov. 5 election when Beal cut him off.
“That’s a political statement that you’re making, telling people who to vote for, for the council,” Beal said. “You cannot make election comments within 250 feet of a polling place. It’s not allowed. It’s illegal.”
Linnehan, who frequently speaks at Ellsworth City Council meetings, insisted on continuing, arguing he was allowed to speak without being “censored.” He is one of five candidates whose names are printed on the city ballot in the council race.
The other candidates who are running for two available seats on the council are Rob McKenney, Cale Roberts, Tabatha White, and incumbent Steve O’Halloran.
State law prohibits people from attempting to influence anyone else’s vote within 250 feet of a polling place “regarding a candidate for an office or question that is on the ballot for the election that day.” The council chambers at Ellsworth City Hall are used as a polling place on election day, which this year is Nov. 5.
Early in-person voting, in which registered voters are allowed to cast ballots prior to the day of the election, is allowed in Maine at least 30 days beforehand. It was unclear Tuesday if the restriction on political endorsements also applies during early voting in a place where election booths will be erected for the final day of the voting.
Questions about what people can say during citizen comment portions of public meetings have come up before in Ellsworth and other places when officials have tried to prevent people from speaking. Topics that are the subject of pending litigation are routinely off limits, for legal reasons, but courts have found that other comments that some might find objectionable are protected by the First Amendment.
In 2021, Ellsworth’s school board reached a settlement with resident Gwen Clark after she was prevented from speaking at one of its meetings.
On Tuesday, Beal and fellow Councilor Patrick Lyons — who also cut off Linnehan and told him he could not mention any candidates by name — did not return messages seeking comment.
The city’s attorney, John Hamer of Bangor, also did not immediately respond.
Linnehan said Tuesday he does not buy the explanation that his comments could be construed as inappropriate influence at a polling place. City Hall closes at 5 p.m. on Mondays, an hour before the start of the council meeting, and no voting was taking place in the building when he got up to speak.
“I was totally taken off guard last night by the negative, hostile environment and comments of the council chair and at least one council member who almost immediately tried to and in fact did trample my constitutional rights and freedoms such as freedom of speech,” Linnehan said. “It makes no sense to me at all.”
At the meeting on Monday evening, Beal offered to let Linnehan continue with his statement, as long as he didn’t mention any candidate names. Linnehan said he would not mention anyone’s name, but then started speaking about White, the only woman in the race.
“There’s a Democrat running that should not be voted for because she is in favor of big government and higher taxes, which are policies for the Democratic Party,” Linnehan said.
Linnehan went on, saying that three candidates are Republicans and that he — despite being a longtime Republican — was running as an independent who has pledged not to raise taxes.
Beal and fellow Councilor Patrick Lyons tried to interrupt Linnehan, again telling him that electioneering in that venue was not allowed.
“John, just stop, you’re done,” Lyons said. “I think this is an excellent guide of who not to vote for.”
“We need common sense, not nonsense,” Linnehan said, wrapping up his remarks.
“Thanks for the nonsense,” Lyons replied.