Brakey's State Senate Tenure (2014–2018)
From 2014 to 2018, Brakey served in the Maine Senate, establishing a legislative record characterized by strong conservative principles. His influence was recognized by the American Conservative Union, which ranked his voting record as the most conservative in the Maine Senate for three consecutive years: 2015, 2016, and 2017.
Key Facts
- Conservative Ranking: Ranked as the most conservative Maine Senator from 2015 to 2017.
- Gun Rights: Sponsored the law eliminating concealed carry permits for legal owners 21+ and military personnel 18+.
- Healthcare: Led the effort to make Maine the first New England state to pass "right to try" legislation.
- Welfare: Negotiated reforms banning the use of TANF funds for luxury items, tobacco, and liquor.
- Criminal Justice: Advocated against civil asset forfeiture and proposed the elimination of cash bail.
Legislative Achievements in Healthcare and Social Services
As the chairman of the Health and Human Services Committee, Brakey played a pivotal role in shaping state policy regarding medical access and welfare. In 2016, he was the lead senate sponsor for right to try legislation. This law allows terminally ill patients to access investigational drugs, treatments, and medical devices that have not yet received approval from the Food and Drug Administration (FDA). Signed into law on March 30, 2016, this made Maine the 25th state in the U.S. and the first in New England to adopt such a policy.
Brakey also focused on welfare reform in 2016. He negotiated legislation restricting the use of Temporary Assistance for Needy Families (TANF)—a federal block grant providing cash assistance to low-income families—by banning its use for tobacco, liquor, gambling, lottery tickets, bail, firearms, vacations, adult entertainment, and tattoos. Violations of these rules carry penalties including restitution and benefit suspensions ranging from three to 24 months.
Regarding reproductive health and medication, Brakey sponsored a 2017 bill to increase birth control access by simplifying the process for patients to obtain medication with outdated prescriptions. However, he remained non-committal regarding whether he would support abortion access for women eligible under a potential Medicaid expansion.
Fiscal Policy and Economic Stance
Brakey's economic approach focused on reducing corporate subsidies and simplifying the tax code. He sponsored legislation to eliminate Maine's business income tax, paired with the removal of 47 specific tax credits and exemptions. Brakey described these exemptions as "corporate welfare" and "carve-outs," though the Maine State Chamber of Commerce opposed the measure.
His commitment to fiscal conservatism was further evidenced by his opposition to the Maine Capital Investment Fund. Brakey was the only senator to vote against the fund, arguing against the use of public funds to incentivize large out-of-state businesses to relocate to Maine.
Additionally, Brakey opposed the expansion of Medicaid, citing concerns over the long-term solvency of the federal government.
Criminal Justice and Civil Liberties
Brakey advocated for significant reforms to the legal system, particularly regarding the rights of the accused. He strongly opposed civil asset forfeiture—the legal process where law enforcement seizes assets suspected of being involved in a crime without necessarily charging the owner. He introduced a bill requiring a criminal conviction before property could be forfeited, though the bill did not pass.
In 2015, he proposed replacing cash bail with a risk-assessment system. Brakey noted that approximately 69 percent of Maine jail inmates were awaiting trial but unable to afford bail, arguing that a risk-based system would protect civil liberties and save taxpayer money.
Furthering his focus on rehabilitation, Brakey sponsored legislation to allow the expungement (the legal erasing of a criminal record) of certain nonviolent offenses five years after a sentence is completed, modeling the proposal after legislation in Kentucky.
Gun Rights and Marijuana Policy
Brakey was a key proponent of expanding firearm rights. In 2015, he sponsored legislation that removed the permit requirement for carrying a concealed firearm for legal owners aged 21 and older, as well as military members aged 18 and older. This bill was supported by the National Rifle Association and Maine State Police, but opposed by the Maine Sheriffs' Association, the Maine Chiefs of Police Association, and Everytown for Gun Safety.
On the issue of marijuana, Brakey supported both medical and adult use. In 2015, he sponsored a bill to allow medical marijuana access in nursing homes and hospitals. He also supported Question 1 on the 2016 ballot, which legalized the adult use of marijuana in Maine.
| Issue | Position/Action | Outcome/Status |
|---|---|---|
| Concealed Carry Permits | Eliminate permits for legal owners 21+ | Signed into Law |
| Right to Try | Access to non-FDA approved drugs for terminally ill | Signed into Law |
| TANF Funds | Ban use for tobacco, liquor, and gambling | Implemented |
| Business Income Tax | Eliminate tax and 47 "carve-out" credits | Sponsored |
| Civil Asset Forfeiture | Require conviction before forfeiture | Did not pass |
| Cash Bail | Replace with risk-assessment system | Sponsored |
| Adult-Use Marijuana | Support legalization (Question 1) | Legalized via Ballot |
Frequently Asked Questions
How did the American Conservative Union view Brakey's record?
The American Conservative Union ranked Brakey's voting record as the most conservative in the Maine Senate for the years 2015, 2016, and 2017.
What was the "right to try" legislation?
It was a law sponsored by Brakey that guarantees terminally ill patients the right to use investigational medical devices, treatments, and drugs that have not yet been approved by the FDA.
What changes did Brakey propose for the Maine bail system?
Brakey introduced legislation to eliminate cash bail and replace it with a risk-assessment system to ensure that defendants who are not flight risks could be released pending trial.
What was Brakey's stance on the Maine Capital Investment Fund?
Brakey was the sole "no" vote in the senate against the fund, as he opposed using public funds to incentivize large out-of-state businesses to move to Maine.
Which groups opposed the concealed carry legislation?
The legislation was opposed by Everytown for Gun Safety, the Maine Sheriffs' Association, and the Maine Chiefs of Police Association.
Who did Brakey support in the 2016 presidential election?
While initially declined to specify, Brakey stated in April 2018 that he proudly voted for Donald Trump.