Maine Question 8, Repeal Constitutional Provision Prohibiting Voting for Individuals Under Guardianship Due to Mental Illness Amendment (2023)

Maine Question 8
Election date November 7, 2023
Topic Suffrage and Constitutional language
Status d Defeated
Type Constitutional amendment	Origin State legislature

Maine Question 8, the Repeal Constitutional Provision Prohibiting Voting for Individuals Under Guardianship Due to Mental Illness Amendment, was on the ballot in Maine as a legislatively referred constitutional amendment on November 7, 2023. It was defeated.

A "yes" vote supported removing a constitutional provision, found unconstitutional by a federal district court in 2001, that says individuals under guardianship for reasons of mental illness cannot vote for governor, senators, and representatives.

A "no" vote opposed removing a constitutional provision, found unconstitutional by a federal district court in 2001, that says individuals under guardianship for reasons of mental illness cannot vote for governor, senators, and representatives.

Election results

Maine Question 8
Result		Votes	Percentage
Yes		184,063	46.58%
No		211,120	53.42%

Results are officially certified.

Source

Overview

What would Question 8 have done?

See also: Constitutional changes

Question 8 would have amended the Maine Constitution to allow individuals under a guardianship due to a mental illness to be able to vote in elections for governor, senators, and representatives.

The amendment was designed to align the Maine Constitution with the Doe v. Rowe decision of the U.S. District Court which found that Article II, Section I of the Maine Constitution, along with an existing Maine statute, violate both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment in the U.S. Constitution. The Disability Rights Center of Maine filed a lawsuit in federal court in Maine on behalf of three individuals who were under guardianship because of mental illness in 2000. The lawsuit challenged the constitutionality of the relevant part of Article II, Section 1, finding the language unconstitutional. Ultimately, the case failed to repeal or modify this constitutional language.

Has this issue appeared on the ballot in Maine before?

See also: Previous Maine measures

The proposal to amend Article II, Section 1 of the Maine Constitution—by removing language prohibiting individuals who are under guardianship for reasons of mental illness from being able to vote—has been on the ballot twice before in Maine.

The first time was in 1997, when voters decided on Question 5. The amendment was defeated, being approved by 41.87% of voters and defeated by 58.13% of voters. The second time a measure to amend Article II, Section 1 appeared on the ballot was in 2000, and was also called Question 5, but was also defeated by voters by 60.25%-39.75%.

How did this measure get on the ballot?

See also: Path to the ballot

The amendment was sponsored by Sen. Craig Hickman (D). For the state legislature to place a constitutional amendment on the ballot in Maine, a two-thirds majority (66.67%) vote is required from each chamber during one legislative session.

On June 20, the Maine State Senate and the Maine House of Representatives voted to engross the amendment. On July 25, the House and the Senate each voted by a two-thirds supermajority to approve the amendment for the ballot.

Text of measure

Ballot title

The ballot question for the measure was as follows:

“

QUESTION 8: RESOLUTION, Proposing an Amendment to the Constitution of Maine to Allow Persons Under Guardianship for Mental Illness to Be Electors. Do you favor amending the Constitution of Maine to remove a provision prohibiting a person under guardianship for reasons of mental illness from voting for Governor, Senators and Representatives, which the United States District Court for the District of Maine found violates the United States Constitution and federal law?

”

Fiscal impact statement

The official fiscal impact statement was as follows:

“

Amending the Constitution of Maine to allow persons under guardianship for reasons of mental illness to be electors for Governor, Senators and Representatives will not create additional costs for the State.

”

Constitutional changes

See also: Maine Constitution

The ballot measure would have amended Article II, Section 1 of the Maine Constitution. The following underlined text would have been added and struck-through text would have been deleted:

Note: Hover over the text and scroll to see the full text.

Text of Section 1: Qualifications of Electors; Written Ballot; Military Servicemen Servicemembers; Students

Every citizen of the United States of the age of 18 years and upwards, excepting persons under guardianship for reasons of mental illness, having his or her residence established in this State, shall be an elector for Governor, Senators and Representatives, in the city, town or plantation where his or her residence has been established, if he or she continues to reside in this State; and the elections shall be by written ballot. But persons in the military, naval or marine service of the United States, or this State, shall not be considered as having obtained such established residence by being stationed in any garrison, barrack or military place, in any city, town or plantation; nor shall the residence of a student at any seminary of learning entitle the student to the right of suffrage in the city, town or plantation where such seminary is established. No person, however, shall be deemed to have lost residence by reason of the person's absence from the state in the military service of the United States, or of this State.

Indians. Every Indian, residing on tribal reservations and otherwise qualified, shall be an elector in all county, state and national elections.

Readability score

See also: Ballot measure readability scores, 2023

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The secretary of state wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 21, and the FRE is 11. The word count for the ballot title is 70.

Support

Supporters

Officials

• State Sen. Stacy Brenner (D)
• State Sen. Craig Hickman (D)
• State Sen. Cameron Reny (D)
• State Rep. Karen Montell (D)
• State Rep. Morgan Rielly (D)
• State Rep. Laura Supica (D)
• Secretary of State Shenna Bellows (D)

Organizations

• Disability Rights Maine

Arguments

• John Brautigam on behalf of Legal Services for the Elderly: "The right to vote is not only a functional necessity for an operational government. It is a statement of who we are as a community and a society. Today, few would question these principles. But there is a sad history in the state and in the country of restricting the right to vote based on perceptions about the voter’s attributes. In Maine, that history includes amending our Constitution to exclude mentally ill persons under guardianship from the right to vote. We do not question the fact that some citizens who have the right to vote no longer have the capacity to vote. Sadly, for physiological reasons some people have lost the cognitive ability to make decisions. But Article II, Section 1 of the Maine Constitution categorically excludes all persons in guardianship for mental illness from this fundamental right. This is indefensible."
• Maine Sec. of State Shenna Bellows: "Maine voters should vote ‘yes’ to this question to demonstrate that we are a welcoming state that upholds the principle of the freedom to vote for all. We should be very proud of that record of extending the right to vote to every Maine citizen, and our constitution language should reflect that pride. My hope is that the voters will reject the antiquated language of the past that is not even legally enforceable and finally align our constitution with our principles and the law today."

Official arguments

• Kim Moody, Executive Director of Disability Rights Maine (Maine Citizen's Voter Guide): People placed under guardianship based on being diagnosed with a mental illness can vote in Maine and have been able to do so for the past 22 years. In 2001, the United States District Court for the District of Maine found that denying someone the right to vote was denying them a fundamental liberty. See Doe v. Rowe, 156 F. Supp. 2d 35 (D. Me. 2001); online at https://casetext.com/case/doe-v-rowe. The Court found that the provision within the Maine Constitution that automatically prohibits people under guardianship by reason of mental illness from registering to vote and from voting, violated the Due Process Clause and the Equal Protection Clause of the U. S. Constitution. The Court also said that this provision of the Maine Constitution violated the Americans with Disabilities Act (ADA). That case resolved the issue of whether someone under guardianship by reason of mental illness could vote in Maine. It clearly said that people under guardianship cannot be automatically disenfranchised and the provision is unconstitutional. But it did not change the Maine Constitution itself, so that outdated provision remains part of the Maine Constitution today and should be removed. In the last legislative session, two-thirds of the members of the Maine Legislature passed a resolution amending the Maine Constitution to remove the provision that says people under guardianship are prohibited from voting. Now, in order for that provision to be removed from the Maine Constitution, a majority of Maine voters must vote in the November election, to approve the amendment passed by the Legislature. On behalf of our clients, Disability Rights Maine fully supports removing this provision from the Maine Constitution. It is long overdue.

Opposition

Opponents

Ballotpedia did not locate a campaign in opposition to the ballot measure.

Campaign finance

See also: Campaign finance requirements for Maine ballot measures

Ballotpedia did not identify ballot measure committees registered to support or oppose the ballot measure.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$0.00	$0.00	$0.00	$0.00
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$0.00	$0.00	$0.00	$0.00	$0.00

Media editorials

See also: 2023 ballot measure media endorsements

Support

The following media editorial boards published an editorial supporting the ballot measure:

• Portland Press Herald Editorial Board: "People under guardianship for mental illness should be able to cast votes in our elections. Mercifully, these voters do; the state stopped enforcing the provision after the court handed down its judgment. As in the case of Question 6, however, neglecting to remove this outdated and unfair language from our founding document sends a message that is dead wrong. It’s housekeeping, sure; it’s also a question of respect."
• BDN Editorial Board: "A person under guardianship for reasons of mental illness can already (and rightly) vote in Maine today. They have been able to for more than two decades, since a federal judge ruled that the restriction disenfranchised these Mainers and violated both the U.S. Constitution and federal law. Since then, this outdated, imprecise and frankly discriminatory language has remained in the Maine Constitution but has not been enforced. The question before voters now is whether this inactive, unconstitutional and potentially confusing language should be formally removed from the Maine Constitution. The answer from us is a resounding yes, and we hope it will be from voters across Maine."

Opposition

Ballotpedia did not locate media editorial boards in opposition to the ballot measure.

Polls

See also: 2023 ballot measure polls

Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at editor@ballotpedia.org.

Maine Question 8, Repeal Constitutional Provision Prohibiting Voting for Individuals Under Guardianship Due to Mental Illness Amendment (2023)
Poll	Dates	Sample size	Margin of error	Support	Oppose	Undecided

University of New Hampshire	10/19/23-10/23/23	2750 LV	± 3.5%	24%	34%	42%
	Question: "If the 2023 Maine Referendum Election were held today, how would you vote on the following ballot questions Proposing an Amendment to the Constitution of Maine to Allow Persons Under Guardianship for Mental Illness to Be Electors"

Note: LV is likely voters, RV is registered voters, and EV is eligible voters.

Background

Doe v. Rowe (2001)

The Doe v. Roe case was decided in the U.S. District Court in 2001. The Disability Rights Center of Maine filed a lawsuit in federal court in Maine on behalf of three individuals who were under guardianship because of mental illness in 2000. The lawsuit challenged the constitutionality of the relevant part of Section 1 of Article II of the Maine Constitution, as well as a Maine law, 21-A M.R.S.A. § 115(1), that not only prohibited persons who were under guardianship for reasons of mental illness from voting in any election but also subjected them to criminal prosecution if the mentally ill person under guardianship voted knowing he was subject to the prohibition. The lawsuit found that Article II, Section 1 of the Maine Constitution violated the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment in the U.S. Constitution.

Previous Maine measures

Two other ballot measures were decided by Maine voters that were designed to repeal language in Article II, Section 1 of the Maine Constitution and provide for individuals under a guardianship for reasons of mental illness to be able to vote for governor, senators, and representatives.

The question to repeal this language from Article II, Section 1 appeared on the ballot in 1997 when voters decided on Question 5. The amendment was approved by 41.87% of voters and defeated by 58.13% of voters. A similar amendment appeared on the ballot again in Maine in 2000, also called Question 5. Voters approved it by 39.75% and defeated it by 60.25%

Maine historical facts

See also: List of Maine ballot measures and History of Initiative & Referendum in Maine

In Maine, a total of 249 ballot measures appeared on statewide ballots between 1985 and 2022. One hundred eighty-six ballot measures were approved, and 63 ballot measures were defeated.

Maine statewide ballot measures, 1985-2022
Total number	Annual average	Annual minimum	Annual maximum	Approved		Defeated
				#	%	#	%
249	5.52	2	9	186	74.70	63	25.30

Path to the ballot

A two-thirds majority (66.67%) vote is required during one legislative session for the Maine State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 101 votes in the Maine House of Representatives and 24 votes in the Maine State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

The legislation was introduced as Maine Senate Bill 1653 in the 2023-2024 legislative session. On June 20, the Maine State Senate and the Maine House of Representatives voted to engross the amendment. On July 25, the House and the Senate each voted by a two-thirds supermajority to approve the amendment for the ballot.

How to cast a vote

See also: Voting in Maine

See below to learn more about current voter registration rules, identification requirements, and poll times in Maine.

How to vote in Maine

Poll times

In Maine, municipalities with a population of 500 or more open their polls between 6:00 a.m. and 8:00 a.m., while municipalities with a population of less than 500 open their polls between 6:00 a.m. and 10:00 a.m. All polls close at 8:00 p.m. An individual who is in line at the time polls close must be allowed to vote.

Registration

Check your voter registration status here.

To register to vote in Maine, one must be "a United States citizen, at least 16 years of age to pre-register to vote, and have established a fixed principal home in Maine. To vote in a Referendum or General Election, you must be registered in the community where you reside, and be at least 18 years of age. A 17 year old may vote in a Primary Election, if that person will be 18 by the General Election."

Voters can return completed registration cards in person or by mail to their town office or city hall, to any Motor Vehicle branch office, to most state & federal social service agencies, or at a voter registration drive. There is no deadline for voter registration if completed in person. If registering by mail or online, the deadline is 21 days prior to the election. If registering through a qualified state agency, the deadlines is seven days prior to the election.

When registering for the first time in Maine, voters must provide documents verifying their identity and residence. The following documents are acceptable identification for the purpose of registering to vote:

• Government ID with a photo (i.e. driver’s license, State ID, valid U.S. Passport, military ID, ID card issued by a federally recognized Indian tribe)
• Government ID without photo (i.e. certified birth certificate or signed Social Security card)
• Other official document showing the name and address of voter (i.e. eligibility for public benefits, utility bill, bank statement, government check, paycheck)
• Student photo ID from a state-approved public or private school or institute of higher education in Maine
• Maine driver’s license number or last four digits of Social Security Number

Automatic registration

See also: Automatic voter registration

Maine automatically registers eligible individuals to vote through the Department of Motor Vehicles. Eligible voters may opt out of registration.

Online registration

See also: Online voter registration

Maine has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

See also: Same-day voter registration

Maine allows same-day voter registration.

Residency requirements

To register to vote in Maine, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Maine does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote.

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. One state, Ohio, requires proof of citizenship only when registering to vote at a Bureau of Motor Vehicles facility. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The Maine voter information lookup service allows residents to check their voter registration status online.

Voter ID requirements

Maine does not require voters to present identification while voting. If a voter registers to vote on Election Day, they must provide identification and proof of residence.

The federal Help America Vote Act requires that individuals in all 50 states who register to vote by mail and who have not voted previously in a federal election in their state must provide either their driver's license or a paycheck, bank statement, current utility bill, or government document showing their name and address. Individuals voting by mail must include a copy of one of those documents with their absentee/mail-in ballot.

These requirements do not apply if an individual submitted a copy of their identification, their driver's license number or the last four digits of their Social Security number when registering to vote.

See also

2023 measures

• 2023 ballot measures
• Suffrage on the ballot
• Voting policy measures on the ballot
• Elections and campaigns on the ballot

Maine

• Maine ballot measures
• Maine ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Text of Amendment