Maine Question 8, Repeal Constitutional Provision Prohibiting Voting for Individuals Under Guardianship Due to Mental Illness Amendment (2023)
Maine Question 8 | |
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Election date November 7, 2023 | |
Topic Suffrage and Constitutional language | |
Status![]() | |
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 |
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Result | Votes | Percentage | ||
Yes | 184,063 | 46.58% | ||
211,120 | 53.42% |
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.[1]
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.[2] 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.[3]
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.[4]
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:[6]
“ |
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. [5] |
” |
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:[7]
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. [5]
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)
- Maine Sec. of State Shenna Bellows (D)
Organizations
Arguments
Official arguments
Opposition
Opponents
Ballotpedia did not locate a campaign in opposition to the ballot measure.
Campaign finance
Ballotpedia did not identify ballot measure committees registered to support or oppose the ballot measure.[8]
Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
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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:
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) | ||||||
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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.[9]
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
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 | |||||||
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Total number | Annual average | Annual minimum | Annual maximum | Approved | Defeated | ||
# | % | # | % | ||||
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. [4]
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.
See also
External links
Footnotes
- ↑ Maine Legislature, "Text Overview," accessed June 22, 2023
- ↑ Maine Legislature, "Testimony," accessed August 10, 2023
- ↑ United States District Court for the District of Maine, "Doe v. Ketterrer, Docket No. 00-CV-206-B-S," October 27, 2000
- ↑ 4.0 4.1 State of Maine Legislature, "Maine Senate Bill 1653," accessed July 31, 2023
- ↑ 5.0 5.1 5.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>
tag; name "quotedisclaimer" defined multiple times with different content - ↑ Maine Secretary of State, "Maine Citizen's Guide to the Referendum Election," accessed September 26, 2023
- ↑ State of Maine Legislature, "Maine Senate Bill 1653," accessed August 9, 2023
- ↑ Maine Campaign Finance, "Maine Ethics Commission," accessed August 10, 2023
- ↑ CaseText, "Doe v. Roe," accessed Aug. 11, 2023
- ↑ Maine Revised Statutes, "Title 21-A, Chapter 9, Section 626," accessed April 14, 2023
- ↑ 11.0 11.1 11.2 11.3 11.4 Maine Bureau of Corporations, Elections & Commissions, "State of Maine Voter Guide," accessed April 14, 2023
- ↑ WMTW 8, “Maine governor signs automatic voter registration bill into law,” June 21, 2019
- ↑ Maine Legislature, "H.P. 804 - L.D. 1126: An Act To Update the Voter Registration Process," accessed June 8, 2023
- ↑ National Conference of State Legislatures, "Same Day Voter Registration," accessed January 31, 2023
- ↑ Department of the Secretary of State, "Maine Voter Registration Application," accessed November 1, 2024
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ Maine Secretary of State, "Your Right to Vote in Maine," accessed April 15, 2023
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