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Maine Question 5, Remove Voting Disqualification of Individuals with Mental Illness Under Guardianship Amendment (1997)
| Maine Question 5 | |
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| Election date |
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| Topic Constitutional wording changes and Election administration and governance |
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| Status |
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| Type Legislatively referred constitutional amendment |
Origin |
Maine Question 5 was on the ballot as a legislatively referred constitutional amendment in Maine on November 4, 1997. It was defeated.
A "yes" vote supported repealing the language that barred persons under guardianship for reasons of mental illness from being able to vote. |
A "no" vote opposed repealing the language that barred persons under guardianship for reasons of mental illness from being able to vote. |
Election results
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Maine Question 5 |
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| Result | Votes | Percentage | ||
| Yes | 141,654 | 41.87% | ||
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196,662 | 58.13% | ||
Aftermath
Two years later, the state legislature referred a similar amendment, Maine Repeal of Mental Illness Voting Restrictions Amendment (2000), to the ballot. It, also, was defeated.
Court challenge
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. Ultimately, the case failed to repeal or modify this constitutional language.[1]
Text of measure
Ballot title
The ballot title for Question 5 was as follows:
| “ | Do you favor amending the Constitution of Maine to remove the language providing that all persons under guardianship for reasons of mental illness are disqualified from voting? | ” |
Path to the ballot
- See also: Amending the Maine Constitution
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.
See also
External links
Footnotes
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