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Maine Question 6, Require Indian Treaty Obligations and Other Constitutional Provisions Included in Official Printing Amendment (2023)
| Maine Question 6 | |
|---|---|
 | |
| Election date November 7, 2023 | |
| Topic Constitutional language and American Indian issues | |
Status Approved | |
| Type Constitutional amendment | Origin State legislature |
Maine Question 6, the Require Indian Treaty Obligations and Other Constitutional Provisions Included in Official Printing Amendment, was on the ballot in Maine as a legislatively referred constitutional amendment on November 7, 2023. It was approved.
A "yes" vote supported requiring Maine Indian Treaty Obligations, codified as Section 5 of Article X of the Maine Constitution, and Sections 1 and 2 of Article X to be included in official printed copies of the constitution. |
A "no" vote opposed requiring Maine Indian Treaty Obligations, codified as Section 5 of Article X of the Maine Constitution, and Sections 1 and 2 of Article X to be included in official printed copies of the constitution. |
Election results
|
Maine Question 6 |
||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
289,818 | 72.95% | ||
| No | 107,466 | 27.05% | ||
Overview
What amendments were omitted from appearing in the Maine Constitution?
Section 1, Section 2, and Section 5 of Article X of the Maine Constitution were omitted from appearing in the Maine Constitution with the passing of Article X, Section 7 in 1876.[1]
Section 1, Section 2, and Section 5 were initially included in the Maine Constitution when the Constitution was adopted in 1820, after Maine became a state. Section 1 and Section 2 of Article X pertained to the date and time of the meeting of the first state legislature in Maine as well as the terms of officeholders, while Article X, Section 5 of the Maine Constitution incorporated the Act of Separation from Massachusetts, adopting parts of the Massachusetts Constitution. This included language pertaining to the Indian Treaty Obligations of Maine.[1]
However, Article X, Section 7 of the Constitution was adopted in 1876 after a statewide vote, which prohibited Section 1, Section 2, and Section 5 of Article X from appearing in printed versions of the Constitution, but allowed the text to remain valid.[1]
How did this amendment allow the omitted amendments to be included in the Constitution?
- See also: Text of measure
This amendment repealed Article X, Section 7 of the Maine Constitution. Article X, Section 7 of the Maine Constitution omitted Sections 1, 2 and 5, of Article X from being included in any printed copies of the Constitution, but did not invalidate or impair the validity of those sections. Repealing Article X, Section 7 provided for Section 1, Section 2, and Section 5 to be included in any printed copies of the Constitution.[2]
What were the arguments for and against the amendment?
- See also: Support and opposition
Supporters of the amendment included Maine Secretary of State Shenna Bellows (D), Maine Attorney General Aaron Frey (D), and the Wabanaki Alliance, a coalition representing tribes in Maine, which included Mi’kmaq Nation, Houlton Band of Maliseet Indians, Passamaquoddy Tribe, and Penobscot Nation.[3] In support of the amendment, Secretary Bellows said that the entire Maine Constitution should be printed and accessible to the public. Bellows said, "It is imperative to a fair and free democracy that our Constitution be printed in its entirety. To have any provision of the Constitution not printed but in full legal effect is antithetical to the entire premise of a transparent government. Making our state records, including the entire Maine Constitution, more easily accessible to the public and the people we serve is a cornerstone for an open and credible democracy. The Constitution is the bedrock upon which all Maine’s laws are built. No part of that Constitution should be hidden from the Mainers whose lives it affects every single day."[4]
Maine Governor Janet Mills (D) opposed the amendment. In a testimony to the legislature, Gerald D. Reid, chief legal counsel of the governor's office, said, "Amending the Constitution as these Resolves propose, however, would be a mistake for two reasons. First, it appears to be a misguided attempt to right a historic wrong that never occurred — there is no factual basis for the proposition that the Articles of Separation were removed from printed copies of the Constitution as part of an effort to evade treaty obligations ... Second, although the proposed constitutional amendment would have no legal effect, not everyone will understand that. It is foreseeable that some will wrongly believe that once again including the Articles of Separation in printed copies of the Constitution revitalizes 18th and 19th century treaty obligations. That is incorrect. Whether the Articles of Separation are included in printed copies of the Constitution is immaterial to their legal effect — they remain part of the Constitution today just as they always have been. But more importantly, the rights and responsibilities of the State and the Wabanaki Nations are not defined by treaties, but instead the state and federal statutes that codify the Maine Indian Land Claims Settlement of 1980. As part of that settlement, Congress, with the tribes’ consent, granted Maine a “general discharge and release” of any and all treaty obligations. 25 U.S.C. § 1731. Any legislation that could be interpreted as invoking ancient treaties as the legal basis for modern obligations would be confusing and potentially destabilizing."[5]
Text of measure
Ballot title
The ballot question for the measure was as follows:[2]
| “ | QUESTION 6: RESOLUTION, Proposing an Amendment to the Constitution of Maine to Require All Provisions in the Constitution to Be Included in the Official Printing. Do you favor amending the Constitution of Maine to require that all of the provisions of the Constitution be included in the official printed copies of the Constitution prepared by the Secretary of State? | ” |
Fiscal impact statement
The official fiscal impact statement was as follows:[7]
| “ |
Amending the Constitution of Maine to require that all of the provisions of the Constitution be included in the official printed copies prepared by the Secretary of State will create minor costs that can be absorbed by the Secretary of State within existing budgeted resources. [6] |
” |
Constitutional changes
- See also: Maine Constitution
The ballot measure repealed Article X, Section 7 of the Maine Constitution, which provided for Section 1, Section 2, and Section 5 to be included in any printed copies of the Constitution. The following underlined text was added and struck-through text was deleted:[2]
Note: Hover over the text and scroll to see the full text.
Text of Section 1:
(See Section 7 and Note.)
The first Legislature shall meet on the last Wednesday in May next. The elections on the second Monday in September annually shall not commence until the year one thousand eight hundred and twenty one, and in the mean time the election for Governor, Senators and Representatives shall be on the first Monday in April, in the year of our Lord one thousand eight hundred and twenty, and at this election, the same proceedings shall be had as are required at the elections, provided for in this Constitution on the second Monday in September annually, and the lists of the votes for the Governor and Senators shall be transmitted, by the town and plantation clerks respectively, to the Secretary of State pro tempore, seventeen days at least before the last Wednesday in May next, and the President of the Convention shall, in presence of the Secretary of State, pro tempore open and examine the attested copies of said lists, so returned for Senators, and shall have all the powers, and be subject to all the duties, in ascertaining, notifying, and summoning the Senators, who appear to be elected, as the Governor and council have, and are subject to, by the Constitution: Provided, He shall notify said Senators fourteen days at least before the last Wednesday in May, and vacancies shall be ascertained and filled in the manner herein provided ; and the Senators to be elected on the said first Monday of April, shall be apportioned as follows :
The County of York shall elect three. The County of Cumberland shall elect three. The County of Lincoln shall elect three. The County of Hancock shall elect two. The County of Washington shall elect one. The County of Kennebec shall elect three. The County of Oxford shall elect two. The County of Somerset shall elect two. The County of Penobscot shall elect one.
And the members of the House of Representatives shall be elected, ascertained, and returned in the same manner as herein provided at elections on the second Monday of September, and the first House of Representatives shall consist of the following number, to be elected as follows :
COUNTY OF YORK The towns of York and Wells may each elect two representatives; and each of the remaining towns may elect one.
COUNTY OF CUMBERLAND The town of Portland may elect three representatives; North-Yarmouth, two; Brunswick, two; Gorham, two; Freeport and Pownal, two; Raymond and Otisfield, one; Bridgton, Baldwin and Harrison, one; Poland and Danville, one; and each remaining town one.
COUNTY OF LINCOLN The towns of Georgetown and Phipsburg, may elect one representative; Lewiston and Wales, one; St. George, Cushing and Friendship, one; Hope and Appleton Ridge, one; Jefferson, Putnam and Patricktown plantation, one; Alna and Whitfield, one; Montville, Palermo, and Montville plantation, one; Woolwich and Dresden, one; and each remaining town one.
COUNTY OF HANCOCK The town of Bucksport may elect one representative; Deer Island, one; Castine and Brooksville, one; Orland and Penobscot, one; Mount Desert and Eden, one; Vinalhaven and Isleborough, one; Sedgwick and Bluehill, one; Gouldsborough, Sullivan, one; Surry, Ellsworth, Trenton and plantation of Mariaville, one; Lincolnville, Searsmont and Belmont, one; Belfast and Northport, one; Prospect and Swanville, one; Frankfort and Monroe, one; Knox, Brooks, Jackson and Thorndike, one.
COUNTY OF WASHINGTON The towns of Steuben, Cherryfield and Harrington, may elect one representative; Addison, Columbia and Jonesborough, one; Machias, one; Lubec, Dennysville, Plantations No. 9, No. 10, No. 11, No. 12, one; Eastport, one; Perry, Robinston, Calais, Plantations No. 3, No. 6, No. 7, No. 15 and No. 16, one.
COUNTY OF KENNEBEC The towns of Belgrade and Dearborn may elect one representative; Chesterville, Vienna and Rome, one; Wayne and Fayette, one; Temple and Wilton, one; Winslow and China, one; Fairfax and Freedom, one; Unity, Joy and 25 mile pond plantation, one; Harlem and Malta, one; and each remaining town one.
COUNTY OF OXFORD The towns of Dixfield, Mexico, Weld and Plantations Nos. 1 and 4, may elect one representative; Jay and Hartford, one; Livermore, one; Rumford, East Andover and Plantations Nos. 7 and 8, one; Turner, one; Woodstock, Paris and Greenwood, one; Hebron and Norway, one; Gilead, Bethel, Newry, Albany and Howard's gore, one; Porter, Hiram and Brownfield, one; Waterford, Sweden and Lovell, one; Denmark, Fryeburg and Fryeburg addition, one; Buckfield and Sumner, one.
COUNTY OF SOMERSET The town of Fairfield may elect one representative; Norridgwock and Bloomfield, one; Starks and Mercer, one; Industry, Strong and New·-Vineyard, one; Avon, Phillips, Freeman and Kingfield, one; Anson, New-Portland, Embden, and Plantation No. 1, one; Canaan, Warsaw, Palmyra, St. Albans and Corinna, one; Madison, Solon, Bingham, Moscow and Northhill, one; Cornville, Athens, Harmony, Ripley, and Warrenstown, one.
COUNTY OF PENOBSCOT The towns of Hampden and Newburg may elect one representative; Orrington, Brewer, and Eddington and Plantations adjacent on the east side of Penobscot river, one; Bangor, Orono and Sunkhaze Plantation, one; Dixmont, Newport, Carmel, Hermon, Stetson, and Plantation No.4, in the 6th range, one; Levant, Corinth, Exeter, New-Charlestown, Blakesburg, Plantation No. 1 in 3d range, and Plantation No. 1 in 4th range, one; Dexter, Garland, Guilford, Sangerville, and Plantation No. 3, in 6th range, one; Atkinson, Sebec, Foxcroft, Brownville, Williamsburg, Plantation No. 1, in 7th range, and Plantation No. 3, in 7th range, one.
And the Secretary of State pro tempore shall have the same powers, and be subject to the same duties, in relation to the votes for Governor, as the Secretary of State has, and is subject to, by this Constitution ; and the election of Governor shall, on the said last Wednesday in May, be determined and declared, in the same manner, as other elections of Governor are by this Constitution ; and in case of vacancy in said office, the President of the Senate, and Speaker, of the House of Representatives, shall exercise the office as herein otherwise provided, and the Counsellors, Secretary and Treasurer, shall also be elected on said day, and have the same powers, and be subject to the same duties, as is provided in this Constitution ; and in case of the death or other disqualification of the President of the Convention, or of the Secretary of State pro tempore, before the election and qualification of the Governor or Secretary of State under this Constitution, the persons to be designated by this Convention at their session in January next, shall have all the powers and perform all the duties, which the President of this Convention, or the Secretary pro tempore, to be by them appointed shall have and perform.
Text of Section 2:
(See Section 7 and Note.)
The period for which the Governor, Senators and Representatives, Counsellors, Secretary and Treasurer, first elected or appointed, are to serve in their respective offices and places, shall commence on the last Wednesday in May, in the year of our Lord one thousand eight hundred and twenty, and continue until the first Wednesday of January, in the year of our Lord one thousand eight hundred and twenty two.
Text of Section 5:
(See Section 7 and Note.)
All officers provided for in the sixth section of an act of the Commonwealth of Massachusetts, passed on the nineteenth day of June, in the year of our Lord one thousand eight hundred and nineteen, entitled " An act relating to the Separation of the District of Maine from Massachusetts Proper, and forming the same into a separate e and Independent State," shall continue in office as therein provided ; and the following provisions of said act shall be a part of this Constitution, subject however to be modified or annulled as therein is prescribed, and not otherwise, to wit:
SECT. 1. Whereas it has been represented to this Legislature, that a majority of the people of the District of Maine are desirous of establishing a separate and Independent Government within said District : Therefore, Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That the consent of this Commonwealth be, and the same is hereby given, that the District of Maine may be formed and erected into a separate and Independent State, if the people of the said District shall in the manner, and by the majority hereinafter mentioned, express their consent and agreement thereto, upon the following terms and conditions : And, provided the Congress of the United States shall give its consent thereto, before the fourth day of March next : which terms and conditions are as follows, viz.
First. All the lands and buildings belonging to the Commonwealth, within Massachusetts Proper, shall continue to belong to said Commonwealth, and all the lands belonging to the Commonwealth, within the District of Maine, shall belong, the one half thereof to the said Commonwealth, and the other half thereof, to the State to be formed within the said District, to be divided as is hereinafter mentioned ; and the lands within the said District, which shall belong to the said Commonwealth, shall be free from taxation, while the title to the said lands remains in the Commonwealth ; and the rights of the Commonwealth to their lands, within said District, and the remedies for the recovery thereof, shall continue the same, within the proposed State, and in the Courts thereof, as they now are within the said Commonwealth, and in the Courts thereof ; for which purposes, and for the maintenance of its rights, and recovery of its lands, the said Commonwealth shall be entitled to all other proper and legal remedies, and may appear in the Courts of the proposed State and in the Courts of the United States, holden therein ; and all rights of action for, or entry into lands, and of actions upon bonds, for the breach of the performance of the condition of settling duties, so called, which have accrued, or may accrue, shall remain in this Commonwealth, to be enforced, commuted, released, or otherwise disposed of, in such manner as this Commonwealth may hereafter determine : Provided however, That, whatever this Commonwealth may hereafter receive or obtain on account thereof if any thing, shall, after deducting all reasonable charges relating thereto, be divided, one third part thereof to the new State, and two third partsthereof to this commonwealth.
Second. All the arms which have been received by this Commonwealth from the United States, under the law of Congress, entitled, "An act making provision for arming and equipping the whole body of militia ,of the United States, passed April the twenty-third, one thousand eight hundred and eight, shall, as soon as the said District shall become a separate State, be divided between the two States, in proportion to the returns of the militia, according to which, the said arms have been received from the United States, as aforesaid.
Third. All money, stock, or other proceeds, hereafter derived from the United States, on account of the claim of this Commonwealth, for disbursements made, and, expenses incurred, for the defence of the State, during the late war with Great Britain, shall be received by this Commonwealth, and when received, shall be divided between the two States, in the proportion of two thirds to this Commonwealth, and one third to the new State.
Fourth. All other property, of every description, belonging to the Commonwealth shall be holden and receivable by the same, as a fund and security, for all debts, annuities, and Indian subsidies, or claims due by said Commonwealth; and within two years after the said District shall have become a separate State, the Commissioners to be appointed, as hereinafter provided, if the said States cannot otherwise agree, shall assign a just portion of the productive property, so held by said Commonwealth as an equivalent and indemnification to said Commonwealth, for all such debts, annuities, or Indian subsidies or claims, which may then remain due, or unsatisfied: and all the surplus of the said property, so holden, as aforesaid, shall be divided between the said Commonwealth and the said District of Maine, in the proportion of two thirds to the said Commonwealth, and one third to the said District and if, in the judgment of the said Commissioners, the whole of said property, so held, as a fund and security, shall not be sufficient indemnification for the purpose, the said District shall be liable for and shall pay to said Commonwealth, one third of the deficiency.
Fifth. The new State shall, as soon as the necessary arrangements can be made for that purpose, assume and perform all the duties and obligations of this Commonwealth, towards the Indians within said District of Maine, whether the same arise from treaties, or otherwise; and for this purpose shall obtain the assent of said Indians, and their release to this Commonwealth of claims and stipulations arising under the treaty at present existing between the said Commonwealth and said Indians; and as an indemnification to such new State, therefor, this Commonwealth, when such arrangements shall be completed, and the said duties and obligations assumed, shall pay to said new State, the value of thirty thousand dollars, in manner following, viz.: The said Commissioners shall set off by metes and bounds, so much of any part of the land, within the said District, falling to this Commonwealth, in the division of the public lands, hereinafter provided for, as in their estimation shall be of the value of thirty thousand dollars; and this Commonwealth shall, thereupon, assign the same to the said new State, or in lieu thereof, may pay the sum of thirty thousand dollars at its election; which election of the said Commonwealth, shall be made within one year from the time that notice of the doings of the Commissioners, on this subject, shall be made known to the Governor and Council; and if not made within that time, the election shall be with the new State.
Sixth. Commissioners, with the powers and for the purposes mentioned in this act, shall be appointed in manner following: The Executive authority of each State shall appoint two; and the four so appointed, or the major part of them, shall appoint two more; but if they cannot agree in the appointment, the Executive of each State shall appoint one in addition; not however, in that case, to be a citizen of its own State. And any vacancy happening with respect to the Commissioners, shall be supplied in the manner provided for their original appointment; and, in addition to the powers herein before given to said Commissioners, they shall have full power and authority to divide all the public lands within the District, between the respective States, in equal shares, or moieties, in severalty, having regard to quantity, situation and quality; they shall determine what lands shall be surveyed and divided, from time to time, the expense of which surveys, and of the Commissioners, shall be borne equally by the two States. They shall keep fair records of their doings, and of the surveys made by their direction, copies of which records, authenticated by them, shall be deposited from time to time, in the archives of the respective States; transcripts of which, properly certified, may he admitted in evidence, in all questions touching the subject to which they relate. The Executive authority of each State may revoke the power of either or both its commissioners; having, however, first appointed a substitute, or substitutes, and may fill any vacancy happening with respect to its own Commissioners; four of said Commissioners shall constitute a quorum, for the transaction of business ; their decision shall be final, upon all subjects within their cognizance. In case said commission shall expire, the same not having been completed, and either State shall request the renewal or filling up of the same, it shall be renewed or filled up in the same manner, as is herein provided for filling the same, in the first instance, and with the like powers; and if either State shall, after six months' notice, neglect or refuse to appoint its Commissioners, the other may fill up the whole commission.
Seventh. All grants of land, franchises, immunities, corporate or other rights, and all contracts for, or grants of land not yet located which have been or may be made by the said Commonwealth, before the separation of said District shall take place, and having or to have effect within the said District, shall continue in full force, after the said District shall become a separate State. But the grant which has been made to the President and Trustees of Bowdoin College, out of the tax laid upon the Banks, within this Commonwealth, shall be, charged upon the tax upon the Banks within the said District of Maine, and paid according to the terms of said grant; and the President and Trustees, and the Overseers of said College, shall have, hold and enjoy their powers and privileges in all respects; so that the same shall not be subject to be altered, limited, annulled or restrained, except by judicial process, according to the principles of law; and in all grants hereafter to be made, by either State, of unlocated land within the said District, the same reservations shall be made for the benefit of Schools, and of the Ministry, as have heretofore been usual, in grants made by this Commonwealth. And all lands heretofore granted by this Commonwealth, to any religious, literary, or eleemosynary corporation, or society, shall be free from taxation, while the same continues to be owned by such corporation, or society.
Eighth. No laws shall be passed in the proposed State, with regard to taxes, actions, or remedies at law, or bars, or limitations thereof, or otherwise making any distinction between the lands and rights of property of proprietors not resident in, or not citizens of said proposed State, and the laws and rights of property of the citizens of the proposed State , resident therein ; and the rights and liabilities of all persons, shall, after the said separation, continue the same as if the said District was still a part of this Commonwealth, in all suits pending, or judgments remaining unsatisfied on the fifteenth day of March next, where the suits have been commenced in Massachusetts Proper, and the process has been served within the District of Maine ; or commenced in the District of Maine, and process has been served in Massachusetts Proper, either by taking bail , making attachments, arresting and detaining persons, or otherwise, where execution remains to be done ; and in such suits, the Courts within Massachusetts Proper, and within the proposed State, shall continue to have the same jurisdiction as if the said District had still remained a part of the Commonwealth. And this Commonwealth shall have the same remedies within the proposed State, as it now has, for the collection of all taxes, bonds, or debts, which may be assessed, due , made, or contracted by, to, or with the Commonwealth, on or before the said fifteenth day of March, within the said District of Maine ; and all officers within Massachusetts Proper and the District of Maine shall conduct themselves accordingly.
Ninth. These terms and conditions, as here set forth, when the said District shall become a separate and Independent State, shall, ipso facto be incorporated into, and become and be a part of any Constitution, provisional or other under which the Government of the said proposed State, shall, at any time hereafter, be administered; subject however, to be modified, or annulled by the agreement of the Legislature of both the said States; but by no other power or body whatsoever."
Text of Section 7:
Original Sections 1, 2, 5, of art. X not to Be Printed; Section 5 in Full Force
Sections 1, 2 and 5, of Article X of the Constitution, shall hereafter be omitted in any printed copies thereof prefixed to the laws of the State; but this shall not impair the validity of acts under those sections; and said section 5 shall remain in full force, as part of the Constitution, according to the stipulations of said section, with the same effect as if contained in said printed copies.
Note: The omitted sections may be found in the text of the Constitution prefixed to the official publication of the laws passed by the first Legislature of the State, which convened May 31, 1820, pages xxiv-xxvii, and pages xxviii-xxxi; in the text of the Constitution prefixed to the publication of the Laws of Maine, authorized by Resolve of March 8, 1821, Volume 1, pages 41-50, and in such text prefixed to the Revised Statutes of 1841, 1857 and 1871.
[6]
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 17, and the FRE is 24. The word count for the ballot title is 58.
Support
Supporters
Officials
- State Sen. Richard Bennett (R)
- State Sen. Troy Dale Jackson (D)
- State Rep. Rachel Talbot Ross (D)
- State Rep. Samuel Zager (D)
- Maine Secretary of State Shenna Bellows (D)
- Maine Attorney General Aaron Frey (D)
American Indian Tribes
Organizations
- League of Conservation Voters
- League of Women Voters of Maine
- Maine Center for Economic Policy
- Maine People's Alliance
- Maine People's Resource Center
- Planned Parenthood Maine Action Fund
- Sierra Club Maine
Arguments
Opposition
Opponents
Officials
- Maine Gov. Janet T. Mills (D)
Arguments
Campaign finance
The Restore Maine History PAC was registered to support the measure.[8]
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $41,227.00 | $14,177.21 | $55,404.21 | $4,822.53 | $18,999.74 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Total | $41,227.00 | $14,177.21 | $55,404.21 | $4,822.53 | $18,999.74 |
Support
The following table includes contribution and expenditure totals for the committees in support of the measure.[8]
| Committees in support of Question 6 | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Restore Maine History | $41,227.00 | $14,177.21 | $55,404.21 | $4,822.53 | $18,999.74 |
| Total | $41,227.00 | $14,177.21 | $55,404.21 | $4,822.53 | $18,999.74 |
Donors
The following was the top donor who contributed to the support committee.[8]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| League of Conservation Voters | $40,000.00 | $0.00 | $40,000.00 |
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 6, Require Indian Treaty Obligations and Other Constitutional Provisions Included in Official Printing Amendment (2023) | ||||||
|---|---|---|---|---|---|---|
| University of New Hampshire | 10/19/23-10/23/23 | 2750 LV | ± 3.5% | 46% | 12% | 42% |
| Question: "If the 2023 Maine Referendum Election were held today, how would you vote on the following ballot questions Question 6: Proposing an Amendment to the Constitution of Maine to Require All Provisions in the Constitution to Be Included in the Official Printing?" | ||||||
Note: LV is likely voters, RV is registered voters, and EV is eligible voters.
Background
History of the Maine Constitution
- See also: Maine Constitution
The Maine Constitution was adopted in 1820 after Maine became the 23rd state in the union. Originally, Maine was part of Massachusetts, and in 1819, the Massachusetts General Court passed the Act of Separation allowing people within the District of Maine to vote on independence. Voters approved, and Maine became an independent state.[1]
Maine held a constitutional convention in 1819 to draft a constitution. Voters approved of the constitution in 1819, and it took effect on March 15, 1820, with Maine’s admission to the Union as the 23rd state.[1]
Article X, Section 1, 2, and 5 of the Maine Constitution
- See also: Article X, Maine Constitution
Section 1, Section 2, and Section 5 of the Maine Constitution were all adopted into the Constitution of Maine during the 1819 constitutional convention.[1]
- Article X, Section 1 pertained to the date and time of the meeting of the first state legislature, as well as pertaining to the number of representatives from each county.
- Article X, Section 2 pertained to the terms held by the first office holders.
- Article X, Section 5 incorporated the Act of Separation from Massachusetts, pertaining to the separation of Maine from Massachusetts, and included language pertaining to Indian treaty obligations.
However, after a statewide vote in 1876, Article X, Section 7 of the Maine Constitution was adopted, which prohibited the printing of Section 1, Section 2, and Section 5 from appearing in printed copies of the Maine Constitution, even though the text remained valid.[1]
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 | |||||||
|---|---|---|---|---|---|---|---|
| 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 House Bill 78 in the 2023-2024 legislative session. On June 14, the Maine House and Maine Senate both voted to engross the legislation. The amendment passed on July 25, 2023.[9]
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
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 Maine Legislature, "Amendments to the Maine Constitution," accessed August 8, 2023
- ↑ 2.0 2.1 2.2 Maine Legislature, "Text Overview," accessed June 16, 2023
- ↑ Wabanaki Alliance, "Who We Are," accessed August 9, 2023
- ↑ Maine Legislature, "Testimony," accessed August 9, 2023
- ↑ Maine Legislature, "Testimony," accessed August 9, 2023
- ↑ 6.0 6.1 6.2 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
- ↑ 8.0 8.1 8.2 Maine Campaign Finance, "Maine Ethics Commission," accessed August 2, 2023
- ↑ State of Maine Legislature, "Summary of LD 78," accessed June 16, 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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