What's on Maine's 2023 ballot? Question 8, explained
Article II of the Maine Constitution establishes the qualifications for voting in state and local elections, including residency and being at least 18 years old. It also includes a prohibition on people “under guardianship for reasons of mental illness.” Question 8 seeks to remove that prohibition — for the third time.
In 1997 and 2000, the Legislature advanced constitutional amendments that would have removed the guardianship restriction, but voters defeated it both times. The following year voting rights advocates challenged the prohibition, arguing that it disenfranchises people with mental illness and assumes they’re unable to make voting decisions. A U.S. District Court judge in 2001 ruled in the advocates’ favor, saying that the prohibition violates the due process and equal protection clauses in the 14th Amendment of the U.S. Constitution.
State lawmakers subsequently removed the restriction from its election code. However, it remains in the Constitution because amending the document requires a two-thirds vote from the House and Senate and an affirmative vote from Maine voters. Twenty-two years after the judge’s ruling, the Legislature this year mustered the support to send the amendment to voters.
Question 8 asks Maine voters: "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?"
Digital news reporter Esta Pratt-Kielley asks chief political correspondent Steve Mistler to explain what Question 8 is asking Maine voters.
Watch all of our videos explaining the referendum questions on the ballot in YouTube Shorts: https://www.youtube.com/@MainePublic/...
🗓️ Election Day is this coming Tuesday, Nov. 7!
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