Maine Legislature, Session 131, LD 1653
Committee: Veterans and Legal Affairs
Sponsors: HICKMAN, BRENNER, RENY, MONTELL, RIELLY, SUPICA

Legislative Document
No. 1653
S.P. 658
In Senate, April 13, 2023
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine to Allow Persons Under Guardianship for Mental Illness to 
Be Electors and to Protect All Electors from Harassment and 
Intimidation
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator HICKMAN of Kennebec.
Cosponsored by Senators: BRENNER of Cumberland, RENY of Lincoln, Representatives: 
MONTELL of Gardiner, RIELLY of Westbrook, SUPICA of Bangor.
Constitutional amendment. Resolved: Two thirds of each branch of the 
Legislature concurring, that the following amendment to the Constitution of Maine be 
proposed:
Constitution, Art. II, §§1 and 2 are amended to read:
Section 1. Qualifications of electors; written ballot; military servicemen 
service members; 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.
Section 2.  Electors exempt from arrests arrest, harassment or intimidation 
on election days.  Electors shall, in all cases, except treason, felony or breach of the 
peace, be privileged from arrest, harassment or intimidation on the days of election, during 
their attendance at, going to, and returning therefrom from voting.
Constitutional referendum procedure; form of question; effective date.  
Resolved:  That the municipal officers of this State shall notify the inhabitants of their 
respective cities, towns and plantations to meet, in the manner prescribed by law for holding 
a statewide election, at a statewide election held in the month of November following the 
passage of this resolution, to vote upon the ratification of the amendment proposed in this 
resolution by voting upon the following question:
"Do you favor amending the Constitution of Maine to allow a person under 
guardianship for reasons of mental illness to be an elector for Governor, 
Senators and Representatives and to exempt all electors from harassment 
or intimidation on the days of election during their attendance at, going to 
and returning from voting?"
The legal voters of each city, town and plantation shall vote by ballot on this question 
and designate their choice by a cross or check mark placed within the corresponding square 
below the word "Yes" or "No."  The ballots must be received, sorted, counted and declared 
in open ward, town and plantation meetings and returns made to the Secretary of State in 
the same manner as votes for members of the Legislature.  The Governor shall review the 
returns.  If it appears that a majority of the legal votes are cast in favor of the amendment, 
the Governor shall proclaim that fact without delay and the amendment becomes part of 
the Constitution of Maine on the date of the proclamation.
Secretary of State shall prepare ballots.  Resolved:  That the Secretary of State 
shall prepare and furnish to each city, town and plantation all ballots, returns and copies of 
this resolution necessary to carry out the purposes of this referendum.
SUMMARY
This resolution proposes to amend the Constitution of Maine to allow persons under 
guardianship to be electors for Governor, Senators and Representatives and to exempt all 
electors from harassment or intimidation on the days of election during their attendance at, 
going to or returning from voting.