Omar Bennett
Maine has one of the highest voter turnout rates in the US, and the state has taken several measures to ensure that voters with disabilities can exercise their right to vote. One such measure is the constitutional amendment, LD 1437, which was approved in 2019. LD 1437 allows voters with disabilities to sign petitions in an alternative manner, such as with a signature stamp or by having a registered voter sign on their behalf. This amendment ensures that people with disabilities can participate in the democratic process and have their voices heard.
| Characteristics | Values |
|---|---|
| Name of Amendment | Allow for Alternative Initiative Signatures for Persons with Disabilities Amendment |
| Date | November 5, 2019 |
| Ballot Name | Maine Question 2 |
| Purpose | To allow persons with disabilities to sign petitions in an alternative manner |
| Legislative Sponsor | Rep. Bruce White (D-109) |
| Legislative Document Number | LD 1437 |
| Legislative Approval Date | June 3, 2019 (House), June 18, 2019 (Senate) |
| Voting Mechanism | Voters will use a ballot to designate their choice with a cross or check mark |
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What You'll Learn
Absentee voting
In Maine, any registered voter can cast an absentee ballot, and they do not need a reason to request one. Voters with disabilities are eligible for Ongoing Absentee Voter Status, which allows them to request a ballot online, by phone, or by visiting their Town Clerk's Office. The Secretary of State's Office recommends requesting an absentee ballot at least 14 days before the election and returning the completed ballot by mail seven days before the election to ensure it is received in time to be counted.
Maine's Accessible Voting System (AVS) includes the ExpressVote, a ballot-marking device that enables individuals with disabilities to vote privately and independently. The ExpressVote offers a choice between a touchscreen and an audio-enabled keyboard and prints the completed ballot without storing the voter's choices or connecting to the internet.
In addition to absentee voting and accessible voting technology, Maine has introduced constitutional amendments to address the voting rights of individuals with disabilities. Maine Question 2, approved in 2019, allowed for alternative signatures for individuals with disabilities on citizen-initiated petitions, candidate petitions, and Maine Clean Election Act (MCEA) forms. This amendment addressed a contradiction in the state constitution, which previously required original signatures on petitions but not for candidate petitions.
The state of Maine has actively worked to promote voting rights for individuals with disabilities, ensuring that all eligible citizens can participate in the democratic process.
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Alternative signatures
In 2019, Maine voters considered a ballot measure to amend the state constitution to allow for alternative signatures for persons with disabilities. The amendment, known as Maine Question 2, aimed to address a contradiction in the state's constitution that prevented some people with disabilities from participating in the petition process. The existing law required that signatures for initiatives and people's vetoes must be original signatures, made by the voter themselves. This posed a challenge for individuals with physical disabilities who might be unable to sign their names.
The proposed amendment would allow the Legislature to authorize alternative signatures for people with disabilities, such as signature stamps or allowing another person to sign on their behalf. This amendment built upon a 2005 law that permitted individuals with physical disabilities to register to vote and sign candidate petitions using alternative methods.
The ballot measure for Maine Question 2 was approved by voters on November 5, 2019. This amendment ensures that individuals with disabilities can more easily participate in the democratic process and have their voices heard. It is part of a broader effort to protect the voting rights of individuals with disabilities, as outlined in laws such as the Americans with Disabilities Act and the Federal Voting Rights Act.
In addition to alternative signatures, Maine has implemented other measures to facilitate voting for individuals with disabilities. For example, Maine offers Accessible Voting Systems (AVS), such as ExpressVote, which allow voters with disabilities to mark their ballots privately and independently. Maine also allows for absentee voting, and individuals with disabilities are eligible for Ongoing Absentee Voter Status, making it more convenient to cast their ballots without having to go to a physical polling place.
These initiatives reflect a commitment to ensuring that all eligible voters in Maine, regardless of disability, can exercise their right to vote and participate fully in the democratic process.
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Voting rights for those under guardianship
In the United States, the Americans with Disabilities Act (ADA) defines who is disabled and outlines civil rights protections for this group. Title II of the ADA stipulates that no qualified individual with a disability may be excluded from participation or denied the benefits of services, programs, or activities of public entities (including the government).
The Federal Voting Rights Act (1965, 1970, 1982) provides that an individual with a disability may be assisted by a person of their choosing, as long as that person is not the voter's employer, the employer's agent, or an agent of the voter's union. The National Voter Registration Act of 1993 mandates that states designate disability service agencies as voter registration agencies to offer registration services to consumers.
In Maine, disability rights activists work to ensure that eligible individuals with disabilities feel empowered to exercise their right to vote. Maine has one of the highest voter turnout rates in the country, and all aspects of the voting process must be accessible to people with disabilities under state and federal law. Maine voters with disabilities can register to vote online, by mail, or in person at their Town/City Clerk's Office. They can also register at their polling place on election day.
In the case of Doe v. Rowe (2001), Federal District Court Judge George Singal ruled that Maine's Constitutional restrictions on voting affecting people with developmental disabilities violated the 14th Amendment. In another case, In re Guardianship of Brian W. Erickson (2012), Judge Jay M. Quam held that Minnesota's constitutional provision denying all under guardianship the right to vote violated the 14th Amendment's guarantees of Equal Protection and Due Process. Relying on the reasoning of Doe v. Rowe, Judge Quam concluded that all those under guardianship retain the right to vote, and that future guardianship proceedings would include an independent evaluation of the voting capacity of each ward to determine whether the right to vote should be taken away.
In 2019, Maine voters approved a legislatively referred constitutional amendment, known as Maine Question 2, which allowed for alternative initiative signatures for persons with disabilities. This amendment addressed a contradiction in the state constitution, which required original signatures for initiatives and people's vetoes, preventing individuals with certain disabilities from participating in the process of petitioning their government. With the amendment, individuals with physical disabilities could use alternative signatures, such as a signature stamp or having a registered voter sign on their behalf, for voter registration, candidate petitions, and Maine Clean Election Act (MCEA) forms.
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Accessible Voting System (AVS)
Maine has one of the highest voter turnout rates in the country. To maintain this, it is crucial that eligible individuals in Maine feel empowered to cast their ballots. Disability Rights Maine (DRM) works to educate people with disabilities about their voting rights and to ensure that local and state entities comply with the law.
In Maine, all registered voters can cast an absentee ballot, and they do not need a reason to request one. If voting absentee by mail, it is recommended that voters request their ballot more than 14 days before the election and mail their completed ballot at least 7 days before the election. If a voter has a disability or will be 65 years old by the next election, they are eligible for Ongoing Absentee Voter Status.
Maine uses ExpressVote as its Accessible Voting System (AVS). The ExpressVote is a ballot-marking device that allows individuals with disabilities to vote with privacy and independence. Voters using the ExpressVote can choose between a touchscreen and a keyboard with audio. The machine marks the voter's selected choices and prints the completed ballot. It is not connected to the internet and does not store the voter's choices.
In 2019, Maine voters approved a legislatively referred constitutional amendment, known as Maine Question 2, to allow for alternative initiative signatures for people with disabilities. Before this amendment, the Maine State Constitution required people to sign petitions for citizen-initiated ballot measures with their original signature. The amendment allows people who are unable to sign their names due to physical disabilities to use an alternative signature, such as a signature stamp or allowing another person to sign on their behalf.
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Registering to vote
Firstly, you must be a United States citizen, at least 16 years old to pre-register to vote, and have established a fixed principal home in Maine. To vote in a referendum or general election, you must be registered in the community where you reside and be at least 18 years old.
There are several ways to register to vote in Maine. You can register online, by mail, or in person at your local Town/City Clerk's Office. You can also register to vote at your polling place on election day.
If registering online, you must visit the Secretary of State's online registration portal. You will need to provide your driver's license number, state ID number, or the last four digits of your social security number. Online registration closes three weeks before an election and reopens the day after. It is important to note that online registration is not automatic, and your application must be approved by your Town Clerk before becoming a registered voter.
If registering by mail or in person, you will need to provide a form of identification and proof of residence. Accepted documents include a driver's license, state ID, birth certificate, signed social security card, student ID, utility bill, bank statement, or paycheck. You can contact your Town/City Clerk's Office to have a voter registration card mailed to you, or you can print out a voter registration application and complete it at home before mailing it back with the required documentation.
It is important to note that Maine law requires all aspects of the voting process to be accessible to people with disabilities. This includes the use of Maine's Accessible Voting System (AVS), which allows individuals with disabilities to vote with privacy and independence. Additionally, voters with disabilities can request an absentee ballot and vote by mail if they prefer not to vote in person.
In conclusion, registering to vote in Maine is a straightforward process with multiple options available, ensuring that all eligible individuals, including those with disabilities, can easily participate in the voting process.
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Frequently asked questions
The constitutional amendment in question is called Maine Question 2, the Allow for Alternative Initiative Signatures for Persons with Disabilities Amendment.
The amendment proposes to allow people with disabilities to sign petitions using an alternative signature, such as a signature stamp or having a registered voter sign on their behalf.
The amendment addresses a contradiction in the Maine Constitution, which requires original signatures for initiatives and people's vetoes. This is an issue for individuals with certain disabilities, such as quadriplegia or Parkinson's, who are unable to sign their names.
The amendment was on the ballot in Maine on November 5, 2019, and was approved by voters.
The amendment ensures that individuals with disabilities can fully participate in the democratic process by providing an alternative method of signing petitions. It also allows for the use of Maine's Accessible Voting System (AVS), which enables individuals with disabilities to vote with privacy and independence. Additionally, voters with disabilities can cast an absentee ballot and do not need to show ID to receive a ballot.
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