Question 6: Printing the Maine Constitution with all Provisions

The gist

This constitutional amendment would amend the Constitution of Maine to require that official printed copies include the whole document, including sections related to Indian Treaty Obligations that were removed in 1876.

Ballot question

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?¹

Tell me more

In 1876 after a statewide vote, Article X of Maine’s constitution was amended with Section 7, which prohibited Section 1, Section 2, and Section 5 of Article X from appearing in printed versions of the Constitution but kept the text of those sections as valid law. The sections removed from printed copies of the Constitution by Section 7 included language pertaining to the Indian Treaty Obligations of Maine.²

The proposed resolution would revert the change made in Article X, Section 7 and again include sections 1, 2, and 5 of Article X in official printed copies of the Maine Constitution.

This question is a constitutional amendment, which, if passed, would make a change to the state constitution.

Follow the money

There’s no money directly involved with this referendum.³

Pros

The primary arguments for this referendum are:

• Including the full text of Article X in printed copies of the Maine Constitution honors a shared history between tribal nations and the State of Maine.²
• Printing the Maine Constitution in its entirety makes it more easily accessible to the public and is essential to supporting a fair and free democracy.²

Cons

The primary arguments against this referendum are:

• The idea that Article X, Sections 1, 2, and 5 were removed from printed copies of the Constitution as part of an effort to evade treaty obligations is not supported by evidence. Making this change to the Constitution would perpetuate an unsupported theory.²
• Amending the Maine Constitution to include Article X, Sections 1, 2, and 5 in printed copies will not affect any laws, but could be confusing for citizens who wrongly believe that the original treaties referenced in the articles still have legal effect.²

Who cares ²

Support

• State Sen. Richard Bennett (R)
• State Rep. Rachel Ross (D)
• State Rep. Samuel Zager (D)
• Maine Secretary of State Shenna Bellows (D)
• Maine Attorney General Aaron Frey (D)
• Wabanaki Alliance
• League of Women Voters of Maine
• Sierra Club Maine

Opposition

• Maine Gov. Janet T. Mills (D)

Further reading

• Full Text
  
• Ballotpedia Article
  
• Portland Press Herald Article

References

1. Maine State Legislature. RESOLUTION, Proposing an Amendment to Article X of the Constitution of Maine Regarding the Publication of Maine Indian Treaty Obligations. Accessed October 1, 2023. ↩

2. Ballotpedia State Desk. Maine Question 6, Require Indian Treaty Obligations and Other Constitutional Provisions Included in Official Printing Amendment (2023). Ballotpedia. Accessed October 1, 2023. ↩ ↩² ↩³ ↩⁴ ↩⁵ ↩⁶

3. Bellows, Shenna. Maine Citizen’s Guide to the Referendum Election Accessed October 1, 2023. ↩