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Maine voters reject Question 8, but people under guardianship for mental illness can still vote

A clerk hands a ballot to a voter on Election Day, Tuesday, Nov. 8, 2022, in Lewiston, Maine. The state of Maine uses a ranked choice voting system for some of its election races.
Robert F. Bukaty
/
AP
A clerk hands a ballot to a voter on Election Day, Tuesday, Nov. 8, 2022, in Lewiston, Maine. The state of Maine uses a ranked choice voting system for some of its election races.

Maine's Constitution will continue to include a provision that says people under guardianship for mental illness don't have the right to vote, even though they do. A federal court found the provision was unconstitutional more than two decades ago.

Question 8 asked Maine voters Tuesday whether the state constitution should be amended to reflect that fact. But voters rejected it by a wide margin.

"In this case, a federal court already decided 20-plus years ago that this provision was unconstitutional," said Kim Moody, the executive director of Disability Rights Maine, on Tuesday night. "So I just don't understand it. It's very disheartening."

Even though the outcome doesn't change the fact that people under guardianship for mental illness do have the right to vote, Moody says it will likely generate confusion.