Article Two of Maine’s Constitution deals with electors and elections. It’s a quick read, concise, and to the point. Its proximity to the start suggests the framers considered it to be of some importance.

Section 4 contains the reference most students can (or were once able to) handily recite, that elections “… shall be on the Tuesday following the first Monday in November.” It also makes accommodation for absentee voting. And, in Section 5, voting machines may be used at all elections, provided the right of secret ballot is preserved.

It’s the little-known Section 2 of the Article of which few enfranchised Mainers may be aware; you’re exempt from arrest on election days! It’s written, “Electors shall, in all cases, except treason, felony or breach of peace, be privileged from arrest on the days of election, during their attendance at, going to, and returning thereon.”

While not a reason to test the law by act, but rather a gentle nod to the good sense of the writers, exercise your privilege to the fullest remembering the millions worldwide denied this most basic right.

F. Gerard Nault


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