OPINION: In 2019, the Maine legislature passed an act to make it easier for voters to read and understand ballot questions. In the elections since, this legislation has fallen short. Theoretically, ballot questions provide an important opportunity for Maine voters to express their wishes unfiltered by their representatives. In practice, Maine ballot measures are often written in complex language far beyond the reading level of the people voting on them.
According to the 2019 act, “the Secretary of State shall write the question in a clear, concise and direct manner that describes the subject matter of the people’s veto or direct initiative as simply as is possible.”
One common way to measure readability is the Flesch-Kincaid Grade Level test. This formula estimates the number of years of education required to understand a text. For example, a Flesch-Kincaid Grade Level score of five would mean the text was written at a fifth grade reading level. According to Ballotpedia, the Maine ballot questions averaged a Flesch-Kincaid Grade Level of 18 in 2023 and 21 in 2024. As in, the reading level of a graduate student.
According to the U.S. Census, a little over a third of Maine residents over 25 have a bachelor’s degree or higher. Based on this data, many Maine voters likely struggled to understand ballots, which throws into question whether the results actually reflect the wishes of Maine voters. According to a 2011 study by Shauna Reilly and Sean Richey, published in Political Research Quarterly, when ballot questions become more difficult to read, voters stop answering questions and submit incomplete ballots, leaving questions to be decided by fewer votes.
Researching issues is part of our civic duty and there are resources to explain and provide context for ballot questions. However, not every person who is going to cast a vote has time to study the ballot. From a practical standpoint, if the state government actually wants our votes to be consistent with our desires, they need to make voting easier. Not doing so leads to confusion. For example, in 2023, when voters rejected what was largely a housekeeping measure to make the Maine constitution consistent with the reality of Maine law. After all, voting is a right, and casting an informed vote should not be a privilege reserved for those in graduate school or with considerable spare time.
It is true that ballot questions need to be precise, however, they should also be written close to the educational status of most voters. If complex legal language needs to be used, then the ballot should include a list of definitions or an explanation written at the appropriate reading level. As more than 90% of Maine residents over 25 have a high school diploma or the equivalent, this is a good place to start. These ballot questions are meant to be answered by the voters. If the questions are written far beyond the reading level of the average Maine voter, then what is the point of asking us at all?
