UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
THE LEAGUE OF WOMEN VOTERS )
OF MAINE, ELIZABETH H. MITCHELL, )
and PHILIP E. HARRIMAN, ) Civil Action No.
)
Plaintiffs ))
v. ))
DANIEL A. GWADOSKY and )
ANDREW KETTERER, ))
Defendants )
COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF
(For Violation of Constitutional Rights)
Preliminary Statement
1. This is a constitutional challenge to the Maine Congressional Term Limits Law of
1996, 21-A M.R.S.A. §§ 641-646 (the so-called "Scarlet Letter law"), passed by a
citizen-initiated referendum on November 5, 1996 and signed by the Governor by Proclamation
dated December 3, 1996. The law provides, among other things, that state and federal officials
who do not actively support a specific, proposed term limits amendment to the U.S. Constitution
be branded with the words "VIOLATED VOTER INSTRUCTION ON TERM LIMITS" when
their name appears on the next election ballot. It further provides that candidates who refuse to
sign a term limits pledge also be branded with the words "REFUSED TO PLEDGE TO
SUPPORT TERM LIMITS" on the election ballot. These provisions constitute a fundamental
violation of freedom of speech, freedom of association, of the right of equal access to the ballot,
and of the constitutional process for amending the U.S. Constitution specified in Article V.
Accordingly, the law should be declared unconstitutional and enjoined by this Court.
The Parties
2. Plaintiff The League of Women Voters of Maine (the "League"), a nonpartisan and
nonprofit citizen activist organization, is a Maine corporation with a principal place of business
SNIPPETS:
UNITED STATES DISTRICT COURT
OF MAINE, ELIZABETH H. MITCHELL,)
COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF
(For Violation of Constitutional Rights)
This is a constitutional challenge to the Maine Congressional Term Limits Law of
citizen-initiated referendum on November 5, 1996 and signed by the Governor by Proclamation
who do not actively support a specific, proposed term limits amendment to the U.S.
sign a term limits pledge also be branded with the words "REFUSED TO PLEDGE TO
SUPPORT TERM LIMITS" on the election ballot.
violation of freedom of speech, freedom of association, of the right of equal access to the
and of the constitutional process for amending the U.S. Constitution specified in Article V.
the law should be declared unconstitutional and enjoined by this Court.
The League is a grassroots,
encouraging participation by Maine citizens in the political process.
freely and associate for the advancement of their political beliefs, and to vindicate the
qualified candidates to have access to the ballot and to be treated equally under the law.
Representatives and a citizen of Vassalboro,
Scarlet Letter law may improperly and unconstitutionally brand her in connection with her
The Scarlet Letter law directs Maine's state and federal elected officials to support
the substance and precise wording of a proposed constitutional amendment to the U.S.
The Scarlet Letter law provides that state and federal legislators who do not vote
notation adjacent to their name on the next election ballot: "VIOLATED VOTER
candidates for the Congress of the United States, Governor, Maine Senate, and the Maine House
The Defendants' enforcement of the Scarlet Letter
law against the Plaintiffs subjects the Plaintiffs to depravation of rights, privileges, or
proposing an amendment to the U.S. Constitutional are by a vote of two-thirds of both Houses
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