Maine Legislature, Session 121, LD 1180
Committee: Legal and Veterans Affairs
Sponsors: BLAIS, DAVIS, GILMAN, MITCHELL, WOODCOCK

Legislative Document 
No. 1180 
S.P.384 
In Senate, March 5, 2003 
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Establish a Judicial Advisory Opinion Mechanism in 
Disputed Election Results for Members of the Maine Senate and 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Senator BLAIS of Kennebec. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senators: DAVIS of Piscataquis, GILMAN of Cumberland, MITCHELL of 
Penobscot, SA V AGE of Knox, WOODCOCK of Franklin. 
Printed on recycled paper 
Constitutional amendment. 
Resolved: 
Two 
thirds 
of 
each 
branch 
of 
the 
Legislature 
concurring, 
that 
the 
following 
amendment to the Constitution of Maine be proposed: 
Constitution. Art. IV, Pt. Third, §3-A is enacted to read: 
Section 3-A. 
Advisory opinion in case of disputed election 
results. 
Notwithstanding Section 3, in the case of a disputed 
result 
in 
an 
election 
for 
a 
seat 
in either 
House, 
either 
candidate 
in 
the 
disputed election 
may 
request 
an 
advisory 
opinion 
from 
the 
Supreme Judicial Court of 
the State for 
a 
determination of who it finds is the apparent winner. 
Until such 
time as the Supreme Judicial Court renders its opinion, the House 
in which 
the disputed election exists 
may 
not 
transact 
any 
business other than seating members whose election results are 
not disputed and provisionally seating any member 
who 
1S the 
subject of a disputed election. 
; and be it further 
Constitutional referendum procedure: form of question: effective 
date. Resolved: 
That the municipal officers of this State shall 
notify the inhabitants of their respective cities, 
towns 
and 
plantations to meet, in the manner prescribed by law for holding 
a 
statewide election, at a 
statewide election, 
on the Tuesday 
following the first Monday of November following the passage of 
this resolution, to vote upon the ratification of the amendment 
proposed in this resolution by voting upon the following question: 
"Do you favor amending the Constitution of Maine to allow 
ei ther candidate in a disputed election for a seat in the 
Legislature to request an advisory opinion from the Supreme 
Judicial Court of the State for a determination of who it 
finds is the apparent winner and to prevent the transaction 
of business in the respective chamber of the Legislature 
until 
the 
Supreme 
Judicial 
Court 
renders 
that 
advisory 
opinion?" 
The legal voters of each city, 
town and plantation shall 
vote by ballot on this question and designate their choice by a 
cross or check mark placed within the corresponding square below 
the word "Yes" or "No." 
The ballots must be received, sorted, 
counted and declared in open ward, town and plantation meetings 
and returns made to the Secretary of State in the same manner as 
votes for members of the Legislature. 
The Governor shall review 
the returns and, if it appears that a majority of the legal votes 
are cast in favor of the amendment, the Governor shall proclaim 
that fact without delay and the amendment becomes part of the 
Constitution of Maine on the date of the proclamation; and be it 
further 
Secretary of State shall prepare ballots. 
Resolved: 
That 
the 
Secretary of State shall prepare and furnish to each city, town 
and plantation all ballots, returns and copies of this resolution 
necessary to carry out the purposes of this referendum. 
SUMMARY 
This 
constitutional 
amendment 
proposes 
to 
establish 
a 
mechanism whereby a candidate in a disputed election for a seat 
in the state Senate or House of Representatives may 
seek 
an 
advisory 
opinion 
from 
the 
Supreme 
Judicial 
Court 
for 
a 
determination of who it finds is the apparent winner. 
Under the 
amendment, 
the chamber in which the dispute exists could not 
transact any business until the opinion is rendered.