Maine Legislature, Session 121, LD 0562
Committee: State and Local Government
Sponsors: JOY, BERRY, CARR, CLARK, GOODWIN, LEDWIN, SHERMAN, VAUGHAN, STANLEY

12lst MAINE LEGISLATURE 
Legislative Document 
No. 562 
H.P.425 
House of Representatives, February 6, 2003 
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Elect 2 Senators from Each County 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative JOY of Crystal. 
/1l~ 
1?7.1T/d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BERRY of Belmont, CARR of Lincoln, CLARK of 
Millinocket, GOODWIN of Pembroke, LEDWIN of Holden, SHERMAN of Hodgdon, 
VAUGHAN of Durham, Senator: STANLEY of Penobscot. 
Printed on recycled paper 
Constitutional amendment. 
Resolved: 
Two 
thirds 
branch 
of 
the 
Legislature 
concurring, 
that 
the 
amendment to the Constitution of Maine be proposed: 
Constitution, Art. IT, §4 is amended to read: 
of 
each 
following 
Section 4. 
Time of state election: absentee voting. 
The 
election of Senators and Representatives shall be on the Tuesday 
following the first Monday of November biennially Ee~eve~ except 
as 
provided 
in 
this 
Section. 
Beginning 
with 
the 
general 
elections held in 2004, the election of Senators and the e±ee~ieB 
9E Governor shall be on the Tuesday following the first Monday of 
November every 4 years, except that the term of a Senator from an 
odd-numbered legislative district remains as a 2-year term until 
2006, after which time the election must be held every 4 years. 
The 
Legislature 
under 
proper 
enactment 
shall 
authorize 
and 
provide for voting by citizens of the State absent therefrom in 
the Armed Forces of the United States or of this State and for 
voting by other citizens absent or physically incapacitated for 
reasons deemed sufficient. 
Constitution, Art. IV, Part Second. §1 is amended to read: 
Section 1. 
Number of Senators. 
The Senate shall consist of 
aB-eaa-BQffiBe~-9E ~ Senators, Be~-Je66-~~~-~-~~-~BaB-~9T 
elected 
at 
the 
same 
time 
and 
for 
the 
same 
term 
as 
Representatives, except as provided in Article II, Section 4 by 
the qualified electors of the districts into which the State 
shall be from time to time divided. 
Constitution, Art. IV, Part Second, §2 is amended to read: 
Section 2. Submission of reapportionment plan to Secretary 
of Senate: Legislature's action on commission's plan; division of 
State into Senatorial Districts; division by Supreme Judicial 
Court. 
The Legislature which shall convene in the year 
±9g~-aBa 
eveFy-19~B-yeaF-~ReFeaE~e~ 2004 shall ea~6e reapportion the State 
~e-~-aiviaea-~~~-Gi&~Fie~&-~~--~~-€R~~€€-~~-a-~~--f~em 
eaeh-.e..i~~~4e~ in order that the Senate districts coincide wi th 
the counties of the State. 
The voters of each county shall vote 
for 2 Senators. 
The apportionment plan of the commission established under 
Article IV, Part Third, Section I-A shall be submitted to the 
Secretary of the Senate no later than 120 calendar days after the 
convening of the Legislature in which apportionment is required. 
In the preparation of legislation implementing the plan, 
the 
commission, following a unanimous decision by commission members, 
may adjust errors and inconsistencies in accordance with the 
standards set forth in this Constitution, so long as substantive 
Page l-LRl091(1) 
changes are not made. 
The Legislature shall enact the submitted 
plan of the commission or a plan of its own by a vote of 2/3 of 
the Members of each House, within 30 calendar days after the plan 
of the commission is submitted. 
Such action shall be subject to 
the Governor's approval as provided in Article IV, Part Third, 
Section 2. 
In the event that the Legislature shall fail to make an 
apportionment 
within 
days 
after 
convening, 
the 
Supreme 
Judicial Court shall, 
wi thin 60 
days following the period in 
which the Legislature is required to act but fails to do so, make 
the apportionment. 
In making such apportionment, 
the Supreme 
Judicial Court shall take into consideration plans and briefs 
filed by the public with the court during the first 30 days of 
the period in which the court is required to apportion. 
The Supreme Judicial Court shall have original jurisdiction 
to hear any challenge to an apportionment law enacted by the 
Legislature, as registered by any citizen or group thereof. 
If 
any challenge is sustained, the Supreme Judicial Court shall make 
the apportionment. 
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 reduce 
the size of the Senate from no more than 35 members to 32 
members, 
effective in the year 
2004, 
and to reapportion 
Senatorial Districts to coincide with the counties of the 
State?" 
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 purpose of this referendum. 
SUMMARY 
This 
resolution 
proposes 
a 
constitutional 
amendment 
to 
reduce the size of the Senate from no more than 35 members to 32 
members, 2 Senators from each county. 
The redrawing of district 
lines 
occurs 
during 
the 
regularly 
scheduled 
redistricting 
following the decennial census. 
The redistricting will be done 
in 2004.