Maine Legislature, Session 121, LD 0877
Committee: Legal and Veterans Affairs
Sponsors: SHIELDS, SUKEFORTH, SAVAGE, BLAIS, BOWLES, DA VIS, HONEY, JOY, SHERMAN

Legislative Document 
No. 877 
H.P.654 
House of Representatives, February 20, 2003 
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Provide for the Resolution of Disputed Elections by the 
Supreme Judicial Court 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative SHIELDS of Auburn. 
11J~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representative SUKEFORTH of Union, Senator SAVAGE of Knox, Senator 
BLAIS of Kennebec and 
Representatives: BOWLES of Sanford, DA VIS of Falmouth, HONEY of Boothbay, JOY of 
Crystal, SHERMAN of Hodgdon. 
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. IV, Part Third, §3 is amended to read: 
of 
each 
following 
Section 3. 
Each House the judge of its elections; majority, 
a quorum. 
Each House shall be the judge of the elections and 
qualifications of its own membersT-aa9-a ; except that if 2/3 of 
the full membership of a House can not confirm the result of a 
disputed election of 
a 
member, 
the election result must 
be 
determined 
by 
the 
Supreme 
Judicial 
Court 
of 
the 
State. 
A 
majority shall constitute a quorum to do business; but a smaller 
number may adjourn from day to day, and may compel the attendance 
of absent members, in such manner and under such penal ties as 
each House shall provide. 
; 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 require 
that, if 2/3 
of the full membership of 
a 
body of 
the 
Legislature 
can 
not 
confirm 
the 
result 
of 
a 
disputed 
election of a member, the election result must be determined 
by the Supreme Judicial Court 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 
Page l-LR0611(1) 
plantation all ballots, returns and copies of this resolution 
necessary to carry out the purposes of this referendum. 
SUMMARY 
This constitutional resolution requires that, if 213 of the 
full membership of a body of the Legislature can not confirm the 
resul t 
of a disputed election of a member, the election result 
must be determined by the Supreme Judicial Court of the State.