Maine Legislature, Session 121, LD 1308
Committee: Legal and Veterans Affairs
Sponsors: HOTHAM, LEMONT, CANAVAN, CLARK, MAKAS, MILLS, SUKEFORTH, MAYO

Legislative Document 
No. 1308 
H.P.962 
House of Representati ves, March 11, 2003 
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Restrict the Appearance of Referenda on Ballots at 
General Elections 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative HOTHAM of Dixfield. 
Cosponsored by Senator LEMONT of York and 
17/~ 
1J7.11ld£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CANAVAN of Waterville, CLARK of Millinocket, MAKAS of Lewiston, 
MILLS of Cornville, SUKEFORTH of Union, Senator: MAYO of Sagadahoc. 
Primed on re<.:ycled paper 
Constitutional amendment. 
Resolved: 
Two 
thirds 
branch 
of 
the 
Legislature 
concurring, 
that 
the 
amendment to the Constitution of Maine be proposed: 
Constitution, Art. IV, Pt. Third, §24 is enacted to read: 
of 
each 
following 
24. 
Timing of referenda. 
Except for ratification of the 
voters pursuant to a people's veto under Article IV, Part Third, 
Section 17 or a direct initiative pursuant to Article IV, Part 
Third, Section 18 whenever ratification by a majority of the 
electors is essential to the validity of a legislative measure, 
the referendum <;Iuestion must appear on the ballot at a general 
election. 
Constitution, Art. IX, §14, as amended by CR 
2001, 
c. 1, is 
further amended to read: 
Section 14. 
Authority and procedure for issuance of bonds. 
The credit of the State shall not be directly or indirectly 
loaned in any case, except as provided in sections 14-A, 14-B, 
14-C and 14-D. 
The Legislature shall not create any debt or 
debts, liability or liabilities, on behalf of the State, which 
shall singly, 
or in the 
aggregate, 
with previous 
debts 
and 
liabilities 
hereafter 
incurred 
at 
anyone 
time, 
exceed 
$2,000,000, except to suppress insurrection, to repel invasion, 
or for purposes of war, and except for temporary loans to be paid 
out of money raised by taxation during the fiscal year in which 
they are made, and except for loans to be repaid within 12 months 
with federal transportation funds in amounts not to exceed 50% of 
transportation funds appropriated by the Federal Government in 
the prior federal fiscal year; and excepting also that whenever 
2/3 of both Houses shall deem it necessary, by proper enactment 
ratified by 
a 
majority of the electors voting thereon at 
a 
general eF--&pe€-ia:l election, the Legislature may authorize the 
issuance of bonds on behalf of the State at such times and in 
such amounts and for such purposes as approved by such action; 
but this shall not be construed to refer to any money that has 
been, or may be deposited with this State by the Government of 
the United States, or to any fund which the State shall hold in 
trust 
for 
any 
Indian 
tribe. 
Whenever 
ratification 
by 
the 
electors is essential to the validity of bonds to be issued on 
behalf of the State, the question submitted to the electors shall 
be accompanied by a statement setting forth the total amount of 
bonds of the State outstanding and unpaid, the total amount of 
bonds of the State authorized and unissued, and the total amount 
of bonds of the State contemplated to be issued if the enactment 
submitted 
to 
the 
electors 
be 
ratified. 
For 
any 
bond 
authorization requiring ratification of the electors pursuant to 
this section, if any bonds have not been issued within 5 years of 
the date of ratification, then those bonds may not be issued 
Page l-LRll03(1) 
after that date. 
Within 2 years after expiration of that 5-year 
period, 
the Legislature may extend, 
by 
a 
majority vote, 
the 
5-year period for an additional 5 years or may deauthorize the 
bonds. 
If the Legislature fails to take action within those 2 
years, the bond issue shall be considered to be deauthorized and 
no further bonds may be issued. 
For any bond authorization in 
existence on November 6, 1984, and for which the 5-year period 
following ratification has 
expired, 
no 
further 
bonds 
may 
be 
issued unless the Legislature, by November 6, 1986, reauthorizes 
those bonds by a majority vote, for an additional 5-year period, 
failing which all bonds unissued under those authorizations shall 
be considered to be deauthorized. 
Temporary loans to be paid out 
of moneys raised by taxation during any fiscal year shall not 
exceed in the aggregate during the fiscal year in question an 
amount 
greater 
than 
10°1> 
of 
all 
the 
moneys 
appropriated, 
authorized 
and allocated by the Legislature 
from 
undedicated 
revenues 
to the General 
Fund 
and 
dedicated 
revenues 
to 
the 
Highway 
Fund for 
that fiscal year, 
exclusive of proceeds or 
expenditures from the sale of bonds, or greater than P1> of the 
total valuation of the State of Maine, whichever is the lesser. 
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 
the 
Legislature 
to 
require 
that, 
except 
for 
citizen's 
initiatives and people's vetoes, referendum questions appear 
on the ballot at general elections only?" 
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 resolution requires that, 
except for 
citizen I s initiatives and people I s vetoes, referendum questions 
appear on the ballot at general elections only. 
•