Resolve, Approving the 2003 Draft and Arrangement of the Constitution of Maine Made by the Chief Justice of the Supreme Judicial Court and Providing for its Publication and Distribution
Maine Legislature, Session 121, LD 1630

Legislative Document 
No. 1630 
S.P.585 
In Senate, June 9,2003 
Resolve, Approving the 2003 Draft and Arrangement of the 
Constitution of Maine Made by the Chief Justice of the Supreme 
Judicial Court and Providing for its Publication and Distribution 
(EMERGENCY) 
Reported by Senator ROTUNDO of Androscoggin for the Chief Justice of the Supreme 
Judicial Court pursuant to the Constitution of Maine, Article X, Section 6. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Emergency preamble. 
Whereas, Acts 
and 
Legislature 
do 
not 
become 
effective 
until 
adjournment unless enacted as emergencies; and 
resolves 
of 
the 
days 
after 
Whereas, the 
2003 
recodification of the Constitution of 
Maine has been completed by the Chief Justice of the Supreme 
Judicial Court and submitted to the Legislature; and 
Whereas, the recodification must be made 
public as soon as possible and before the 
gO-day period; and 
available to the 
expiration of the 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, be it 
Sec. 1. Constitution; approval of 2003 draft and arrangement, 
enrollment, distribution. Resolved: 
That the draft and arrangement 
of the Constitution of Maine, 
as 
amended, 
made by the Chief 
Justice 
of 
the 
Supreme 
Judicial 
Court, 
pursuant 
to 
the 
Constitution of Maine, Article X, Section 6, is approved and that 
the same be enrolled on parchment or other suitable material and 
deposited in the office of the Secretary of State; and be it 
further 
Sec. 2. Enrollment on durable material. Resolved: 
That 
the 
Secretary of State is authorized and directed to 
cause 
the 
Constitution of Maine, as amended and arranged, to be enrolled on 
parchment or other suitable material and upon final approval of 
the Chief Justice of the Supreme Judicial Court to attest to the 
correctness of that enrollment under the seal of the State; and 
be it further 
Sec. 3. Publication. Resolved: 
That the Secretary of State is 
authorized and directed to cause to be published in pamphlet 
form, subject to the approval of the Chief Justice of the Supreme 
Judicial Court, 
copies of the Constitution of Maine in such 
numbers as the Secretary of State determines necessary and that 
one copy of the pamphlet be forwarded to the municipal officers 
of each city and town and to the assessors of each plantation 
within the State. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this resolve takes effect when approved. 
Page l-LR2175(1) 
SUMMARY 
Passage of this 
resolve 
by 
the Legislature constitutes 
approval of the Constitution of Maine as arranged by the Chief 
Justice 
of 
the 
Supreme 
Judicial 
Court 
pursuant 
to 
the 
Constitution of Maine, Article X, Section 6. 
The text of the 
Constitution of Maine as recodified by the Chief Justice is 
appended to this summary as Appendix "A." 
Recodification 4/2/03 
APPENDIX A 
Chief Justice Leigh I. Saufley 
CONSTITUTION OF THE STATE OF MAINE 
AS AMENDED. 
PREAMBLE. 
Objects of government. 
We 
the people of Maine, 
in order to 
establish 
justice, 
insure 
tranquility, 
provide 
for 
our 
mutual 
defense, promote our common welfare, and secure to ourselves and our 
posterity the blessings of liberty, 
acknowledging with grateful 
hearts the goodness of the Sovereign Ruler of the Universe in 
affording us 
an opportunity, 
so favorable to the design; 
and, 
imploring God's aid and direction in its accomplishment, do agree to 
form ourselves into a free and independent State, by the style and 
title of the State of Maine 
and 
do 
ordain and establish the 
following Constitution for the government of the same. 
Article I. 
Declaration of Rights. 
Section 1. 
Natural rights. 
All people are born equally free and 
independent, 
and have certain natural, 
inherent and unalienable 
rights, among which are those of enjoying and defending life and 
liberty, 
acquiring, 
possessing 
and protecting property, 
and of 
pursuing and obtaining safety and happiness. 
Section 2. 
Power inherent in people. 
All power is inherent in the 
people; all free governments are founded in their authority and 
instituted for their benefit; they have therefore an unalienable and 
indefeasible right to institute government, and to alter, reform, or 
totally change the same, when their safety and happiness require it. 
Section 
3. 
Religious 
freedom; 
sects 
equal; 
religious 
tests 
prohibited; religious teachers. 
All individuals have a natural and 
unalienable right to worship Almighty God according to the dictates 
of their own consciences, and no person shall be hurt, molested or 
restrained in that person's liberty or estate for worshipping God in 
the manner 
and season most 
agreeable to the dictates of that 
person's own conscience, nor for that person's religious professions 
or sentiments, provided that that person does not disturb the public 
peace, nor obstruct others in their religious worship; 
and all 
persons demeaning themselves peaceably, 
as 
good members 
of the 
State, shall be equally under the protection of the laws, and no 
subordination nor preference of anyone sect or denomination to 
another shall ever be established by law, nor shall any religious 
test be required as a qualification for any office or trust, under 
this State; 
and all religious societies in this State, 
whether 
incorporate or unincorporate, shall at all times have the exclusive 
right of electing their public teachers, and contracting with them 
for their support and maintenance. 
Section 4. 
Freedom of speech and publication; libel; truth given 
in evidence; jury determines law and fact. 
Every citizen may freely 
speak, 
wri te 
and 
publish 
sentiments 
on 
any 
subj ect, 
being 
responsible for the abuse of this liberty; no laws shall be passed 
regulating 
or 
restraining 
the 
freedom 
of 
the 
press; 
and 
in 
prosecutions for any publication respecting the official conduct of 
people in public capacity, or the qualifications of those who are 
candidates for the suffrages of the people, or where the matter 
CONSTITUTION OF MAINE 
published is proper for public information, the truth thereof may be 
given in evidence, and in all indictments for libels, the jury, 
after having received the direction of the court, shall have a right 
to determine, at their discretion, the law and the fact. 
Section 5. 
Unreasonable searches prohibited. 
The people shall be 
secure in their persons, houses, papers and possessions from all 
unreasonable searches and seizures; and no warrant to search any 
place, or seize any person or thing, shall issue without a special 
designation of the place to be searched, and the person or thing to 
be seized, 
nor without probable cause 
supported by oath or 
affirmation. 
Section 
6. 
Rights 
of 
persons 
accused. 
In 
all 
criminal 
prosecutions, the accused shall have a right to be heard by the 
accused and counsel to the accused, or either, at the election of 
the accused; 
To demand the nature and cause of the accusation, and have a copy 
thereof; 
To be confronted by the witnesses against the accused; 
To have compulsory process for obtaining witnesses in favor of the 
accused; 
To have a speedy, public and impartial trial, and, except in trials 
by martial law or impeachment, by a jury of the vicinity. 
The 
accused shall not be compelled to furnish or give evidence against 
himself or herself, nor be deprived of life, liberty, property or 
privileges, but by judgment of that person's peers or the law of the 
land. 
Section 6-A. 
Discrimination against persons prohibited. 
No person 
shall be deprived of life, liberty or property without due process 
of law, 
nor be denied the equal protection of the laws, nor be 
denied 
the 
enjoyment 
of 
that 
person's 
civil 
rights 
or 
be 
discriminated against in the exercise thereof. 
Section 7. 
No 
person to 
answer 
to certain crimes but on 
indictment; exceptions; juries. 
No person shall be held to answer 
for 
a 
capital or 
infamous 
crime, 
unless 
on 
a 
presentment 
or 
indictment of a grand jury, except in cases of impeachment, or in 
such cases of offenses, as are usually cognizable by a justice of 
the peace, 
or in cases arising in the army or navy, 
or in the 
militia when in actual service in time of war or public danger. 
The 
Legislature shall provide by law a suitable and impartial mode of 
selecting 
juries, 
and 
their 
usual 
number 
and 
unanimity, 
in 
indictments and convictions, shall be held indispensable. 
Section 8. 
No double jeopardy. 
No person, for the same offense, 
shall be twice put in jeopardy of life or limb. 
Section 9. 
Sanguinary laws, excessive bail, cruel or unusual 
punishments prohibited. 
Sanguinary laws shall not be passed; all 
penalties and punishments shall be proportioned to the offense; 
excessive bail shall not be required, nor excessive fines imposed, 
nor cruel nor unusual punishments inflicted. 
CONSTITUTION OF MAINE 
Section 10. 
Bailable offenses; habeas corpus. 
No person before 
conviction shall be bailable for any of the crimes which now are, or 
have been denominated capital offenses since the adoption of the 
Constitution, when the proof is evident or the presumption great, 
whatever the punishment of the crimes may be. 
And the privilege of 
the writ of habeas corpus shall not be suspended, unless when in 
cases of rebellion or invasion the public safety may require it. 
Section 11. 
Attainder, ex post facto and contract-impairment laws 
prohibited. 
The Legislature shall pass no bill of attainder, ex 
post facto law, nor law impairing the obligation of contracts, and 
no attainder shall work corruption of blood nor forfeiture of 
estate. 
Section 12. 
Treason; testimony of 2 witnesses. 
Treason against 
this State shall consist only in levying war against it, adhering to 
its enemies, 
giving them aid and comfort. 
No 
person shall be 
convicted of treason unless on the testimony of 2 witnesses to the 
same overt act, or confession in open court. 
Section 13. 
Suspension of laws. 
The laws shall not be suspended 
but by the Legislature or its authority. 
Section 14. 
Corporal punishment under military law. 
No person 
shall be subject to corporal punishment under military law, except 
such as are employed in the army or navy, or in the militia when in 
actual service in time of war or public danger. 
Section 15. 
Right of petition. 
The people have a right at all 
times in an orderly and peaceable manner to assemble to consult upon 
the common good, to give instructions to their representatives, and 
to request, of either department of the government by petition or 
remonstrance, redress of their wrongs and grievances. 
Section 16. 
To keep and bear arms. 
Every citizen has a right to 
keep and bear arms and this right shall never be questioned. 
Section 17. 
Standing armies. 
No standing army shall be kept up in 
time of peace without the consent of the Legislature, 
and the 
military shall, 
in all cases, 
and at all times, 
be in strict 
subordination to the civil power. 
Section 18. 
Quartering of soldiers on citizens. 
No soldier shall 
in time of peace be quartered in any house without the consent of 
the owner or occupant, nor in time of war, but in a manner to be 
prescribed by law. 
Section 19. 
Right of redress for injuries. 
Every person, for an 
injury inflicted on the person or the person's reputation, property 
or immunities, shall have remedy by due course of law; and right and 
justice shall be administered freely and without sale, completely 
and without denial, promptly and without delay. 
Section 20. 
Trial by jury. 
In all civil suits, 
and in all 
controversies concerning property, the parties shall have a right to 
a trial by jury, 
except in cases where it has heretofore been 
otherwise practiced; the party claiming the right may be heard by 
himself or herself and with counsel, or either, at the election of 
the party. 
CONSTITUTION OF MAINE 
Section 21. 
Private property, when to be taken. 
shall not be taken for public uses without just 
unless the public exigencies require it. 
Private property 
compensation; nor 
Section 22. 
consent 
of 
Legislature. 
Taxes. 
No tax or duty shall be imposed without the 
the 
people 
or 
of 
their 
representatives 
in 
the 
Section 23. 
Title of nobility prohibited; tenure of offices. 
No 
title of nobility or hereditary distinction, privilege, honor or 
emolument, shall ever be granted or confirmed, nor shall any office 
be created, the appointment to which shall be for a longer time than 
during good behavior. 
Section 24. 
Other rights not impaired. 
The enumeration of certain 
rights shall not impair nor deny others retained by the people. 
CONSTITUTION OF MAINE 
Article II. 
Electors. 
Section 1. 
Qualifications of electors; written ballot; military 
servicemen; students. 
Every citizen of the United States of the age 
of 18 years and upwards, excepting persons under guardianship for 
reasons of mental illness, having his or her residence established 
in this State, 
shall be an elector for Governor, 
Senators and 
Representatives, in the city, town or plantation where his or her 
resid~nce has been established, if he or she continues to reside in 
this State; and the elections shall be by written ballot. 
But 
persons in the military, naval or marine service of the United 
States, or this State, shall not be considered as having obtained 
such established residence by being stationed in any garrison, 
barrack or military place, in any city, town or plantation; nor 
shall the residence of a student at any seminary of learning entitle 
the student to the right of suffrage in the city, town or plantation 
where such seminary is established. 
No person, however, shall be 
deemed to have lost residence by reason of the person's absence from 
the state in the military service of the United States, or of this 
State. 
Indians. 
Every 
Indian, 
residing 
on 
tribal 
otherwise qualified, shall be an elector in all 
national elections. 
reservations 
and 
county, state and 
Section 
2. 
Electors 
exempt 
from 
arrests 
on 
election 
days. 
Electors shall, in all cases, except treason, felony or breach of 
the peace, be privileged from arrest on the days of election, during 
their attendance at, going to, and returning therefrom. 
Section 3. 
Exemption from military duty. 
No elector shall be 
obliged to do duty in the militia on any day of election, except in 
time of war or public danger. 
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 forever and the election of 
Governor shall be on the Tuesday following the first Monday of 
November 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. 
Section 5. 
Voting machines. 
Voting machines, or other mechanical 
devices 
for voting, 
may 
be 
used at all elections 
under 
such 
regulations as may be prescribed by law, 
provided, 
however, 
the 
right of secret voting shall be preserved. 
CONSTITUTION OF MAINE 
Article III. 
Distribution of Powers. 
Section 1. 
Powers distributed. 
shall be divided into 
distinct 
executive and judicial. 
The powers of this government 
departments, 
the legislative, 
Section 2. 
To be kept separate. 
No person or persons, belonging 
to one of these departments, 
shall exercise any of the powers 
properly belonging to either of the others, except in the cases 
herein expressly directed or permitted. 
CONSTITUTION OF MAINE 
Article IV. 
Part First. 
House of Representatives. 
Section 1. 
Legislative department; style of acts. 
The legislative 
power 
shall 
be 
vested 
in 
distinct 
branches, 
a 
House 
of 
Representatives, and a Senate, each to have a negative on the other, 
and. both to be styled the Legislature of Maine, 
but the people 
reserve to themselves power to propose laws and to enact or reject 
the same at the polls independent of the Legislature, 
and also 
reserve power at their own option to approve or reject at the polls 
any Act, bill, resolve or resolution passed by the j oint action of 
both branches of the Legislature, and the style of their laws and 
Acts shall be, "Be it enacted by the people of the State of Maine." 
Section 2. 
Number of Representatives; biennial terms; division of 
the State into districts for House of Representatives. 
The House of 
Representatives shall consist of 151 members, to be elected by the 
qualified electors, and hold their office 2 years from the day next 
preceding the first Wednesday in December following the general 
election. 
The Legislature which convenes in 1983 and every 10th 
year thereafter shall cause the State to be divided into districts 
for the choice of one Representative for each district. 
The number 
of Representatives shall be divided into the number of inhabitants 
of the State exclusive of foreigners not naturalized according to 
the latest Federal Decennial Census or a State Census previously 
ordered by the Legislature to coincide with the Federal Decennial 
Census, 
to 
determine 
a 
mean 
population 
figure 
for 
each 
Representative District. 
Each Representative District shall be 
formed of contiguous and compact territory and shall cross political 
subdivision lines the least number of times necessary to establish 
as nearly as practicable equally populated districts. 
Whenever the 
population of a municipality entitles it to more than one district, 
all whole districts shall be drawn within municipal boundaries. 
Any 
population remainder within the municipality shall be included in a 
district with contiguous territory and shall be kept intact. 
Section 3. Submission of reapportionment plan to Clerk of House; 
Legislature's action on commission's plan. 
The apportionment plan 
o'f the commission established under Article IV, Part Third, Section 
1-A shall be submitted to the Clerk of the House 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 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 
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 130 calendar days after convening, the Supreme 
Judicial Court shall, within 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 
CONSTITUTION OF MAINE 
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. 
Section 4. 
Qualificatons; residency requirement. 
No person shall 
be a 
member of the House of Representatives, unless the person 
shall, at the commencement of the period for which the person is 
elected, have been 5 years a citizen of the United States, have 
arrived at the age of 21 years, have been a resident in this State 
one year; and for the 3 months next preceding the time of this 
person's election shall have been, and, during the period for which 
elected, shall continue to be a resident in the district which that 
person represents. 
No person may be a candidate for election as a member of the House 
of 
Representatives 
unless, 
at the 
time 
of the 
nomination 
for 
placement on a primary, general or special election ballot, that 
person is a resident in the district which the candidate seeks to 
represent. 
Section 5. Election of Representatives; lists of votes delivered 
forthwith; lists of votes examined by Governor; summons of persons 
who appear to be elected; lists shall be laid before the House. 
The 
meetings within this State for the choice of Representatives shall 
be warned in due course of law by qualified officials of the several 
towns and cities 7 days at least before the election, 
and the 
election officials of the various towns and cities shall preside 
impartially at such meetings, receive the votes of all the qualified 
electors, sort, count and declare them in open meeting; and a list 
of the persons voted for shall be formed, with the number of votes 
for each person against that person's name. 
Cities and towns 
belonging to any Representative District shall hold their meetings 
at the same time in the respective cities and towns; 
and such 
meetings shall be notified, held and regulated, the votes received, 
sorted, counted and declared in the same manner. 
Fair copies of the 
lists of votes shall be attested by the municipal officers and the 
clerks of the cities and towns 
and the city and 
town clerks 
respectively shall cause the same to be delivered into the office of 
the Secretary of State forthwith. 
The Governor shall examine the 
returned copies of such lists and 7 days before the first Wednesday 
of December biennially, shall issue a summons to such persons as 
shall appear to have been elected by a plurality of all votes 
returned, to attend and take their seats. 
All such lists shall be 
laid before the House of Representatives on the first Wednesday of 
December biennially, 
and they shall finally determine 
who 
are 
elected. 
Section 6. 
vacated by 
filled by a 
Vacancies. 
Whenever 
death, 
resignation, 
or 
new election. 
the seat of a 
otherwise the 
member shall be 
vacancy may be 
Section 7. To choose own officers. 
The House of Representatives 
shall choose their speaker, clerk and other officers. 
CONSTITUTION OF MAINE 
Section 8. 
Power of impeachment. 
The House of Representatives 
shall have the sole power of impeachment. 
CONSTITUTION OF MAINE 
Article IV. 
Part Second. 
Senate. 
Section 1. 
Number of Senators. 
The Senate shall consist of an odd 
number of Senators, not less than 31 nor more than 35, elected at 
the same time and for the same term as Representatives by the 
qualified electors of the districts into which the State shall be 
from time to time divided. 
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 1983 and every tenth 
year thereafter shall cause the State to be divided into districts 
for the choice of a Senator from each district, using the same 
method 
as 
provided in Article 
IV, 
Part First, 
Section 
for 
apportionment of Representative Districts. 
The apportionment plan of the commission established under Article 
IV, Part Third, Section i-A shall be submitted to the Secretary of 
the 
S~nate 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 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 130 days after convening, the Supreme Judicial 
Court shall, 
within 
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. 
Section 
3. 
Election of 
Senators; 
lists of votes 
delivered 
forthwith. 
The meetings within this State for the election of 
Senators shall be notified, 
held 
and 
regulated and the votes 
received, sorted, counted, declared and recorded, in the same manner 
as those for Representatives. 
Fair copies of the lists of votes 
shall be attested by the clerks of the cities and towns or other 
duly authorized officials and sealed up in open meetings and such 
officials shall cause said lists to be delivered into the office of 
the Secretary of State forthwith. 
CONSTITUTION OF MAINE 
Section 4. 
Lists of votes examined by Governor; summons to persons 
who appear to be elected. 
The Governor shall, as soon as may be, 
examine the copies of such lists, and at least 7 days before the 
said first Wednesday of December, issue a summons to such persons, 
as shall appear to be elected by a plurality of the votes in each 
senatorial district, to attend that day and take their seats. 
Section 
5. 
Determination of Senators elected; 
procedure for 
filling vacancies. 
The Senate shall, on said first Wednesday of 
December, biennially determine who is elected by a plurality of 
votes to be Senator in each district. 
All vacancies in the Senate 
arising from death, 
resignation, 
removal from the State or like 
causes, and also vacancies, if any, which may occur because of the 
failure of any district to elect by a plurality of votes the Senator 
to which said district shall be entitled shall be filled by an 
immediate election in the unrepresented district. 
The Governor 
shall issue a proclamation therefor and therein fix the time of such 
election. 
Section 6. Qualifications. The Senators shall be 25 years of age at 
the commencement of the term, for which they are elected, and in all 
other respects their qualifications shall be the same as those of 
the Representatives. 
Section 
7. 
To 
try 
impeachments; 
limitation of 
judgment 
of 
impeachment; party liable to be tried and punished in court. 
The 
Senate shall have the sole power to try all impeachments, and when 
si tting for that purpose shall be on oath or affirmation, and no 
person shall be convicted without the concurrence of 2/3 of the 
members present. 
Their judgment, however, shall not extend farther 
than to removal from office, and disqualification to hold or enjoy 
any office of honor, trust or profit under this State. 
But the 
party, whether convicted or acquitted, shall nevertheless be liable 
to indictment, trial, judgment and punishment according to law. 
Section 8. 
To choose own officers. 
The Senate shall choose their 
President, Secretary and other officers. 
CONSTITUTION OF MAINE 
Article IV. 
Part Third. 
Legislative Power. 
Section 1. 
To meet annually; power of Legislature to convene 
itself at other times; extent of legislative power. 
The Legislature 
shall convene on the first Wednesday of December following the 
general election in what shall be designated the first regular 
session of the Legislature; and shall further convene on the first 
Wednesday after the first Tuesday of January in the subsequent even-
numbered year in what shall be designated the second regular session 
of the Legislature; provided, 
however, 
that the business of the 
budgetary matters; legislation in the Governor's call; legislation 
of an emergency nature admitted by the Legislature; legislation 
referred to committees for study and report by the Legislature in 
the 
first 
regular 
session; 
and 
legislation 
presented 
to 
the 
Legislature by written petition of the electors under the provisions 
of Article IV, Part Third, Section 18. 
The Legislature shall enact 
appropriate statutory limits on the length of the first regular 
session and of the second regular session. 
The Legislature may 
convene at such other times on the call of the President of the 
Senate and Speaker of the House, with the consent of a majority of 
the Members of the Legislature of each political party, all Members 
of the Legislature having been first polled. 
The Legislature, with 
the exceptions hereinafter stated, shall have full power to make and 
establish all reasonable laws and regulations for the defense and 
benefit 
of 
the 
people 
of this 
State, 
not 
repugnant 
to this 
Constitution, nor to that of the United States. 
Section I-A. 
Legislature to establish Apportionment Commission; 
number of quorum; compensation of commission members; commission's 
budget; division among political parties. 
A Legislature which is 
required to apportion the districts of the House of Representatives 
or the Senate, or both, under Article IV, Part First, Section 2, or 
Article IV, 
Part Second, 
Section 2, 
shall establish, 
wi thin the 
first 3 calendar days after the convening of that Legislature, 
a 
commission to develop in accordance with the requirements of this 
Constitution, a plan for apportioning the House of Representatives, 
the Senate, or both. 
The commission shall be composed of 3 members from the political 
party 
holding 
the 
largest 
number 
of 
seats 
in 
the 
House 
of 
Representati ves, who shall be appointed by the Speaker; 3 members 
from the political party holding the majority of the remainder of 
the seats in the House of Representatives, who shall be appointed by 
the floor leader of that party in the House; 2 members of the party 
holding the largest number of seats in the Senate, who shall be 
appointed by the President of the Senate; 2 members of the political 
party holding the majority of the remainder of the seats in the 
Senate, to be appointed by the floor leader of that party in the 
Senate; the chairperson of each of the 2 major political parties in 
the State or their designated representatives; and 3 members from 
the public generally, one to be selected by each group of members of 
the commission representing the same political party, and the third 
to be selected by the other 2 public members. 
The Speaker of the 
House shall be responsible for organizing the commission and shall 
be chairperson pro tempore thereof until a permanent chairperson is 
CONSTITUTION OF MAINE 
selected by the commission members from among their own number. 
No 
action may be taken without a 
quorum of 8 being present. 
The 
commission shall hold public hearings on any plan for apportionment 
prior to submitting such plan to the Legislature. 
Public members of the commission shall receive the same rate of per 
diem that is paid to Legislators for every day's attendance at 
special sessions of the Legislature as defined by law. 
All members 
of the commission shall be reimbursed for actual travel expenses 
incurred in carrying out the business of the commission. 
The 
Legislature which is required to apportion shall establish a budget 
for the apportioning commission within the state budget document in 
the fiscal year previous to the fiscal year during which 
the 
apportioning commission is required to convene and shall appropriate 
sufficient funds for the commission to satisfactorily perform its 
duties and responsibilities. 
The budget shall include sufficient 
funds 
to compensate the chairperson of the commission 
and the 
chairperson's staff. 
The remainder of the appropriation shall be 
made available equally among the political parties represented on 
the commission to provide travel expenses, incidental expenses and 
compensation for 
commission members 
and for partisan staff and 
operations. 
Section 2. 
Bills to be signed by the Governor; proceedings, in 
case the Governor disapproves; allowing the Governor 10 days to act 
on legislation. 
Every bill or resolution, having the force of law, 
to which the concurrence of both Houses may be necessary, except on 
a question of adjournment, 
which shall have passed both Houses, 
shall be presented to the Governor, and if the Governor approves, 
the Governor shall sign it; if not, the Governor shall return it 
wi th obj ections to the House in which it shall have originated, 
which shall enter the obj ections at large on its journals, 
and 
proceed to reconsider it. 
If after such reconsideration, 2/3 of 
that House shall agree to pass it, it shall be sent together with 
the 
objections, 
to 
the 
other 
House, 
by 
which 
it 
shall 
be 
reconsidered, and, if approved by 2/3 of that House, it shall have 
the same effect as if it had been signed by the Governor; but in all 
such cases, the votes of both Houses shall be taken by yeas and 
nays, and the names of the persons, voting for and against the bill 
or resolution, shall be entered on the journals of both Houses 
respecti vely. 
If the bill or resolution shall not be returned by 
the Governor within 10 days (Sundays excepted) after it shall have 
been presented to the Governor, it shall have the same force and 
effect as if the Governor had signed it unless the Legislature by 
their adjournment prevent its return, in which case it shall have 
such force and effect, unless returned within 3 days after the next 
meeting 
of 
the 
same 
Legislature 
which 
enacted 
the 
bill 
or 
resolution; if there is no such next meeting of the Legislature 
which enacted the bill or resolution, the bill or resolution shall 
not be a law. 
Section 
2-A. 
Line-item veto of dollar amounts 
appearing in 
appropriation or allocation sections of legislative documents. 
The 
Governor has power to disapprove any dollar amount appearing in an 
appropriation section or allocation section, or both, of an enacted 
legislati ve document. 
Unless the Governor exercises the line-item 
veto power authorized in this section no later than one day after 
receiving for signature the enacted legislation, the powers of the 
Governor as set out in section 2 apply to the entire enacted 
legislation. 
For any disapproved dollar amount, the Governor shall 
replace the dollar amount with one that does not result in an 
CONSTITUTION OF MAINE 
increase in an appropriation or allocation or a 
decrease in a 
deappropriation or deallocation. 
When disapproving a dollar amount 
pursuant to this section, the Governor may not propose an increase 
in an appropriation or allocation elsewhere in the legislative 
document. 
The Governor shall specify the distinct dollar amounts 
that are revised, and the part or parts of the legislative document 
not specifically revised become law. 
The dollar amounts in an 
appropriation or allocation that have been disapproved become law as 
revised by the Governor, unless passed over the Governor's veto by 
the Legislature as the dollar amounts originally appeared in the 
enacted 
bill 
as 
presented 
to 
the 
Governor; 
except 
that, 
notwithstanding any other provision of this Constitution for dollar 
amounts vetoed pursuant to this section, 
a majority of all the 
elected members in each House is sufficient to override the veto, 
and each dollar amount 
vetoed must 
be 
voted on separately to 
override the veto. 
Except as provided in this section, the Governor 
may not disapprove, omit or modify any language allocated to the 
statutes or appearing in an unallocated section of law. 
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 members, and 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 penalties as each House shall provide. 
Section 4. 
May punish and expel members. 
the rules of its proceedings, punish its 
behavior, and, with the concurrence of 2/3, 
a 2nd time for the same cause. 
Each House may determine 
members for disorderly 
expel a member, but not 
Section 5. 
Shall keep a journal; yeas and nays. 
Each House shall 
keep 
a 
journal, 
and from time to time publish its proceedings, 
except such parts as in their judgment may require secrecy; and the 
yeas and nays of the members of either House on any question, shall, 
at the desire of 1/5 of those present, be entered on the journals. 
Section 6. 
May punish for contempt. 
Each House, 
during its 
session, may punish by imprisonment any person, not a member, for 
disrespectful 
or 
disorderly 
behavior 
in 
its 
presence, 
for 
obstructing 
any 
of its proceedings, 
threatening, 
assaulting or 
abusing any of its members for anything said, done, 
or doing in 
either House; provided, that no imprisonment shall extend beyond the 
period of the same session. 
Section 7. 
Compensation; traveling expenses. 
The Senators and 
Representatives 
shall 
receive 
such 
compensation, 
as 
shall 
be 
established by law; but no law increasing their compensation shall 
take effect during the existence of the Legislature, which enacted 
it. 
The expenses of the members of the House of Representatives in 
traveling to the Legislature, and returning therefrom, once in each 
week of each session and no more, shall be paid by the State out of 
the public treasury to every member, who shall seasonably attend, in 
the judgment of the House, 
and does not depart therefrom without 
leave. 
Section 8. 
Members exempt from arrest; freedom of debate. 
The 
Senators and Representatives shall, in all cases except treason, 
felony or breach of the peace, be privileged from arrest during 
their attendance at, going to, and returning from each session of 
CONSTITUTION OF MAINE 
the Legislature, 
and 
no 
member 
shall be 
anything spoken in debate in either House, 
elsewhere. 
liable to answer 
for 
in any court or place 
Section 
9. 
Ei ther House 
may origina te bills; revenue bills. 
Bills, orders or resolutions, may originate in either House, and may 
be altered, amended or rejected in the other; but all bills for 
raising a revenue shall originate in the House of Representatives, 
but the Senate may propose amendments as in other cases; provided, 
that they shall not, under color of amendment, 
introduce any new 
matter, which does not relate to raising a revenue. 
Section 10. 
Members not to be appointed to certain offices. 
No 
Senator or Representative shall, 
during the term for which the 
Senator or Representative shall have been elected, be appointed to 
any civil office of profit under this State, which requires the 
approval of the Legislature for appointment or which shall have been 
created, or the emoluments of which increased during such term, 
except such offices as may be filled by elections by the people. 
Section 11. 
Persons disqualified to be members. 
No member of 
Congress, 
nor person holding any office under the United States 
(post officers excepted) 
nor office of profit under this State, 
justices of the peace, notaries public, coroners and officers of the 
mili tia excepted, shall have a seat in either House while a member 
of Congress, or continuing in such office. 
Section 12. 
Adjournments. 
Neither House shall during the session, 
without the consent of the other, adjourn for more than 2 days, nor 
to any other place than that in which the Houses shall be sitting. 
Section 13. 
Special legislation. 
The Legislature shall, from time 
to time, provide, as far as practicable, by general laws, for all 
matters usually appertaining to special or private legislation. 
Section 14. 
Corporations, formed under general laws. 
Corporations 
shall be formed under general laws, and shall not be created by 
special Acts of the Legislature, except for municipal purposes, and 
in cases where the obj ects of the corporation cannot otherwise be 
attained; and, however formed, they shall forever be subject to the 
general laws of the State. 
Section 15. Constitutional conventions. The Legislature shall, 
2/3 concurrent vote of both branches, 
have 
the 
power to 
constitutional 
conventions, 
for 
the 
purpose 
of 
amending 
Constitution. 
by a 
call 
this 
Section 16. 
Acts 
become effective in 
days after recess; 
exception; emergency bill defined. 
No Act or j oint resolution of 
the Legislature, except such orders or resolutions as pertain solely 
to facilitating the performance of the business of the Legislature, 
of either branch, 
or of any 
committee or officer thereof, 
or 
appropriate money therefor or for the payment of salaries fixed by 
law, shall take effect until 90 days after the recess of the session 
of the Legislature in which it was passed, 
unless in case of 
emergency, which with the facts constituting the emergency shall be 
expressed in the preamble of the Act, the Legislature shall, by a 
vote of 2/3 of all the members elected to each House, 
otherwise 
direct. 
An emergency bill shall include only such measures as are 
immediately necessary for the preservation of the public peace, 
CONSTITUTION OF MAINE 
health or safety; and shall not include (1) an infringement of the 
right of home rule for municipalities, (2) a franchise or a license 
to a corporation or an individual to extend longer than one year, or 
(3) provision for the sale or purchase or renting for more than 5 
years of real estate. 
Section 17. 
Proceedings for people's veto. 
1. 
Petition procedure; petition for people's veto. 
Upon written 
petition of electors, the number of which shall not be less than 10% 
of the total vote for Governor cast in the last gubernatorial 
election preceding the filing of such petition, and addressed to the 
Governor and filed in the office of the Secretary of State by the 
hour of 5:00 p.m., on or before the 90th day after the recess of the 
Legislature, or if such 90th day is a Saturday, a Sunday, or a legal 
holiday, by the hour of 5:00 p.m., on the preceding day which is not 
a Saturday, a Sunday, or a legal holiday, requesting that one or 
more Acts, bills, resolves or resolutions, or part or parts thereof, 
passed by the Legislature but not then in effect by reason of the 
provisions of the preceding section, be referred to the people, such 
Acts, bills, resolves, or resolutions or part or parts thereof as 
are specified in such petition shall not take effect until 30 days 
after the Governor shall have announced by public proclamation that 
the same have been ratified by a maj ori ty of the electors voting 
thereon at a statewide or general election. 
2. 
Effect of referendum. 
The effect of any Act, bill, resolve or 
resolution or part or parts thereof as 
are specified in such 
petition shall be suspended upon the filing of such petition. 
If it 
is later finally determined, 
in accordance 
with 
any procedure 
enacted by the Legislature pursuant to the Constitution, that such 
petition was invalid, such Act, bill, resolve or resolution or part 
or parts thereof shall then take effect upon the day following such 
final determination. 
3. 
Referral to electors; proclamation by Governor. 
As soon as it 
appears that the effect of any Act, bill, resolve, or resolution or 
part or parts thereof has been suspended by petition in manner 
aforesaid, the Governor by public proclamation shall give notice 
thereof and of the time when such measure is to be voted on by the 
people, which shall be at the next statewide or general election, 
whichever 
comes 
first, 
not 
less 
than 
days 
after 
such 
proclamation. 
If the Governor fails to order such measure to be 
submitted to the people at the next statewide or general election, 
the Secretary of State shall, by proclamation, order such measure to 
be submitted to the people at such an election and such order shall 
be sufficient to enable the people to vote. 
Section 18. 
Direct initiative of legislation. 
1. 
Petition 
procedure. 
The 
electors 
may 
propose 
to 
the 
Legislature for its consideration any bill , resolve or resolution, 
including bills to amend or repeal emergency legislation but not an 
amendment of the State Constitution, by written petition addressed 
to the Legislature or to either branch thereof and filed in the 
office of the Secretary of State by the hour of 5: 00 p. m., on or 
before the 50th day after the date of convening of the Legislature 
in first regular session or on or before the 25th day after the date 
of convening of the Legislature in second regular session. 
If the 
CONSTITUTION OF MAINE 
50th or 25th day, whichever applies, is a Saturday, Sunday, or legal 
holiday, the period runs until the hour of 5:00 p.m., of the next 
day which is not a Saturday, Sunday, or legal holiday. 
2. 
Referral to electors unless enacted by the Legislature without 
change; 
number 
of 
signatures 
necessary 
on 
direct 
initiative 
petitions; dating signatures on petitions; competing measures. 
For 
any measure thus proposed by electors, the number of signatures 
shall not be less than 10% of the total vote for Governor cast in 
the 
last 
gubernatorial 
election preceding 
the 
filing 
of 
such 
petition. 
The date each signature was made shall be written next to 
the signature on the petition, and no signature older than one year 
from the written date on the petition shall be valid. 
The measure 
thus proposed, unless enacted without change by the Legislature at 
the session at which it is presented, shall be submitted to the 
electors 
together 
with 
any 
amended 
form, 
substitute, 
or 
recommendation of the Legislature, 
and in such manner that the 
people can choose between the competing measures or rej ect both. 
When there are competing bills and neither receives a maj ori ty of 
the votes given for or against both, the one receiving the most 
votes shall at the next statewide election to be held not less than 
days after the first vote thereon be submitted by itself if it 
receives more than 1/3 of the votes given for and against both. 
If 
the measure initiated is enacted by the Legislature without change, 
it shall not go to a referendum vote unless in pursuance of a demand 
made in accordance with the preceding section. 
The Legislature may 
order a special election on any measure that is subject to a vote of 
the people. 
3. 
Timing of elections; proclamation by Governor. 
The Governor 
shall, 
by 
proclamation, 
order 
any 
measure 
proposed 
to 
the 
Legislature as herein provided, and not enacted by the Legislature 
without change, referred to the people at an election to be held in 
November of the year in which the petition is filed. 
If the 
Governor fails to order a measure proposed to the Legislature and 
not enacted without change to be submitted to the people at such an 
election by proclamation wi thin 10 days after the recess of the 
Legislature to which the measure was proposed, 
the Secretary of 
State shall, by proclamation, order such measure to be submitted to 
the people at an election as requested, and such order shall be 
sufficient to enable the people to vote. 
Section 19. 
Effective date of measures approved by people; veto 
power limited. 
Any measure referred to the people and approved by a 
majority of the votes given thereon shall, unless a later date is 
specified in said measure, take effect and become a law in 30 days 
after the Governor has made public proclamation of the result of the 
vote on said measure, which the Governor shall do within 10 days 
after the vote thereon has been canvassed and determined; provided, 
however, 
that any such measure which entails expenditure in an 
amount in excess of available and unappropriated state funds shall 
remain inoperative until 45 days after the next convening of the 
Legislature in regular session, 
unless the measure provides for 
raising new revenues adequate for its operation. 
The veto power of 
the Governor shall not extend to any measure approved by vote of the 
people, and any measure initiated by the people and passed by the 
Legislature without change, if vetoed by the Governor and if the 
veto is sustained by the Legislature shall be referred to the people 
to be voted on at the next general election. 
The Legislature may 
enact measures expressly conditioned upon the people's ratification 
by a referendum vote. 
CONSTITUTION OF MAINE 
Section 20. 
Meaning of words "electors," "people, " "recess of 
Legislature," 
"statewide election," 
"measure," 
"circulator," 
and 
"written petition"; written- petitions for people's veto; written 
petitions for direct initiative. 
As used in any of the 3 preceding 
sections or in this section the words "electors" and "people" mean 
the ele~tors of the State qualified to vote for Governor; "recess of 
the Legislature" means the adjournment without day of a session of 
the 
Legislature; 
"statewide 
election" 
means 
any 
election 
held 
throughout the State on a particular day; "measure" means an Act, 
bill, resolve or resolution proposed by the people, or 2 or more 
such, or part or parts of such, as the case may be; "circulator" 
means a person who solicits signatures for written petitions, and 
who must be a resident of this State and whose name must appear on 
the voting list of the city, town or plantation of the circulator's 
residence as qualified to vote for Governor; 
"written petition" 
means one or more petitions written or printed, or partly written 
and partly printed, with the original signatures of the petitioners 
attached, verified as to the authenticity of the signatures by the 
oath of the circulator that all of the signatures to the petition 
were made in the presence of the circulator and that to the best of 
the 
circulator's 
knowledge 
and 
belief 
each 
signature 
is 
the 
signature 
of 
the 
person 
whose 
name 
it purports 
to 
be, 
and 
accompanied by the certificate of the official authorized by law to 
maintain the voting list of the city, town or plantation in which 
the petitioners reside that their names appear on the voting list of 
the city, town or plantation of the official as qualified to vote 
for Governor. 
The oath of the circulator must be sworn to in the 
presence of a person authorized by law to administer oaths. 
Written 
peti tions for a people's veto pursuant to Article IV, Part Third, 
Section 17 must be submitted to the appropriate officials of cities, 
towns or plantations for determination of whether the petitioners 
are qualified voters by the hour of 5:00 p.m., on the 5th day before 
the petition must be filed in the office of the Secretary of State, 
or, if such 5th day is a Saturday, a Sunday or a legal holiday, by 
5:00 p.m., on the next day which is not a Saturday, a Sunday or a 
legal holiday. 
Wri tten petitions for a direct ini tiati ve pursuant 
to Article IV, 
Part Third, Section 18 must be submitted to the 
appropriate 
officials 
of 
cities, 
towns 
or 
plantations 
for 
determination of whether the petitioners are qualified voters by the 
hour of 5:00 p.m., on the 10th day before the petition must be filed 
in the office of the Secretary of State, or, if such 10th day is a 
Saturday, a Sunday or a legal holiday, by 5:00 p.m., on the next day 
which is not 
a 
Saturday, 
a 
Sunday or a 
legal holiday. 
Such 
officials must complete the certification of such petitions and must 
return them to the circulators or their agents within 2 days for a 
petition for a people's veto and within 5 days for a petition for a 
direct initiative, Saturdays, Sundays and legal holidays excepted, 
of the date on which such petitions were submitted to them. 
The 
petition shall set forth the full text of the measure requested or 
proposed. 
Petition forms shall be furnished or approved by the 
Secretary of State upon written application signed in the office of 
the Secretary of State by a resident of this State whose name must 
appear on the voting list of the city, town or plantation of that 
resident as qualified to vote for Governor. 
The full text of a 
measure submitted to a vote of the people under the provisions of 
the Constitution need not be printed on the official ballots, but, 
until otherwise provided by the Legislature, the Secretary of State 
shall prepare the ballots in such form as to present the question or 
questions concisely and intelligibly. 
CONSTITUTION OF MAINE 
Section 21. 
City council of any city may 
establish direct 
initiative and people's veto. 
The city council of any city may 
establish the direct ini tiati ve and people's veto for the electors 
of such city in regard to its municipal affairs, provided that the 
ordinance establishing and providing the method of exercising such 
direct ini tiati ve and people's veto shall not take effect until 
ratified by vote of a majority of the electors of said city, voting 
thereon at 
a 
municipal election. 
Provided, 
however, 
that the 
Legislature may at any time provide 
a 
uniform method 
for 
the 
exercise of the initiative and referendum in municipal affairs. 
Section 22. 
Election officers and officials, how governed. 
Until 
the Legislature shall enact further laws not inconsistent with the 
Consti tution for applying the people's veto and direct ini tiati ve, 
the election officers and other officials shall be governed by the 
provisions of this Constitution and of the general law, supplemented 
by 
such 
reasonable action as 
may 
be 
necessary to 
render 
the 
preceding sections selfexecuting. 
The Legislature may enact laws 
not inconsistent with the Constitution to establish procedures for 
determination of the validity of written petitions. 
Such laws shall 
include provision for judicial review of any determination, to be 
completed within 100 days from the date of filing of a written 
petition in the office of the Secretary of State. 
Section 23. 
Municipali ties reimbursed annually. 
The Legislature 
shall annually reimburse each municipality from state tax sources 
for not less than 50% of the property tax revenue loss suffered by 
that municipality during the previous calendar year because of the 
statutory property tax exemptions or credits enacted after April 1, 
1978. 
The Legislature shall enact appropriate legislation to carry 
out the intent of this section. 
This 
section shall 
statutory 
property 
minerals. 
allow, 
but 
not 
tax 
exemptions 
require, 
or 
credits 
CONSTITUTION OF MAINE 
reimbursement 
for 
for 
unextracted 
Article V. 
Part First. 
Executive Power. 
Section 1. 
Governor. 
The supreme executive power of this State 
shall be vested in a Governor. 
Section 2. 
Term of office; reelection eligibility. 
The Governor 
shall be elected by the qualified electors, 
and shall hold the 
office for 4 years from the first Wednesday after the first Tuesday 
of January next following the election and until the successor to 
the Governor has been duly elected and qualified. 
The person who 
has served 2 consecutive popular elective 4-year terms of office as 
Governor shall be ineligible to succeed himself or herself. 
Section 3. 
Election; votes to be returned to Secretary of State; 
Secretary of State to lay lists before the Senate and House of 
Representatives; 
provision in case of tie. 
The 
meetings 
for 
election of Governor shall be notified, held and regulated and votes 
shall be received, sorted, counted and declared and recorded, in the 
same manner as those for Senators and Representatives. 
Copies of 
lists of votes shall be sealed and returned to the secretary's 
office in the 
same manner 
and at the 
same 
time as those 
for 
Senators. 
The Secretary of State for the time being shall, on the 
first Wednesday after the first Tuesday of January then next, lay 
the lists returned to the secretary's office before the Senate and 
House of Representatives to be by them examined, together with the 
ballots cast if they so elect, and they shall determine the number 
of votes duly cast for the office of Governor, 
and in case of a 
choice by plurality of all of the votes returned they shall declare 
and publish the same. 
If there shall be a tie between the 2 persons 
having the largest number of votes for Governor, 
the House of 
Representati ves and the Senate meeting in j oint session, and each 
member of said bodies having a single vote, shall elect one of said 
persons having so received an equal number of votes and the person 
so elected by the Senate and House of Representatives shall be 
declared the Governor. 
Section 
4. 
Qualifications. 
The 
Governor 
shall, 
at 
the 
commencement of the Governor's term, be not less than 30 years of 
age; a citizen of the United States for at least 15 years, have been 
years a resident of the State; and at the time of election and 
during the term for which elected, be a resident of said State. 
Section 5. 
Disqualifications. 
No person holding any office or 
place under the United States, this State, or any other power, shall 
assume the office of Governor, nor shall any such person exercise 
the office of Governor except as provided by this Constitution. 
Section 6. 
Compensation. 
The Governor shall, at stated times, 
receive for services a compensation, which shall not be increased or 
diminished during the Governor's continuance in office. 
Section 7. 
Commander in chief. 
The Governor shall be commander in 
chief of the army and navy of the State, and of the militia, except 
when the same are called into the actual service of the United 
States. 
CONSTITUTION OF MAINE 
Section 8. 
To appoint officers. 
The Governor shall nominate, and, 
subj ect to confirmation as provided herein, appoint all judicial 
officers, except judges of probate and justices of the peace if 
their 
manner 
of 
selection is 
otherwise 
provided 
for 
by this 
Constitution or by law, and all other civil and military officers 
whose appointment is not by this Constitution, or shall not by law 
be otherwise provided for. 
Procedure for confirmation. 
The procedure for confirmation shall 
be as follows: 
an appropriate legislative committee comprised of 
members of both houses in reasonable proportion to their membership 
as 
provided by 
law shall 
recommend 
confirmation or denial 
by 
majority 
vote 
of 
committee 
members 
present 
and 
voting. 
The 
commi ttee recommendation shall be reviewed by the Senate and upon 
review shall become final action of confirmation or denial unless 
the Senate by vote of 2/3 of those members present and voting 
overrides the committee recommendation. 
The Senate vote shall be by 
the yeas and nays. 
Affirmative vote of 2/3 of members required. 
All statutes enacted 
to carry out the purposes of the second paragraph of this section 
shall require the affirmative vote of 2/3 of the members of each 
House present and voting. 
Governor or President of Senate may call Senate into session. 
Either the Governor or the President of the Senate shall have the 
power to call the Senate into session for the purpose of voting upon 
confirmation of appointments. 
Nomination by Governor made 7 days prior to appointment of nominee. 
Every nomination by the Governor shall be made 7 days at least prior 
to appointment of the nominee. 
Section 9. 
Governor shall 
the condition 
such measures, 
To give information and 
recommend measures. 
The 
from time to time give the Legislature information of 
of the State, and recommend to their consideration 
as the Governor may judge expedient. 
Section 10. 
May require information of any officer. 
The Governor 
may require information from any military officer, or any officer in 
the executive department, upon any subject relating to the duties of 
their respective offices. 
Section 11. 
Power to pardon and remit penalties, etc.; conditions. 
The 
Governor 
shall 
have 
power 
to 
remit 
after 
conviction all 
forfeitures and penalties, and to grant reprieves, commutations and 
pardons, except in cases of impeachment, upon such conditions, and 
with such restrictions and limitations as may be deemed proper, 
subject to such regulations as may be provided by law, relative to 
the manner of applying for pardons. 
Such power to grant reprieves, 
commutations 
and 
pardons 
shall 
include 
offenses 
of 
juvenile 
delinquency. 
Section 12. Shall enforce the laws. The Governor shall take care 
that the laws be faithfully executed. 
Section 13. 
Convene the Legislature on extraordinary occasions, 
and adjourn it in case of disagreement; may change the place of 
meeting. 
The Governor may, on extraordinary occasions, convene the 
CONSTITUTION OF MAINE 
Legislature; and in case of disagreement between the 2 Houses with 
respect to the time of adjournment, adjourn them to such time, as 
the Governor shall think proper, not beyond the day of the next 
regular session; and if, since the last adjournment, the place where 
the Legislature were next to convene shall have become dangerous 
from an enemy or contagious sickness, may direct the session to be 
held at some other convenient place within the State. 
Section 14. 
Vacancy, 
how 
supplied. 
Whenever the office of 
Governor shall become vacant because of the death, resignation or 
removal of a Governor in office, or any other cause, the President 
of the Senate shall assume the office of Governor until another 
Governor shall be duly qualified. 
When the vacancy occurs more than 
days preceding the date of the primary election for nominating 
candidates to be voted for at the biennial election next succeeding, 
the President of the Senate shall assume the office of Governor 
until 
the 
first 
Wednesday 
after the first 
Tuesday 
of 
January 
following 
the biennial election. 
At 
the biennial election, 
a 
Governor shall be elected to fill the unexpired term created by the 
vacancy. 
When the vacancy occurs less than 90 days preceding the 
date of a primary election the President of the Senate shall fill 
the unexpired term. 
Whenever the offices of Governor and President of the Senate are 
vacant at the same time, the Speaker of the House of Representatives 
shall assume the office of Governor for the same term and under the 
same conditions as the President of the Senate. 
Whenever the offices of Governor, 
President of the Senate and 
Speaker of the House of Representatives are vacant at the same time, 
the person acting as Secretary of State for the time being shall 
exercise the office of Governor and shall forthwith by proclamation 
convene the Senate and the House of Representatives which shall fill 
respecti vely the vacancies in the offices of the President of the 
Senate and the Speaker of the House, 
and by j oint ballot of the 
Senators and Representatives in convention choose a person who shall 
assume the office of Governor for the same term and under the same 
conditions as the President of the Senate. 
Mental or physical disability of the Governor continuously for more 
than 6 months. 
Whenever for 6 months a Governor in office shall 
have been continuously unable to discharge the powers and duties of 
that office because of mental or physical disability such office 
shall be deemed vacant. 
Such vacancy shall be declared by the 
Supreme Judicial Court upon presentment to it of a joint resolution 
declaring the ground of the vacancy, adopted by a vote of 2/3 of the 
Senators and Representatives in convention, and upon notice, hearing 
before the court and a decision by a maj ori ty of the court that 
ground exists for declaring the office to be vacant. 
Section 15. 
Temporary mental or physical disability of Governor. 
Whenever the Governor is unable to discharge the powers and duties 
of that office because 
of 
mental 
or physical disability, 
the 
President of the Senate, or if that office is vacant, the Speaker of 
the House of Representatives, shall exercise the powers and duties 
of the office of Governor until the Governor is again able to 
discharge the powers and duties of that office, or until the office 
of Governor is declared to be vacant or until another Governor shall 
be duly qualified. 
CONSTITUTION OF MAINE 
Whenever the Governor is unable to discharge the powers and duties 
of that office, the Governor may so certify to the Chief Justice of 
the Supreme Judicial Court, in which case and upon notice from the 
Chief Justice, the President of the Senate, or if that office is 
vacant, the Speaker of the House of Representatives, shall exercise 
the powers and duties of the office of Governor until such time as 
the Governor shall certify to the Chief Justice that the Governor is 
able to discharge such powers and duties and the Chief Justice shall 
so notify the officer who is exercising the powers and duties of the 
office of Governor. 
When the Secretary of State shall have reason to believe that the 
Governor is unable to discharge the duties of that office, 
the 
Secretary of State may so certify to the Supreme Judicial Court, 
declaring the reason for such belief. 
After notice to the Governor, 
a hearing before the court and a decision by a majority of the court 
that the Governor is unable to discharge the duties of the office of 
Governor, the court shall notify the President of the Senate, or if 
that office is vacant the Speaker of the House of Representatives, 
of such inability and that officer shall exercise the functions, 
powers and duties of the office of Governor until such time as the 
Secretary of State or the Governor shall certify to the court that 
the Governor is able to discharge the duties of the office of 
Governor and the court, after notice to the Governor and a hearing 
before the court, decides that the Governor is able to discharge the 
duties of that office and so notifies the officer who is exercising 
the powers and duties of the office of Governor. 
Whenever either the President of the Senate or Speaker of the House 
of Representatives 
shall exercise the 
office 
of 
Governor, 
the 
officer shall receive only the compensation of Governor, but the 
officer's duties as President or Speaker shall be suspended; and the 
Senate 
or 
House 
shall 
fill 
the 
vacancy 
resulting 
from 
such 
suspension, until the officer shall cease to exercise the office of 
Governor. 
CONSTITUTION OF MAINE 
Article V. 
Part Second. 
Secretary. 
Section 1. 
Election. 
The Secretary of State 
biennially at the first session of the Legislature, 
of the Senators and Representatives in convention. 
shall be chosen 
by j oint ballot 
Section I-A. 
Succession to the office of Secretary of State. 
If a 
vacancy occurs in the office of the Secretary of State, the first 
deputy secretary of state shall act as the Secretary of State until 
a 
Secretary of State is elected by the Legislature during the 
current session if in session, or at the next regular or special 
session. 
Section 2. 
Records of State; deputies. 
The records of the State 
shall be 
kept in the office of the secretary, 
who 
may appoint 
deputies to that office, for whose conduct the secretary shall be 
accountable. 
Section 3. 
Attend the Governor, Senate, and House. 
The Secretary 
of 
State 
shall 
attend 
the 
Governor, 
Senate 
and 
House 
of 
Representatives, in person or by the deputies of the Secretary of 
State as they shall respectively require. 
Section 4. 
Records of executive and legislative departments. 
The 
Secretary of State shall carefully keep and preserve the records of 
all the official acts and proceedings of the Governor, Senate and 
House of Representatives, and, 
when required, lay the same before 
either branch of the Legislature, and perform such other duties as 
are enjoined by this Constitution, or shall be required by law. 
CONSTITUTION OF MAINE 
Article V. 
Part Third. 
Treasurer. 
Section 1. 
Election. 
The Treasurer shall be chosen biennially, at 
the first session of the Legislature, 
by joint ballot of the 
Senators, and Representatives in convention. 
Section 1-A. 
Succession to the office of Treasurer. If a vacancy 
occurs in the office of Treasurer of State, the deputy treasurer of 
state shall act as the Treasurer of State until a Treasurer of State 
is elected by the Legislature during the current session if in 
session, or at the next regular or special session. 
Section 2. 
Bond. 
The Treasurer shall, before entering on the 
duties of that office, give bond to the State with sureties, to the 
satisfaction of the Legislature, for the faithful discharge of that 
trust. 
Section 3. 
Not to engage in trade. 
The Treasurer shall not, 
during the treasurer's continuance in office, engage in any business 
of trade or commerce, or as a broker, nor as an agent or factor for 
any merchant or trader. 
Section 4. 
No money drawn except upon appropriation or allocation. 
No money shall be drawn from the treasury, except in consequence of 
appropriations or allocations authorized by law. 
Section 5. 
Bonding regulations; prohibiting use of proceeds from 
sale of bonds to fund current expenditures. 
The Legislature shall 
enact general law prohibiting the use of proceeds from the sale of 
bonds 
to 
fund 
current 
expenditures 
and 
shall 
provide 
by 
appropriation for the payment of interest upon and installments of 
principal of all bonded debt created on behalf of the State as the 
same shall become due and payable. 
If at any time the Legislature 
shall fail to make any such appropriation, the Treasurer of State 
shall set apart from the first General Fund revenues thereafter 
recei ved a sum sufficient to pay such interest or installments of 
principal and shall so apply the moneys 
thus set apart. 
The 
Treasurer of State may be required to set apart and apply such 
revenues at the suit of any holder of such bonds. 
The prohibition 
on 
use 
of 
proceeds 
from 
the 
sale 
of 
bonds 
to 
fund 
current 
expenditures shall only apply to those bonds authorized on or after 
July 1, 1977. 
CONSTITUTION OF MAINE 
Article VI. 
Judicial Power. 
Section 1. 
Courts. 
The judicial power of this State shall be 
vested in a Supreme Judicial Court, and such other courts as the 
Legislature shall from time to time establish. 
Section 2. 
Compensation. 
The Justices of the Supreme Judicial 
Court and the Judges of other courts shall, at stated times receive 
a 
compensation, 
which 
shall 
not 
be 
diminished 
during 
their 
continuance in office; but they shall receive no other fee or reward 
for their services as Justices or Judges. 
Section 3. 
To gi ve opinion when required by Governor or either 
Branch of the Legislature. 
The Justices of the Supreme Judicial 
Court 
shall 
be 
obliged 
to 
give 
their 
opinion 
upon 
important 
questions of law, and upon solemn occasions, when required by the 
Governor, Senate or House of Representatives. 
Section 4. 
Tenure of judicial officers; 6-month holdover period. 
All judicial officers appointed by the Governor shall hold their 
offices for the term of 7 years from the time of their respective 
appointments (unless sooner removed by impeachment or by address of 
both branches of the Legislature to the executive, provided further 
that justices of the peace may be removed from office in such manner 
as the Legislature may provide); provided, however, that a judicial 
officer 
whose 
term 
of office has 
expired or 
who 
has 
reached 
mandatory retirement age, as provided by statute, may continue to 
hold office until the expiration of an additional period not to 
exceed 6 months or until the successor to the judicial officer is 
appointed, whichever occurs first in time. 
Section 5. 
Limitation on holding other office. 
No Justice of the 
Supreme Judicial Court or any other court shall hold office under 
the United States or any other state, nor under this State, except 
as justice of the peace or as member of the Judicial Council. 
Section 6. 
Judges and registers of probate, election and tenure; 
vacancies. 
Judges and registers of probate shall be elected by the 
people of their respective counties, by a plurality of the votes 
given in, at the biennial election on the Tuesday following the 
first Monday of November, and shall hold their offices for 4 years, 
commencing on the first day of January next after their election. 
Vacancies 
occurring 
in 
said offices 
by 
death, 
resignation 
or 
otherwise, shall be filled by election in manner aforesaid at the 
November election, next after their occurrence; and in the meantime, 
the Governor may fill said vacancies by appointment, and the persons 
so appointed shall hold their offices until the first day of January 
next after the election aforesaid. 
Note: 
Section 6 of Article VI has been repealed by Amendment which 
by virtue of Chapter 77 of the Resolves of the One Hundred and Third 
Legislature, 
1967 
"shall become effective at such time 
as the 
Legislature by proper enactment shall establish a different Probate 
Court system with full-time judges." 
CONSTITUTION OF MAINE 
Article VII. 
Military. 
Section 1. 
Officers, how appointed. 
All commissioned officers of 
the militia shall be appointed and commissioned by the Governor, 
from such persons as are qualified by law to hold such offices. 
Section 2. 
Qualifications and selection. 
The Legislature shall, 
by 
law, 
designate 
the 
qualifications 
necessary 
for 
holding 
a 
commission in the militia and shall prescribe the mode of selection 
of officers for the several grades. 
Section 3. 
Adjutant General. 
The 
Adj utant General shall be 
appointed by the Governor. 
But the Adj utant General shall also 
perform the duties of quartermaster general and paymaster general 
until otherwise directed by law. 
Section 4. 
Standard of organization, armament and discipline. 
The 
organization, 
armament and discipline of the militia and of the 
military and naval units thereof shall be the same as that which is 
now or may hereafter be prescribed by the laws and regulations of 
the United States; and it shall be the duty of the Governor to issue 
from time to time such orders and regulations and to adopt such 
other means of administration, 
as shall maintain the prescribed 
standard of organization, armament and discipline; and such orders, 
regulations and means adopted shall have the full force and effect 
of the law. 
Section 5. 
Persons exempt from military duty. 
Persons of the 
denominations 
of 
Quakers 
and 
Shakers, 
Justices 
of 
the 
Supreme 
Judicial Court, Ministers of the Gospel and persons exempted by the 
laws of the United States may be exempted from military duty, but no 
other able-bodied person of the age of 18 and under the age of 45 
years, excepting officers of the militia who have been honorably 
discharged, shall be so exempted. 
CONSTITUTION OF MAINE 
Article VIII. 
Part First. 
Education. 
Section 1. 
Legislature shall require towns to support public 
schools; duty of Legislature. 
A general diffusion of the advantages 
of education being essential to the preservation of the rights and 
liberties of the people; 
to promote this important object, 
the 
Legislature are authorized, and it shall be their duty to require, 
the several towns to make suitable provision, at their own expense, 
for the support and maintenance of public schools; and it shall 
further be their duty to encourage and suitably endow, from time to 
time, 
as 
the 
circumstances 
of 
the 
people 
may 
authorize, 
all 
academies, 
colleges and seminaries of learning wi thin the State; 
provided, that no donation, grant or endowment shall at any time be 
made by the Legislature to any literary institution now established, 
or which may hereafter be established, unless, at the time of making 
such endowment, the Legislature of the State shall have the right to 
grant any further powers to alter, limit or restrain any of the 
powers vested in any such literary institution, as shall be judged 
necessary to promote the best interests thereof. 
Section 2. 
Authority to pledge the credit of the State and to 
issue bonds for loans to Maine students in higher education and 
their parents. 
For the purpose of assisting the youth of Maine to 
achieve 
the 
required levels 
of 
learning 
and to develop their 
intellectual 
and mental 
capacities, 
the Legislature, 
by proper 
enactment, may authorize the credit of the State to be loaned to 
secure funds for loans to Maine students attending institutions of 
higher 
education, 
wherever 
situated, 
and 
to parents 
of 
these 
students. 
Funds shall be obtained by the issuance of state bonds, 
when authorized by the Governor, but the amount of bonds issued and 
outstanding 
shall 
not 
at 
one 
time 
exceed 
in 
the 
aggregate 
$4,000,000. 
Funds loaned shall be on such terms and conditions as 
the Legislature shall authorize. 
CONSTITUTION OF MAINE 
Section 1. 
inhabitants 
amend their 
or general 
Legislature 
may so act. 
Article VIII. 
Part Second. 
Municipal Home Rule. 
Power of municipalities to amend their charters. 
The 
of any municipality shall have the power to alter and 
charters on all matters, not prohibited by Constitution 
law, which are local and municipal in character. 
The 
shall prescribe the procedure by which the municipality 
Section 2. 
Construction of buildings for industrial use. 
For the 
purposes 
of 
fostering, 
encouraging 
and 
assisting 
the 
physical 
location, 
settlement 
and 
resettlement 
of 
industrial 
and 
manufacturing enterprises within the physical boundaries of any 
municipality, the registered voters of that municipality may, 
by 
majority vote, authorize the issuance of notes or bonds in the name 
of the municipality for the purpose of purchasing land and interests 
therein or constructing buildings for industrial use, to be leased 
or sold by the municipality to any responsible industrial firm or 
corporation. 
CONSTITUTION OF MAINE 
Article IX. 
General Provisions. 
Section 1. 
Oaths and subscriptions. 
Every person elected or 
appointed to either of the places or offices provided in this 
Constitution, and every person elected, appointed, or commissioned 
to any judicial, executive, military or other office under this 
State, shall, before entering on the discharge of the duties of that 
place 
or 
office, 
take 
and 
subscribe 
the 
following 
oath 
or 
affirmation: 
"I, 
do 
swear, 
that 
I 
will support the 
Constitution of the United States and of this State, so long as I 
shall continue a citizen thereof. 
So help me God." 
"I 
do swear, that I will faithfully discharge, to the best 
of 
my 
abilities, 
the 
duties 
incumbent 
on 
me 
as 
according to the Constitution and laws of the State. 
So help me 
God. " 
Alternative affirmation. 
Provided, 
that an affirmation in the 
above 
forms 
may 
be 
substituted, 
when 
the 
person 
shall 
be 
conscientiously scrupulous of taking and subscribing an oath. 
Administration of oaths to Governor, Senators, Representatives, and 
other officers. 
The 
oaths or affirmations shall be taken and 
subscribed by the Governor before the presiding officer of the 
Senate, in the presence of both Houses of the Legislature, and by 
the Senators and Representatives before the Governor, 
and by the 
residue of said officers before such persons as shall be prescribed 
by the Legislature; and whenever the Governor shall not be able to 
attend during the session of the Legislature to take and subscribe 
said oaths or affirmations, such oaths or affirmations may be taken 
and subscribed in the recess of the Legislature before any Justice 
of the Supreme Judicial Court and provided further that, if the 
Governor shall be unable to appear and administer the oath to the 
Senators and Representatives, such oaths shall be administered by 
the Chief Justice of the Supreme Judicial Court or in the absence of 
the Chief Justice, by the senior Associate Justice of said Supreme 
Judicial Court present at the State Capitol on the first day of the 
term for which said Senators and Representatives shall have been 
elected. 
Section 2. 
Offices incompatible with each other; election to 
Congress disqualifies. 
No person holding the office of Justice of 
the Supreme Judicial Court, 
or of any inferior court, 
Attorney 
General, 
district 
attorney, 
Treasurer 
of 
the 
State, 
Adjutant 
General, judge of probate, register of probate, register of deeds, 
sheriffs or their deputies, clerks of the judicial courts, shall be 
a member of the Legislature; and any person holding either of the 
foregoing offices, elected to, and accepting a seat in the Congress 
of the United States, shall thereby vacate said office; 
and no 
person shall be capable of holding or exercising at the same time 
within this State, more than one of the offices before mentioned. 
Section 3. Commissions. All commissions shall be in the name of the 
State, signed by the Governor, attested by the Secretary or a deputy 
of the Secretary and have the seal of the State thereto affixed. 
CONSTITUTION OF MAINE 
Section 4. 
Elections on the first Wednesday after first Tuesday of 
January may be adjourned from day to day. 
In case the elections, 
required by this Constitution on the first Wednesday after the first 
Tuesday of January biennially, by the 2 Houses of the Legislature, 
shall not be completed on that day, the same may be adjourned from 
day to day, until completed, in the following order: 
The vacancies 
in the Senate shall first be filled; and the Governor shall then be 
elected, if there be no choice by the people. 
Section 5. 
Removal by impeachment or address. 
Every person 
holding any civil office under this State, 
may 
be 
removed by 
impeachment, for misdemeanor in office; and every person holding any 
office, 
may be removed by the Governor on the address of both 
branches of the Legislature. 
But before such address shall pass 
either House, the causes of removal shall be stated and entered on 
the journal of the House in which it originated, and a copy thereof 
served on the person in office, that the person may be admitted to a 
hearing in that person's own defense. 
Section 6. 
Tenure of office. 
not or shall not be otherwise 
pleasure of the Governor. 
The tenure of all offices, which are 
provided for, shall be during the 
Section 7. 
on estates, 
years. 
Valuation. 
While the public expenses shall be assessed 
a general valuation shall be taken at least once in 10 
Section 8. 
Taxation. 
All taxes upon real and personal estate, 
assessed by authority of this State, 
shall be apportioned and 
assessed equally according to the just value thereof. 
1. 
Intangible property. 
The Legislature shall have power to levy 
a tax upon intangible personal property at such rate as it deems 
wise and equitable without regard to the rate applied to other 
classes of property. 
2. 
Assessment of certain lands based on current use; penalty on 
change to higher use. 
The Legislature shall have power to provide 
for the assessment of the following types of real estate whenever 
situated in accordance with a valuation based upon the current use 
thereof and in accordance with such conditions as the Legislature 
may enact: 
A. 
Farms and agricultural lands, timberlands and woodlands; 
B. 
Open space lands which are used for recreation or the 
enjoyment of scenic natural beauty; and 
C. 
Lands used for game management or wildlife sanctuaries. 
In implementing paragraphs 
A, 
Band C, 
the Legislature shall 
provide that any change of use higher than those set forth in 
paragraphs A, Band C, 
except when the change is occasioned by a 
transfer resulting from the exercise or threatened exercise of the 
power of eminent domain, shall result in the imposition of a minimum 
penalty equal to the tax which would have been imposed over the 5 
years preceding that change 
of use 
had that real estate been 
assessed at its highest and best use, less all taxes paid on that 
real estate over the preceding 5 years, 
and interest, 
upon such 
reasonable and equitable basis as the Legislature shall determine. 
CONSTITUTION OF MAINE 
Any statutory or constitutional penalty imposed as a result of a 
change of use, whether imposed before or after the approval of this 
subsection, shall be determined without regard to the presence of 
minerals, 
provided that, 
when payment of the penalty is made or 
demanded, whichever occurs first, there is in effect a state excise 
tax which applies or would apply to the mining of those minerals. 
3. 
School districts. 
The Legislature shall have power to provide 
that taxes, which it may authorize a School Administrative District 
or a community school district to levy, may be assessed on real, 
personal and intangible property in accordance with any cost-sharing 
formula which it may authorize. 
4. 
Watercraft. 
Beginning with the property tax year 1984, all 
watercraft 
as 
defined by the Legislature shall be 
exempt 
from 
taxation as personal property, provided that certain watercraft as 
defined by the Legislature shall be subject to an excise tax to be 
collected and retained by the municipalities. 
5. 
Historic and scenic preservation. 
The Legislature shall have 
the power to provide that municipalities may reduce taxes on real 
property if the property owner agrees to maintain the property 
in 
accordance with criteria adopted by the governing legislative body 
of the municipality to maintain the historic integrity of important 
structures 
or to provide 
scenic 
view 
easements 
of significant 
vistas. 
Section 9. 
Power of taxation. 
The Legislature shall never, in any 
manner, suspend or surrender the power of taxation. 
Section 10. 
Tenure of sheriffs. 
Sheriffs shall be elected by the 
people of their respective counties, by a plurality of the votes 
given in on the Tuesday following the first Monday of November, and 
shall hold their offices for 4 years from the first day of January 
next after their election, 
unless sooner removed as hereinafter 
provided. 
Removal of sheriffs from office and replacement. 
Whenever the 
Governor upon complaint, due notice and hearing shall find that a 
sheriff is not faithfully or efficiently performing any duty imposed 
upon the sheriff by law, the Governor may remove such sheriff from 
office and appoint another sheriff to serve for the remainder of the 
term for which such removed sheriff was elected. 
All vacancies in 
the office of sheriff, other than those caused by removal in the 
manner aforesaid shall be filled in the same manner as is provided 
in the case of judges and registers of probate. 
Section 11. 
Attorney General. 
The Attorney General shall be 
chosen 
biennially 
by 
joint 
ballot 
of 
the 
Senators 
and 
Representati ves in convention. 
Vacancy in said office occurring 
when the Legislature is not in session, may be filled by appointment 
by the 
Governor, 
subject to 
confirmation as 
required by this 
Constitution for Justices of the Supreme Judicial Court. 
Section 
12. 
Voting districts. 
The 
Legislature 
may 
by 
law 
authorize the dividing of towns into voting districts for all state 
and national elections, and prescribe the manner in which the votes 
shall be received, counted, and the result of the election declared. 
CONSTITUTION OF MAINE 
Section 13. 
Bribery at elections. 
The Legislature may enact laws 
excluding from the right of suffrage, for a term not exceeding 10 
years, all persons convicted of bribery at any election, 
or of 
voting at any election, under the influence of a bribe. 
Section 14. 
Authori ty and procedure for issuance of bonds. 
The 
credi t 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 or special 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 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% 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 1% of the total 
valuation of the State of Maine, whichever is the lesser. 
Section 
14-A. 
Authority 
to 
insure industrial, 
manufacturing, 
fishing, 
and agricultural mortgage loans. 
For the purposes of 
fostering, 
encouraging 
and 
assisting 
the 
physical 
location, 
settlement and resettlement of industrial, manufacturing, fishing, 
agricultural and recreational enterprises within the State, 
the 
CONSTITUTION OF MAINE 
Legislature by proper enactment may insure the payment of mortgage 
loans on real estate and personal property within the State of such 
industrial, manufacturing, 
fishing, 
agricultural and recreational 
enterprises not exceeding in the aggregate $90,000,000 in amount at 
anyone time and may also appropriate moneys and authorize the 
issuance of bonds on behalf of the State at such times and in such 
amounts as it may determine to make payments insured as aforesaid. 
For the purposes of this section, a documented fishing vessel or a 
vessel registered under state law shall be construed as real estate. 
Section 14-B. 
Authority to insure revenue bonds of the Maine 
School Building Authority. 
In order to encourage and assist in the 
provision and construction of public school buildings in the State, 
the Legislature by proper enactment may 
insure the payment 
of 
revenue bonds of the Maine School Building Authority on school 
projects within the State not exceeding in the aggregate $6,000,000 
in amount at anyone time and may also appropriate moneys and 
authorize the issuance of bonds on behalf of the State at such times 
and in such amounts as it may determine to make payments insured as 
aforesaid. 
Section 14-C. 
Authority to insure mortgage loans for 
Indian 
housing. 
For 
the 
purpose 
of 
fostering 
and 
encouraging 
the 
acquisition, construction, repair and remodeling of houses owned or 
to be owned by members of the 2 tribes on the several Indian 
reservations, 
the Legislature by proper enactment may insure the 
payment of mortgage loans on such houses not exceeding in the 
aggregate 
$1,000,000 
in 
amount 
at anyone time 
and 
may 
also 
appropriate moneys and authorize the issuance of bonds on behalf of 
the State at such times and in such amounts as it may determine to 
make payments insured as aforesaid. 
Section 14-D. 
Authority to insure Maine veterans' mortgage loans, 
and to appropriate moneys and issue bonds for the payment of same. 
For the purposes of recognizing the services and sacrifices of 
Maine's men 
and women 
who 
have served their state and country 
through honorable service in the Armed Forces of the United States 
in time of war or national emergency; enlarging the opportunities 
for employment of Maine's veterans; insuring the preservation and 
betterment of the economy of the State of Maine; and stimulating the 
flow 
of 
private 
investment 
funds 
to 
Maine's 
veterans, 
the 
Legislature by proper 
enactment 
may 
insure the payment of any 
mortgage loan to resident Maine veterans of the Armed Forces of the 
Uni ted States, including a business organization owned in whole or 
in part by a resident Maine veteran, when such loans are made in 
connection with such legitimate purposes and under such terms and 
conditions as the Legislature may determine, not exceeding in the 
aggregate 
$4,000,000 
in 
amount at anyone time 
and 
may 
also 
appropriate moneys and authorize the issuance of bonds on behalf of 
the State at such times and in such amounts as it may determine to 
make payments insured as aforesaid. 
Section 15. 
Municipal borrowing regulated by Legislature through 
general law. 
The Legislature shall enact general law regulating the 
total borrowing capacity of municipal corporations. 
Section 16. 
Seat of government. 
Augusta is hereby declared to be 
the seat of government of this State. 
CONSTITUTION OF MAINE 
Section 17. 
Continui ty of Government in case of enemy attack. 
Notwithstanding 
any 
general 
or 
special 
provision 
of 
this 
Constitution, 
the Legislature, 
in order to insure continuity of 
state and local governmental operations in periods of emergency 
resulting from disasters caused by enemy attack, shall have the 
power and the immediate duty to provide for prompt and temporary 
succession to the powers and duties of public offices, of whatever 
nature and whether filled by election or appointment, the incumbents 
of which may become unavailable for carrying on the powers and 
duties of such offices, and to adopt such other measures as may be 
necessary and proper for insuring the continuity of governmental 
operations including but not limited to the financing thereof. 
In 
the exercise of the powers hereby conferred the Legislature shall in 
all respects conform to the requirements of this Constitution except 
to the extent that in the judgment of the Legislature so to do would 
be impracticable or would admit of undue delay. 
Section 18. 
Limitation on use of funds of Maine State Retirement 
System. 
All of the assets, and proceeds or income therefrom, of the 
Maine State Retirement 
System or any successor system and all 
contributions 
and 
payments 
made 
to 
the 
system to provide 
for 
retirement and related benefits shall be held, invested or disbursed 
as in trust for the exclusive purpose of providing for such benefits 
and shall not be encumbered for, or diverted to, other purposes. 
Funds appropriated by the Legislature for the Maine State Retirement 
System are assets 
of the 
system 
and 
may 
not 
be 
diverted or 
deappropriated by any subsequent action. 
Section 18-A. 
Funding of retirement benefits under the Maine State 
Retirement System. 
Beginning with the fiscal year starting July 1, 
1997, 
the normal cost of all retirement and ancillary benefits 
provided to participants under the Maine State Retirement System 
must be funded annually on an actuarially sound basis. 
Unfunded 
liabilities 
may 
not 
be 
created 
except 
those 
resulting 
from 
experience losses. 
Unfunded liability resulting from experience 
losses must be retired over a period not exceeding 10 years. 
Section 18-B. 
Payment of unfunded liabilities of the Maine State 
Retirement System. 
Each fiscal year beginning with the fiscal year 
starting July 1, 1997, the Legislature shall appropriate funds that 
will retire in 31 years or less the unfunded liabilities of the 
Maine 
State 
Retirement 
System 
that 
are 
attributable 
to 
state 
employees and teachers. 
The unfunded liabilities referred to in 
this section are those determined by the Maine State Retirement 
System's actuaries and certified by the Board of Trustees of the 
Maine State Retirement System as of June 30, 1996. 
Section 19. 
Limitation on expenditure of motor vehicle and motor 
vehicle fuel revenues. 
All revenues derived from fees, excises and 
license 
taxes 
relating 
to 
registration, 
operation 
and 
use 
of 
vehicles on public highways, and to fuels used for propulsion of 
such vehicles shall be expended solely for cost of administration, 
statutory refunds and adjustments, payment of debts and liabilities 
incurred in construction and reconstruction of highways and bridges, 
the cost of construction, reconstruction, maintenance and repair of 
public highways and bridges under the direction and supervision of a 
state department having jurisdiction over such highways and bridges 
and expense for state enforcement of traffic laws and shall not be 
diverted for any purpose, provided that these limitations shall not 
CONSTITUTION OF MAINE 
apply to revenue from an excise tax on motor vehicles imposed in 
lieu of personal property tax. 
Section 20. 
~ning Excise Tax Trust Fund. 
The principal amount of 
the Mining Excise Tax Trust Fund or any successor fund may not be 
expended unless the expenditure is approved in a separate measure by 
a 
2/3 
vote 
of all the members 
elected to each 
House 
of the 
Legislature and by the Governor. 
Section 21. 
State mandates. 
For the purpose of more fairly 
apportioning the cost of government and providing local property tax 
relief, the State may not require a local unit of government to 
expand or modify that unit's activities 
so 
as 
to necessitate 
additional 
expenditures 
from 
local 
revenues 
unless 
the 
State 
provides annually 90% of the funding for these expenditures from 
State 
funds 
not previously appropriated to that local unit of 
government. 
Legislation implementing this section or requiring a 
specific expenditure as an exception to this requirement may be 
enacted upon the vote of 2/3 of all members elected to each House. 
This section must be liberally construed. 
Section 
22. 
Revenues 
generated 
by 
fisheries 
and 
wildlife 
management. 
The amount of funds appropriated in any fiscal year to 
the Department of Inland Fisheries and Wildlife, or any successor 
agency responsible for fisheries and wildlife management, other than 
commercial marine fisheries management, 
may not be less than the 
total revenues collected, received or recovered by the Department of 
Inland Fisheries and Wildlife, or successor agency, from license and 
permit fees, fines, the sale, lease or rental of property, penalties 
and all other revenue sources pursuant to the laws of the State 
administered by the department or successor agency, 
except that 
revenues received from the Federal Government may be allocated as 
provided by federal or state law and the Legislature may establish 
special funds and deposit revenues collected, received or recovered 
by the department or successor agency into those special funds, 
provided that the revenues are allocated and expended only for the 
purposes of those special funds as provided by law. 
Sec. 23. 
State park land. 
State park land, public lots or other 
real estate held by 
the State 
for 
conservation or recreation 
purposes and designated by legislation implementing this section may 
not be reduced or its uses substantially altered except on the vote 
of 2/3 of all the members elected to each House. 
The proceeds from 
the sale of such land must be used to purchase additional real 
estate in the same county for the same purposes. 
CONSTITUTION OF MAINE 
Article x. 
Additional Provisions. 
Section 1. 
(See Section 7 and Note.) 
Section 2. 
(See Section 7 and Note.) 
Section 3. 
Laws now in force continue until repealed. 
All laws 
now in force in this State, and not repugnant to this Constitution, 
shall remain, 
and be in force, until altered or repealed by the 
Legislature, or shall expire by their own limitation. 
Section 4. Amendments to Constitution. 
The Legislature, 
~lhenever 
2/3 of both Houses shall deem it necessary, may propose amendments 
to this Constitution; and when any amendments shall be so agreed 
upon, a resolution shall be passed and sent to the selectmen of the 
several 
towns, 
and 
the 
assessors 
of 
the 
several plantations, 
empowering and directing them to notify the inhabitants of their 
respective towns and plantations, in the manner prescribed by law, 
at the next biennial meetings in the month of November, or to meet 
in the manner prescribed by law for calling and holding biennial 
meetings of said inhabitants for the election of Senators and 
Representatives, 
on 
the 
Tuesday 
following the first 
Monday 
of 
November following the passage of said resolve, to give in their 
votes on the question, whether such amendment shall be made; and if 
it shall appear that a majority of the inhabitants voting on the 
question are in favor of such amendment, it shall become a part of 
this Constitution. 
Section 5. 
(See Section 7 and Note.) 
Section 6. 
Consti tution to be arranged by Chief Justice of the 
Supreme Judicial Court; Constitution to be enrolled and printed with 
laws; supreme law of the State. 
The Chief Justice of the Supreme 
Judicial Court shall arrange the Constitution, as amended, 
under 
appropriate titles and in proper articles, parts and sections, 
omitting all sections, clauses and words not in force and making no 
other changes in the provisions or language thereof, 
and shall 
submit the same to the Legislature; and such arrangement of the 
Constitution shall be made and submitted to the regular session of 
the Legislature in 1973 and every 10 years thereafter unless sooner 
authorized by the Legislature; and the draft and arrangement, when 
approved by the Legislature, shall be enrolled on parchment and 
deposi ted in the office of the Secretary of State; and printed 
copies thereof shall be prefixed to the books containing the Revised 
Statutes of the State. 
And the Constitution, with the amendments 
made thereto, in accordance with the provisions thereof, shall be 
the supreme law of the State. 
Section 7. 
Original sections 1, 2, 5, of art. x not to be printed; 
section 5 in full force. 
Sections 1, 2 and 5, of Article 10 of the 
Constitution, 
shall hereafter be omitted in any printed copies 
thereof prefixed to the laws of the State; but this shall not impair 
the validity of acts under those sections; and said section 5 shall 
remain in full force, as part of the Constitution, according to the 
stipulations of said section, with the same effect as if contained 
in said printed copies. 
CONSTITUTION OF MAINE 
Note: 
The omitted sections may be 
found in the text of the 
Constitution prefixed to the official publication of the laws passed 
by the first Legislature of the State, which convened May 31, 1820, 
pages 
xxiv-xxvll, 
and 
pages 
xxviii-xxxi; 
in 
the 
text 
of 
the 
Constitution prefixed to the publication of the Laws 
of Maine, 
authorized by Resolve of March 8, 1821, Volume 1, pages 41-50, and 
in such text prefixed to the Revised Statutes of 1841, 
1857 and 
187l. 
CONSTITUTION OF MAINE