Resolve, To Establish a Study Commission To Study Methods To Improve Ballot Access (AFTER DEADLINE)
Maine Legislature, Session 122, LD 1608
Committee: Legal and Veterans Affairs
Sponsors: GAGNON, PATRICK

Legislative Document 
No. 1608 
S.P.590 
In Senate, April 28, 2005 
Resolve, To Establish a Study Commission To Study Methods To 
Improve Ballot Access 
(AFTER DEADLINE) 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 205. 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Senator GAGNON of Kennebec. 
Cosponsored by Representative PATRICK of Rumford. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Emergency preamble. 
Whereas, acts 
Legislature 
do 
not 
become 
effective 
adjournment unless enacted as emergencies; 
and 
resolves 
of 
the 
until 
days 
after 
and 
Whereas, this 
legislation establishes 
the 
Commission 
To 
Study Methods To Improve Ballot Access; and 
Whereas, 
the study must 
be initiated before 
the 
90-day 
period expires in order that the study may be completed and a 
report submitted in time for submission to the next legislative 
session; and 
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. Commission established. Resolved: 
That the Commission 
To Study Methods To Improve Ballot .b.ccess, referred to in this 
resolve as "the commission," is established: and be it further 
Sec. 2. Commission membership. Resolved: 
That the commission 
consists of 15 members appointed as follows: 
1. 
Four members of the Senate, appointed 
of the Senate. 
When making the appointments, 
the 
Senate shall give preference 
to 
members 
Standing Committee on Legal and Veterans Affairs: 
by the President 
the President of 
from 
the 
Joint 
2. 
Four members of the House of Representatives, appointed 
by the Speaker of the House of Representatives. 
When making the 
appointments, the Speaker of the House of Representatives shall 
give preference to members from the Joint Standing Committee on 
Legal and Veterans Affairs; 
3. 
A 
representative 
of 
the 
Maine 
Democratic 
Party, 
appointed by the President of the Senate: 
4. 
A 
representative 
of 
the 
Maine 
Republican 
Party, 
appointed by the Speaker of the House; 
5. 
A representative of the Maine Green Independent Party, 
appointed by the President of the Senate; 
6. 
A representative of the Libertarian Party of Maine, 
appointed by the Speaker of the House; 
Page I-LR2319(1) 
" 
7. 
A representative of the American Reform Party of Maine, 
appointed by the President of the Senate; 
8. 
A representative of the Constitution Party of Maine, 
appointed by the Speaker of the House; and 
9. 
The Secretary of State, or a designee; and be it further 
Sec. 3. Chairs. Resolved: 
That the first-named Senate member 
is the Senate chair of the commission and the first-named House 
of Representatives member is the House chair of the commission; 
and be it further 
Sec. 4. Appointments; convening of commission. Resolved: 
That 
all appointments must be made no later than 30 days following the 
effective date of this resolve. 
The appointing authorities shall 
notify the Executive Director of the Legislative Council once all 
appointments 
have 
been 
completed. 
Within 
days 
after 
appointment of all members, the chairs shall call and convene the 
first meeting of the commission, 
which must be no later than 
August 1, 2005; and be it further 
Sec. 5. Duties. Resolved: 
That the commission shall examine 
proposals to improve ballot access, including, but not limited to: 
1. 
The 
institution of 
an 
"instant 
run-off" 
method 
of 
determining the winners of elections, which simulates the ballot 
counts that would occur if all voters participated in a series of 
run-off elections and allows a voter to rank candidates according 
to that voter's preferences; 
2. 
The implementation of "fusion voting," which authorizes 
cross-endorsement 
or 
the 
practice 
of 
multiple 
parties 
or 
political designations nominating the same candidate; and 
3. 
Facilitating the formation of minor political parties; 
and be it further 
Sec. 6. Staff assistance. Resolved: 
That the Legislative Council 
shall provide necessary staffing services to the commission; and 
be it further 
Sec. 7. Compensation. Resolved: 
That the legislative members 
of the commission are entitled to receive the legislative per 
diem, as defined in the Maine Revised Statutes, Title 3, section 
2, 
and 
reimbursement for travel and other necessary expenses 
related 
to 
their 
attendance 
at 
authorized 
meetings 
of 
the 
commission. 
Public members not otherwise compensated by their 
employers 
or 
other 
entities 
that 
they 
represent 
are 
entitled to receive reimbursement of necessary expenses and, upon 
a demonstration of financial hardship, a per diem equal to the 
legislative per diem for their attendance at authorized meetings 
of the commission; and be it further 
Sec. 8. Report. Resolved: 
That, 
no later than December 7, 
2005, 
the commission shall submit a 
report that includes its 
findings 
and 
recommendations, 
including suggested legislation, 
for presentation to the Second Regular Session of the 
l22nd 
Legislature. 
The 
commission 
is 
authorized 
to 
introduce 
legislation related to its report to the Second Regular Session 
of the 122nd Legislature at the time of submission of its report; 
and be it further 
Sec. 9. Extension. Resolved: 
That, if the commission requires 
a limited extension of time to complete its study and make its 
report, it may apply to the Legislative Council, which may grant 
an extension; and be it further 
Sec. 10. Commission budget. Resolved: 
That the chairs of the 
commission, 
with assistance 
from 
the 
commission staff, 
shall 
administer the commission' s 
budget. 
Within 10 days after its 
first meeting, 
the commission shall present a 
work plan and 
proposed budget to the Legislative Council for its approval. 
The 
commission may 
not 
incur 
expenses 
that would 
result in the 
commission' s exceeding its approved budget. 
Upon request from 
the commission, the Executive Director of the Legislative Council 
shall promptly provide the commission chairs and staff with a 
status report on the commission budget, expenditures incurred and 
paid and available funds. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this resolve takes effect when approved. 
SUMMARY 
This resolve authorizes the establishment of the Commission 
To Study Methods To Improve Ballot Access.