Maine Legislature, Session 122, LD 1099
Committee: Legal and Veterans Affairs
Sponsors: SAVIELLO, PERRY, BISHOP, BROWNE, DAIGLE, DUCHESNE, FLETCHER, SHERMAN, STEDMAN, THOMPSON

Legislative Document 
No. 1099 
H.P.752 
House of Representatives, March 1,2005 
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Ensure Statewide Participation in Initiating a 
Referendum by Requiring 10% of the Total Vote by County 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative SAVIELLO of Wilton. 
Cosponsored by Senator PERRY of Penobscot and 
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1I1.1l/p£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BISHOP of Boothbay, BROWNE of Vassalboro, DAIGLE of Arundel, 
DUCHESNE of Hudson, FLETCHER of Winslow, SHERMAN of Hodgdon, STEDMAN of 
Hartland, THOMPSON of China. 
Printed on recycled paper 
Constitutional amendment. 
Resolved: 
Two 
thirds 
branch 
of 
the 
Legislature 
concurring, 
that 
the 
amendment to the Constitution of Maine be proposed: 
of 
each 
following 
Constitution, Art. IV. Pt. Third. §17. sub-§l is amended to read: 
1. 
Peti tion procedure; petition for peop1e' s 
veto. 
Upon 
written petition of electors, the number of which in each county 
shall not be less than 10% of the total vote for Governor cast in 
that county 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 
majority of the electors voting thereon at a statewide or general 
election. 
Constitution, Art. IV. Pt. Third. §18. sub-§2 is amended to read: 
2. 
Referra1 to e1ectors un1ess enacted by the Legis1ature 
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 in each county shall not be less than 10q.o of the 
total 
vote 
for 
Governor 
cast 
in 
that 
county 
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 reject both. 
When 
there are competing bills and neither 
receives a majority 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 60 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 
Page l-LR1066(1) 
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. 
and be it further 
Constitutional referendum procedure: form of question; effective 
date. Resolved: 
That the municipal officers of this State shall 
notify the inhabitants of their respective cities, 
towns 
and 
plantations to meet, in the manner prescribed by law for holding 
a 
statewide election, at a 
statewide election, on the Tuesday 
following the first Monday of November following the passage of 
this resolution, to vote upon the ratification of the amendment 
proposed in this resolution by voting upon the following question: 
"Do you favor amending the Constitution of Maine to change 
the 
required 
percentage 
of 
signatures 
on 
the 
written 
peti tion of electors to loob of the total vote for Governor 
cast in each county in the last gubernatorial election for 
people's veto and direct initiative of legislation?" 
The legal voters of each city, 
town and plantation shall 
vote by ballot on this question and designate their choice by a 
cross or check mark placed within the corresponding square below 
the word "Yes" or "No." 
The ballots must be received, sorted, 
counted and declared in open ward, town and plantation meetings 
and returns made to the Secretary of State in the same manner as 
votes for members of the Legislature. 
The Governor shall review 
the returns and. if it appears that a majority of the legal votes 
are cast in favor of the amendment, the Governor shall proclaim 
.12 
that fact without delay and the amendment becomes part of the 
Constitution of Maine on the date of the proclamation; and be it 
.14 
further 
Secretary of State shall prepare ballots. Resolved: 
That 
the 
Secretary of State shall prepare and furnish to each city, town 
and plantation all ballots. returns and copies of this resolution 
necessary to carry out the purposes of this referendum. 
SUMMARY 
This 
constitutional 
resolution 
changes 
the 
required 
percentage of signatures on the written petition of electors to 
10°" of the total vote for Governor cast in each county in the 
last 
gubernatorial 
election 
for 
people's 
veto 
and 
direct 
initiative of legiSlation.