Maine Legislature, Session 122, LD 0440
Committee: State and Local Government
Sponsors: JOY, DAVIS, ANNIS, CARR, SA VIELLO, SHERMAN, STEDMAN, THOMAS, VAUGHAN

Legislative Document 
No. 440 
H.P.325 
House of Representati ves, January 27, 2005 
RESOLUTION, To Amend the Constitution of Maine To Change 
the Number of Senators to 2 from Each County 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative JOY of Crystal. 
Cosponsored by Senator DAVIS of Piscataquis and 
!r/~ 
111.7l/tu~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: ANNIS of Dover-Foxcroft, CARR of Lincoln, McFADDEN of Dennysville, 
SA VIELLO of Wilton, SHERMAN of Hodgdon, STEDMAN of Hartland, THOMAS of 
Ripley, VAUGHAN of Durham. 
Printed on recycled paper 
Constitutional amendment. 
Resolved: 
Two 
thirds 
branch 
of 
the 
Legislature 
concurring, 
that 
the 
amendment to the Constitution of Maine be proposed: 
Constitution, Art. IT, §4 i's amended to read: 
of 
each 
following 
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 ~eFeveF except 
as provided in this Section. 
Beginning with the general election 
held in 2006, 
the election of Senators 
and the 
e*e8~ie~--e€ 
Governor shall be on the Tuesday following the first Monday of 
November every 4 years, except that the term of a Senator from an 
odd-numbered legislative district remains as a 2-year term until 
2008, after which time the election of all Senators must be held 
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. 
Constitution, Art. IV, Pt. Second, §1 is amended to read: 
Section 1. 
Number of Senators. 
The Senate shall consist of 
aB-eaa-~HffiaeF-e~ ~ Senators, Re~-Je66-~~~~~-~r&-~aaB-~§T 
elected a~-~he-~~ffi€-~~~~~~--~~-~Fffi-a&-~eFFeseR~a~ives 
as provided in Article II, Section 4 by the qualified electors of 
the districts into which the State shall be from time to time 
divided. 
Constitution, Art. IV, Pt. Second, §2 is amended to read: 
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 ±9g~ 2009 
aBa-e¥~~-~~~-~~-~ae~ea€~e~ shall eaQse reapportion the State 
~e-~-a~v~aea-~~~-Gi&~Fie~&-~~--~a&-€he~€e-~~-a-~~--€~em 
ea8h-~~~~~£~~-~~-~ae-6~me-~~-a&-FFeviaea-~~~~~~~-IVT 
PaF~--~~~~~~--~~--b--~eF--~~~~--~~--~eF~eseR~a~~ve 
~~s~~~e~s so that the Senate districts coincide with the counties 
of the State. 
The voters of each county shall vote for 
Senators. 
The apportionment plan of the commission established under 
Article IV, Part Third, Section I-A shall be submitted to the 
Secretary of the Senate 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 
Page l-LR0943(1) 
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 
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 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. 
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 reduce 
the size of the Senate from no more than 35 members to 32 
members, 
effective in the year 
2006, 
and to reapportion 
Senatorial Districts to coincide with the counties of the 
State?" 
The legal voters of each city, town and plantation shall 
vote by ballot on this question and designate their choice by a 
cross or check mark placed within the corresponding square below 
the word "Yes" or "No." 
The ballots must be received, sorted, 
counted and declared in open ward, town and plantation meetings 
and returns made to the Secretary of State in the same manner as 
votes for members of the Legislature. 
The Governor shall review 
the returns and, if it appears that a majority of the legal votes 
are cast in favor of the amendment, the Governor shall proclaim 
that fact without delay and the amendment becomes part of the 
Constitution of Maine on the date of the proclamation; and be it 
further 
Secretary of State shall prepare ballots. Resolved: 
That 
the 
Secretary of State shall prepare and furnish to each city, town 
and plantation all ballots, returns and copies of this resolution 
necessary to carry out the purposes of this referendum. 
SUMMARY 
This resolution amends the Constitution to reduce the size 
of the Senate from no more than 35 members to 32 members. 
The 
redrawing of district lines occurs during the regularly scheduled 
redistricting following the decennial census. 
The redistricting 
will be done in 2009.