Maine Legislature, Session 122, LD 1111
Committee: Legal and Veterans Affairs
Sponsors: PARADIS, MAYO, COLLINS, CUMMINGS, DAVIS, DUPLESSIE, HOTHAM, PILON, PINGREE, RICHARDSON

Legislative Document 
No.UU 
H.P.764 
House of Representatives, March 1,2005 
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Provide 4-year Terms for Senators and Representatives 
and To Increase Term Limits to 12 Years 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative PARADIS of Frenchville. 
Cosponsored by Senator MAYO of Sagadahoc and 
7Jl~ 
1I1.71!dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: COLLINS of Wells, CUMMINGS of Portland, DAVIS of Falmouth, 
DUPLESSIE of Westbrook, HOTHAM of Dixfield, PILON of Saco, PINGREE of North 
Haven, Speaker RICHARDSON of Brunswick. 
Primed on recycled pape;· 
Constitutional amendment. 
Resolved: 
Two 
thirds 
of 
each 
branch 
of 
the 
Legislature 
concurring, 
that 
the 
following 
amendment to the Constitution of Maine be proposed: 
Constitution, Art. II, §4 is amended to read: 
Section 4. 
Time of state election: absentee voting. 
The 
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election of Governor and, beginning with the general election 
held in 2008, the election of Senators and Representatives 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. 
Constitution, Art. IV. Pt. First, §2 is amended to read: 
Section 2. 
Number of Representatives: terms; division of 
the State into districts for Bouse of Representatives. 
The House 
of Representatives shall consist of 151 members, to be elected by 
the qualified electors, and hold their office 6 1 years from the 
day next preceding the first Wednesday in December following the 
general election. 
A member may not serve more than 3 consecutive 
terms 
as 
a 
member 
of 
the 
House 
of 
Representatives. 
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. 
Constitution, Art. IV, Pt. First, §5 is amended to read: 
Page l-LR1537(l) 
• 
• 
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, s6rt, 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 eieBBia±±y following the general election, 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 
eieBRia±±y following 
the 
general 
election, 
and 
they 
shall 
finally 
determine 
who 
are 
elected. 
Constitution. Art. IV. Pt. Second. §1 is amended to read: 
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. 
A Senator may not serve more 
than 3 consecutive terms. 
Constitution. Art. IV, Pt. Second, §S is amended to read: 
Section 5. 
Determination of Senators elected; procedure for 
filling vacancies. 
The Senate shall, on said first Wednesday of 
DecemberT-~~BBially following the general election, 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. 
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 term of office for State Senators and members of the 
House 
of 
Representatives 
from 
years 
to 
years 
and 
increasing term limits to 12 years beginning in 2008?" 
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 January 1, 2008; 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. 
'J2 
SUMMARY 
This constitutional resolution changes the terms of Senators 
and members 
of the House 
of Representatives to 
years 
and 
increases term limits to 12 years beginning with the statewide 
election in 2008.