Maine Legislature, Session 122, LD 1357
Committee: State and Local Government
Sponsors: CLOUGH, CLUKEY, DA VIS, ANNIS, BOWLES, CARR, DAVIS, SAVIELLO, TARDY, COURTNEY

Legislative Document 
No. 1357 
H.P.940 
House of Representatives, March 17,2005 
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Provide for the Popular Election of the Constitutional 
Officers and the State Auditor 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative CLOUGH of Scarborough. 
If/~ 
1J7·711dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Senator CLUKEY of Aroostook, Senator DA VIS of Piscataquis and 
Representatives: ANNIS of Dover-Foxcroft, BOWLES of Sanford, CARR of Lincoln, DAVIS 
of Falmouth, SAVIELLO of Wilton, TARDY of Newport, Senator: COURTNEY of York. 
Printed till rer:ydetl 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. V, Pt. Second, §1 
is 
repealed 
and 
the 
following enacted in its place: 
Section 1. 
Election; vacancy. 
Beginning in 2006 and every 
years thereafter, the Secretary- of State must be chosen by 
popular election on the same date and in the same manner as 
provided by this Constitution for the election of Senators and 
Representatives. 
Vacancy 
in that office 
must 
be 
filled 
by 
appointment by the Governor, subject to confirmation as reguired 
by this Constitution for Justices of the Supreme Judicial Court; 
the appointee serves only until the next general election, at 
which point the vacancy must be filled for the balance of the 
term, if any, as provided in this section. 
Constitution, Art. V, Pt. Second, §l-A is amended to read: 
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 
e±ee~ee.--hy--1:l=ie 
be~~s±a~~Fe-4Y~~~~~-e~FFen~-~e~~~e~-~~-~n-ses6ieB7-~-~~-1:l=ie 
BeH~-Fe~~±aF-eF-sFeeia±-sessieB confirmed pursuant to section 1. 
Constitution, Art. V, Pt. Third, §1 is repealed and the following 
enacted in its place: 
Section 1. 
Election; va~cy. Beginning in 2006 and every 
years thereafter, 
the Treasurer must be 
chosen by popular 
election on the same date and in the same manner as provided by 
this 
Constitution 
for 
the 
election 
of 
Senators 
and 
Representatives. 
Vacancy 
in that office 
must 
be 
filled 
by 
appointment by the Governor, subject to confirmation as reguired 
by this Constitution for Justices of the Supreme Judicial Court; 
the appointee serves only until the next general election, at 
which point the vacancy must be filled for the balance of the 
term, if any, as provided in this section. 
Constitution, Art. V, Pt. Third, §l-A is amended to read: 
Section I-A. 
Succession to the office of Treasurer. 
I f 
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 
e±ee~ee--&y-~~-~~~~~-e.~£~~~--~l=ie 
e~FFeB~-~e~~~e~-~~--~-~&&~ar-eF-a~-~~~-r~~~-~F-sFee~a± 
sessieB confirmed pursuant to section 1. 
Constitution, Art. IX, §11 
is 
repealed 
and 
the 
following 
enacted in its place: 
Section 11. 
Att.orn~y' General; vacancy. 
Beginning in 2006 
pnd every 4 years there~~~e~_~h~ttorn~~neral must be chosen 
by popular election on the same date and in the same manner as 
provided by this Constitution for the election of Senators and 
Representatives. 
Vacancy 
in that office 
must 
be 
filled by 
appointment by the Governor, subject to confirmation as required 
by this Constitution for Justices of the Supreme Judicial Court: 
the appointee serves only until the next general election, at 
which point the 
vacq.J},~must be filled for the balance of the 
term, if any, as provided in this section. 
Constitution, Art. IX, §24 is enacted to read: 
Section 24. 
St~~~ 
__ ~~9~tQr;~~cag£y. 
Beginning in 2006 and 
every 4 years thereafter, the s.t.ate Auditor must be chosen by 
popular election on the same date and in the same manner as 
provided by this Constitution for the election of Senators and 
Representatives. 
Vq.cancy 
in that office 
must 
be 
filled by 
appointment by the Governor, subject to confirmation as required 
by this Constitution for Justices of the Supreme Judicial Court; 
the appointee serves only until the next general election, at 
which point the vacancY-must bJLJilled for the balance of the 
term, if any, as provided in this section. 
; 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 provide 
that the Attorney General, the Secretary of State, the State 
Auditor and the Treasurer of State be elected by the people 
to 4-year terms?" 
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 provides for direct popular election of the 
State's constitutional officers and the State Auditor to 4-year 
terms beginning in 2006. 
A vacancy in the office would be filled 
by the Governor, subject to confirmation by the Legislature, but 
only until 
the 
next general election. 
If the 
next general 
election is not one at which the office was 
scheduled to be 
filled, then an election must be held to fill the vacancy for the 
balance of the regular 4-year term.