Maine Legislature, Session 122, LD 1112
Committee: Legal and Veterans Affairs
Sponsors: JACKSON, MARTIN, BROWN, CANAVAN, GERZOFSKY, HOTHAM, PATRICK, VALENTINO, BRYANT, GAGNON

Legislative Document 
No. 1112 
H.P.765 
House of Representatives, March 1,2005 
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Change the Legislative Term to 4 years 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative JACKSON of Fort Kent. 
Cosponsored by Senator MARTIN of Aroostook and 
/r;~ 
1J7.1lltU~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BROWN of South Berwick, CANAVAN of Waterville, GERZOFSKY of 
Brunswick, HOTHAM of Dixfield, PATRICK of Rumford, VALENTINO of Saco, Senators: 
BRYANT of Oxford, GAGNON of Kennebec. 
Printed on recycleJ pnper 
Constitutional amendment. 
Resolved: 
Two 
thirds 
branch 
of 
the 
Legisla·ture 
concurring, 
that 
the 
amendment to the Constitution of Maine be proposed: 
Constitution, Art. ll, §4 is amended to read: 
of 
each 
following 
Section 4. 
Time of state election; absentee voting. 
The 
election of Senators and members of the House of Representatives 
shall be on the Tuesday following the first Monday of November 
biennially 
E9l'evel', 
except 
as 
provided 
in 
this 
section. 
Beginning with the general elections held in 2006, the elections 
of Senators, 
members of the House of Representatives and the 
e~ee~i9a-9' Governor 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; 
4-year 
terms; 
division 
of 
the 
State 
into 
districts 
for 
House 
of 
Representatives. 
The House of Representatives shall consist of 
members, to be elected by the qualified electors, and hold 
their office 6 .i years from the day next preceding the first 
Wednesday 
in 
December 
following 
the 
general 
election. 
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: 
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 
Page l-LR0199(l) 
the House. 
The meetings wi thin 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, sort, 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 aieBBia±±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 
aieBBia±±y following 
the 
general 
election, 
and 
they 
shall 
finally 
determine 
who 
are 
elected. 
Constitution, Art. IV, Pt. Second, §5 is amended to read: 
Section 5. 
Determination of Senators elected; procedure for 
filling vacancies. 
The Senate shall, on said first Wednesday of 
DecemberT-~i&BBia±±y following the general election, determine 
J2 
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 
l(j 
district to elect by a plurality of votes the Senator to which 
said district shall be entitled shall be filled by an immediate 
lB 
election in the unrepresented district. 
The Governor shall issue 
a proclamation therefor and therein fix the time of such election. 
Constitution. Art. IV, Pt. Third, §1 is amended to read: 
Section 1. 
To 
meet 
annually; 
power 
of Legislature 
to 
'JA 
convene itself at other times; extent of legislative power. 
The 
Legislature shall convene on the first Wednesday of December 
following the general election in what shall be designated the 
first regular 
session of the Legislature; 
and shall 
further 
convene on the first Wednesday after the first Tuesday of January 
in the subsequent 
eyeB-R~m1:l€-£-e-€I--yeaF 3 years in what shall be 
SO 
designated the second, third and fourth regular sessisB sessions 
of the Legislature; provided, however, that the business of the 
second and fourth regular SeSS3:eR sessions of the Legislature 
shall 
be 
limited 
to 
budgetary 
matters; 
legislation 
in 
the 
Governor's call; legislation of an emergency nature admitted by 
the Legislature; legislation referred to committees for study and 
report by the Legislature in the first or third regular session 
as the case may be; and legislation presented to the Legislature 
by written petition of the electors under the provisions of 
Article IV, Part Third, Section 18. 
The Legislature shall enact 
appropriate statutory limits on the length of the first and third 
regular SeSS3:eR sessions and of the second and fourth regular 
sessieR sessions. 
The Legislature may 
convene at such other 
times on the call of the President of the Senate and Speaker of 
the House, with the consent of a majority of the Members of the 
Legislature 
of 
each 
political 
party, 
all 
Members 
of 
the 
Legislature having been first polled. 
The Legislature, with the 
exceptions hereinafter stated, shall have full power to make and 
establish all reasonable laws and regulations for the defense and 
benefit of the people of this State, 
not repugnant to this 
Constitution, nor to that of the United States. 
Constitution, Art. IV, Pt. Third. §18. sub-§l is amended to read: 
1. 
Petition procedure; petitions for direct initiative of 
legislation. 
The electors may propose to the Legislature for its 
consideration any bill, resolve or resolution, including bills to 
amend or repeal emergency legislation but not an amendment of the 
State 
Constitution, 
by 
written 
petition 
addressed 
to 
the 
Legislature or to either branch thereof and filed in the office 
of the Secretary of State by the hour of 5:00 p.m., on or before 
the 50th day after the date of convening of the Legislature in 
first and third regular SeSS3:eR sessions or on or before the 25th 
day after the date of convening of the Legislature in second and 
fourth 
regular 
SeSS3:eR 
sessions. 
If the 
50th or 
25th day, 
whichever applies, is a Saturday, Sunday, or legal holiday, the 
period runs until the hour of 5:00 p.m., of the next day which is 
not a Saturday, Sunday, or legal holiday. 
Constitution, Art. V, Pt. Second, §1 is amended to read: 
Section 1. 
Election. 
chosen 
bienniallYL 
at 
the 
sessions of the Legislature, 
Representatives in convention. 
The Secretary 
first 
SeSS3:eR 
by j oint ballot 
of State shall 
be 
and 
third 
regular 
of the Senators and 
Constitution, Art. V. Pt. Third. §1 is amended to read: 
Section 
1. 
biennially, at the 
Election. 
The 
Treasurer 
shall 
first SeSS3:eR and third regular 
be 
chosen 
sessions of 
the 
Legislature, 
by 
joint 
Representatives in convention. 
ballot 
of 
the 
SenatorsT 
and 
; 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 
by a resolution of the Legislature to 
office 
for 
State Legislators 
from 
of Maine as proposed 
change the te rm 
f 
years 
to 
years 
beginning in 20067" 
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 
<~8 
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, 2006; 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 . 
. ! 6 
SUMMARY 
This constitutional resolution changes Legislators' terms to 
years 
in 
time 
for 
the 
general 
election 
in 
2006. 
The 
Legislature would meet every year, but business in the 2nd year 
and 4th year would be restricted as it is presently in the 2nd 
year.