Maine Legislature, Session 122, LD 0720
Committee: Legal and Veterans Affairs
Sponsors: TARDY, RA YE, DA VIS, CURLEY, FLETCHER, MILLS

Legislative Document 
No. 720 
H.P.515 
House of Representatives, February 10,2005 
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Give the Supreme Judicial Court Authority To Decide 
Contested Elections Results 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative TARDY of Newport. 
11l~ 
1J1.11ld£~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Senator RA YE of Washington, Senator DA VIS of Piscataquis and 
Representatives: CURLEY of Scarborough, FLETCHER of Winslow, Senator: MILLS of 
Somerset. 
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. IV, Pt. First, §5 is amended to read: 
of each 
following 
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, 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 biennially, 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 
bienniallYT 
a:aEl 
t:hey 
shall 
~i:aally 
Elet:e~mi:ae-whe-a~e-eleet:eEl. 
Constitution, Art. IV, Pt. Second, §5 is amended to read: 
Section 5. 
Procedure for filling vacancies. 
~he 8e:aat:e 
shallT e:a saiEl 
~i~st: WeEl:aesElay 
e~ geeemae~T aie:a:aially 
Elet:e~mi:ae 
whe is eleet:eEl ay a 
plli~alit:y e~ vet:es t:e ae 
8e:aat:e~ i:a eaeh 
Elist:~iet:T 
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. 
Constitution, Art. VI, §7 is enacted to read: 
Page l-LR18l5(1} 
Section 7. 
Determination of contested election results. 
The Supreme Judicial Court shall determine an election for the 
Senate or House of Representatives of which the results are 
contested pursuant to procedures adopted by court rule. 
; 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 
authorize the Supreme Judicial Court to decide contested 
election results for members of the Senate and the House of 
Representatives?" 
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 the Supreme Judicial Court to 
decide contested elections for members of the Senate and the 
House of Representatives as is currently provided for all other 
elections.