Maine Legislature, Session 123, LD 1553
Committee: State and Local Government
Sponsors: VALENTINO

Legislative Document 
No. 1553 
H.P. 1078 
House of Representatives, March 20, 2007 
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Increase the Length of Legislative Terms to 4 Years 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative VALENTINO of Saco. 
Prinled on recyded paper 
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frI· 7ilf1£~ 
MILLICENT M. MacFARLAND 
Clerk 
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 election of Senators and 
Representatives shall be on the Tuesday following the first Monday of November 
biennially forever and the 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: 
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Section 2. N urn ber of Representatives; terms; division of the State into districts 
for House of Representatives. 
The House of Representatives shall consist of 151 
members, to be elected by the qualified electors, and hold their office ~ 1 years from the 
day next preceding the first Wednesday in December following the general election. The 
Legislature which convenes in 1983 and every Wth 12th 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 entitIes 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 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 
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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 quadrennially 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 biennially quadrennially following 
the general election, and they shall finally determine who are elected. 
Constitution, Art. IV, Pt. Second, §2, first ~ 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 
1983 and every teHtfl twelfth year thereafter shall cause the State to be divided into 
districts for the choice of a Senator from each district, using the same method as provided 
in Article IV, Part First, Section 2 for apportionment of Representative Districts. 
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 December, biennially quadrennially 
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. 
Constitution, Art. IV, Pt. Third, §1 is amended to read: 
Section 1. To meet annually; power of Legislature to 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 
after the first Tuesday of January in the subsequent even-numbered year in what shall be 
designated the second regular session of the Legislature; provided, hO'llever, that the shall 
further convene on the first Wednesday after the first Tuesday of January in the 
subsequent odd-numbered year in what shall be designated the third regular session of the 
Legislature; and shall further convene on the first Wednesday after the first Tuesday of 
January in the subsequent even-numbered year in what shall be designated the fourth 
regular session of the Legislature. The business of the second and fourth regular session 
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 
electors under the provisions of Article IV, Part Third, Section 18. The Legislature shall 
enact appropriate statutory limits on the length of the first, second, third and fourth 
regular sessiOR aRd of the seeoRd fegulaf sessioR 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 §1, as amended by CR 2005, c. 2, is 
further amended to read: 
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1. 
Petition procedure. 
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 or third regular session or on or before the 25th day after the date of 
convening of the Legislature in second or fourth regular session, except that the written 
petition may not be filed in the office of the Secretary of State later than 18 months after 
the date the petition form was furnished or approved by the Secretary of State. If the 
applicable deadline falls on 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. First, §14, First ~ is amended to read: 
Section 14. 
Vacancy, how supplied. 
Whenever the office of Governor shall 
become vacant because of the death, resignation or removal of a Governor in office, or 
any other cause, the President of the Senate shall assume the office of Governor until 
another Governor shall be duly qualified. When the vacancy occurs more than 90 days 
preceding the date of the primary election for nominating candidates to be voted for at the 
bieRRial quadrennial general election next succeeding, the President of the Senate shall 
assume the office of Governor until the first Wednesday after the first Tuesday of January 
following the bieRRial quadrennial general election. At the bieRRial quadrennial general 
election, a Governor shall be elected to fill the unexpired term created by the vacancy. 
When the vacancy occurs less than 90 days preceding the date of a primary election the 
President of the Senate shall fill the unexpired term. 
Constitution, Art. V, Pt. Second, §1 is amended to read: 
Section 1. Election. The Secretary of State shall be chosen biennially at the first 
sessiOR and third sessions of the Legislature, by joint ballot of the Senators and 
Representatives in convention. 
Constitution, Art. V, Pt. Third, §1 is amended to read: 
Section 1. Election. The Treasurer shall be chosen biennially, at the first sessioR 
and third sessions of the Legislature, by joint ballot of the Senators, and Representatives 
in convention. 
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Constitution, Art. IX, §4 is amended to read: 
Section 4. Elections on the first Wednesday after first Tuesday of January may 
be adjourned from day to day. In case the elections, required by this Constitution on 
the first Wednesday after the first Tuesday of January bieAAially quadrennially, by the 2 
Houses of the Legislature, shall not be completed on that day, the same may be adjourned 
from day to day, until completed, in the following order: The vacancies in the Senate 
shall first be filled; and the Governor shall then be elected, if there be no choice by the 
people. 
Constitution, Art. IX, §1l is amended to read: 
Section 11. Attorney General. The Attorney General shall be chosen biennially at 
the first and third sessions of the Legislature by joint ballot of the Senators and 
Representatives in convention. Vacancy in said office occurring when the Legislature is 
not in session, may be filled by appointment by the Governor, subject to confirmation as 
required by this Constitution for Justices of the Supreme Judicial Court. 
; 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 held in the month 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 2 years to 4 years 
beginning in 2008, to change the span of a single Legislature from 2 to 4 years and to 
increase the reapportionment cycle from 10 to 12 years to coincide with the 4-year 
legislative cycle?" 
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. 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 constitutional resolution changes the terms of Senators and members of the 
House of Representatives to 4 years beginning with the statewide election in 2008, 
correspondingly increases the span of a single Legislature from 2 to 4 years and increases 
from 10 to 12 years the reapportionment cycle to coincide with the 4-year legislative 
cycle. 
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