Maine Legislature, Session 123, LD 0015
Committee Amendment CA_A_H509 (House)

COMMITTEE AMENDMENT "A" to H.P. 1078, L.D. 1553, "RESOLUTION, 
Proposing an Amendment to the Constitution of Maine To Increase the Length of 
Legislative Terms to 4 Years" 
Amend the resolution by striking out everything after the title and before the 
summary and inserting the following: 
'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. +fie Until the general election 
held in 2014, 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 2014, 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 House of Representatives. +fie Until the general election held in 2014, the House of 
Representatives shall consist of 151 members, to be elected by the qualified electors, and 
hold their office 2 years from the day next preceding the first Wednesday in December 
following the general election. Beginning with the general election in 2014, members of 
the House of Representatives hold their office for 4 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 until 2014 and then every 12th year thereafter shall 
cause the State to be divided into districts for the choice of one Representative for each 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 1078, L.D. 1553 
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 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 until 2014, and then quadrennially following the general election in 
November 2014, 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 until 2014, and then quadrennially following the general election in November 
2014, 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 
ws.; 2013 and every teath 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 N, 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 Until the general election held in 2014, the Senate shall, on said first Wednesday of 
December, biennially, and then quardrennially following the general election in 
November 2014, determine who is elected by a plurality of votes to be Senator in each 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1078, L.D.1553 
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, however, that the until 
2014; and following the general election in 2014 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 regular session 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 regular session; and legis lation presented to the Legislature by written petition 
of the electors under the provisions of Article IV, Part Third, Section 18. Following the 
general election in 2014, the fourth regular session of the Legislature is limited in the 
same manner as the second regular session. The Legislature shall enact appropriate 
statutory limits on the length of the first regular session and of the second regular session, 
and following the general election in 2014, of the third regular session and of the fourth 
regular session. 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: 
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 regular session until 2014 and in first regular session or third regular 
session following the general election in November 2014 or on or before the 25th day 
after the date of convening of the Legislature in second regular session until 2014 and in 
November 2014, except that the written petition may not be filed in the office of the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1078, L.D. 1553 
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. Wflefl Until the general election held in 2014, 
when the vacancy occurs more than 90 days preceding the date of the primary election for 
nominating candidates to be voted for at the biennial 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 biennial election. Following the general 
election in November 2014, when a vacancy occurs more than 90 days preceding the date 
of the primary election for nominating candidates to be voted for at the quadrennial 
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 quadrennial 
election. At Until the general election held in 2014, at the biennial election, a Governor 
shall be elected to fill the unexpired term created by the vacancy, and then quadrennially 
following the general election in November 2014. 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. +fie Until the general election held in 2014, the Secretary of 
State shall be chosen biennially at the first session. 
After the general election in 
November 2014, the Secretary of State shall be chosen biennially at the first 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 session 
until 2014. After the general election in November 2014, the Treasurer shall be chosen 
biennially at the first and third sessions of the Legislature, by joint ballot of the Senators, 
and Representatives in convention. 
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 biennially until 2014, or 
quadrennially after the general election held in 2014, 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, §11 is amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A "to H.P. 1078, L.D. 1553 
Section 11. Attorney General. The Attorney General shall be chosen biennially at 
the first and third sessions of the Legislature until 2014, and at the first and third session 
of the Legislature after the 2014 election 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 ofthe Supreme Judicial Court. 
;~d~~fu~~ 
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 
l3 
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 2014, 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 ~d plantation all ballots, returns and copies 
of this resolution necessary to carry out the purposes of this referendum.' 
SUMMARY 
This amendment changes the terms of Senators and members of the House of 
Representatives to 4 years beginning with the statewide election in 2014 after the next 
regularly scheduled reapportionment, rather than in 2008 as proposed in the bill. 
FISCAL :'IOTE HE(JlJlRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/0S/07 frac 
LD 1553 
LR 856(02) 
RESOLUTION, Proposing an Amendment to the Constitution of Maine To Increase the Length of 
Legislative Terms to 4 Years 
Fiscal Note for BiU as Amended by Committee Amendment" A " 
Committee: State and Local Government 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Referendum Costs 
MonthN ear 
Election Type 
Question 
Nov-07 
General 
Referendum 
Length 
Standard 
The Secretary of State's budget includes sufficient funds to accommodate one ballot of average length for the general 
election in November. If the number or size of the referendum questions increases the ballot length, an additional 
appropriation of $8,000 or more may be required. 
LROS56(02) - Fiscal Note - Page 1 of 1