Maine Legislature, Session 123, LD 1328
Committee: State and Local Government
Sponsors: BROWNE, SHERMAN, AUSTIN, CARTER, FLOOD, PLUMMER, ROBINSON

Legislative Document 
No. 1328 
H.P.936 
House of Representatives, March 12,2007 
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Limit the Frequency with which an Issue May Appear on 
the Ballot as a Result of a Direct Initiative 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative BROWNE of Vassalboro. 
Cosponsored by Senator SHERMAN of Aroostook and 
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1I7.1lld£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: AUSTIN of Gray, CARTER of Bethel, CRA Y of Palmyra, FLOOD of 
Winthrop, PLUMMER of Windham, ROBINSON of Raymond. 
Printed on recycletl paper 
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. IV, Pt. Third, §18, suh-§2, as amended by CR 2005, c. 2, is 
further amended to read: 
2. 
Referral to electors unless enacted by the Legislature without change; 
number of signatures necessary on direct initiative petitions; dating signatures on 
petitions; competing measures; limitation. For any measure thus proposed by electors, 
the number of signatures shall not be less than 10% of the total vote for Governor cast in 
the last gubernatorial election preceding the filing of such petition. 
The date each 
II 
signature was made shall be written next to the signature on the petition. A signature is 
not val id if it is dated more than one year prior to the date that the petition was filed in the 
office of the Secretary of State. The measure thus proposed, unless enacted without 
change by the Legislature at the session at which it is presented, shall be submitted to the 
electors together with any amended form, substitute, or recommendation of the 
Legislature, and in such manner that the people can choose between the competing 
measures or reject both. When there are competing bills and neither receives a majority 
of the votes given for or against both, the one receiving the most votes shall at the next 
statewide election to be held not less than 60 days after the first vote thereon be submitted 
by itself if it receives more than 113 of the votes given for and against both. If the 
measure initiated is enacted by the Legislature without change, it shall not go to a 
referendum vote unless in pursuance of a demand made in accordance with the preceding 
section. The Legislature may order a special election on any measure that is subject to a 
vote of the people. 
If a measure is submitted to the electors and it fails to receive the 
number of votes necessary for enactment, the electors may not propose pursuant to this 
section the same or substantially the same measure for a period of 5 years. 
; 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 provide that, if a direct 
initiative is submitted to the electors and it fails to receive the number of votes 
necessary for enactment, the same or substantially the same measure may not be 
proposed through a direct initiative for the following 5 years?" 
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 he 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 
ofthis resolution necessary to carry out the purposes of this referendum. 
SUMMARY 
This resolution proposes amending the Constitution of Maine to provide that, if a 
direct initiative is submitted to the electors and it fails to receive the number of votes 
necessary for enactment, the same or substantially the same measure may not be proposed 
through a direct initiative for the following 5 years.