Maine Legislature, Session 123, LD 1238
Committee: State and Local Government
Sponsors: BROWNE, MUSE, SHERMAN, CLEARY, MARLEY, SAMSON, SCHATZ, SILSBY, McCORMICK

Legislative Document 
No. 1238 
H.P.880 
House of Representatives, March 8, 2007 
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Provide 4-year Terms for Legislators 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative BROWNE of Vassalboro. 
11J~ 
1I7.1Tbc~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representative MUSE of Fryeburg, Senator SHERMAN of Aroostook and 
Representatives: CLEARY of Houlton, MARLEY of Portland, SAMSON of Auburn, 
SCHATZ of Blue Hill, SILSBY of Augusta, Senator: McCORMICK of Kennebec. 
Primed on recyded 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. 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 fore't'er and the, except that, beginning with the general election held in 20 I 0, 
the election of Senators and members of the House of Representatives from even-
numbered districts shall be held on the Tuesday following the first Monday of November 
every 4 years and, beginning with the general election held in 2012, the election of 
II 
Senators and members of the House of Representatives from odd-numbered districts shall 
be held on the Tuesday following the first Monday of November every 4 years. The 
election of 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; 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 2 years or, if 
elected from an even-numbered district in or after 2010 or an odd-numbered district in or 
after 2012, 4 years from the day next preceding the first Wednesday in December 
following the general election at which the members were elected. A member may not 
serve more than 2 consecutive terms as a member of the House of Representatives, except 
that during the transition period from 2-year to 4-year terms a member may serve not 
more than 10 years. 
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 lin~s the ieast number of times 
necessary to establish as nearly as practicable equally populated districts. The district 
number designations must be assigned to align as closely as possible with the geographic 
districts having the same number designations before the reaPPQrtionment. The plan may 
not curtail or reduce a 4-year term being served when the reapportionment takes effect, 
but must provide for an orderly transition period. 
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: 
Page J - 123LR0236(OIj-i 
I 
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 
I I 
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 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 following the general election, and they shall 
finally determine who are elected. 
Constitution, Art. IV, Pt. Second, §1 is amended to read: 
Section 1. Number of Senators. The Senate shall consist of an odd number of 
Senators, not less than 31 nor more than 35, elected at the same time and for the same 
term as Representatives by the qualified electors of the districts into which the State shall 
be from time to time divided. A Senator may not serve more than 2 consecutive terms, 
except that during the transition period from 2-year to 4-vear terms a Senator may serve 
not more than 10 years. 
Constitution, Art. IV, Pt. Second, §2 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 tenth 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, Pali First, Section 2 for apportionment of Representative Districts. 
The district 
number designations mu~t be assigned to align as closely as possible with the geographic 
districts having the same number designations before the reapportionment. The plan may 
not curtail or reduce a ±:year ~~rm_being served when the reapportionment takes effect. 
Q!.!Llll.1!nillQvide for an orderly transition period. 
; and be it further 
Constitutional referendum procedure; form of question; effective date. 
J 
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 
Pag{:2 - 123LRO:b6(Ul)-1 
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, 
to stagger those terms and to retain term limits of 8 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 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. The bill would provide for staggered terms by 
having half of the Senators and members of the House beginning 4-year terms in 2010 
and the other half beginning in 2012. The bill also retains term limits of8 years, except 
that during the period of transition from 2-year to 4-year terms a limit of 10 years is 
imposed. Under the bill, each Legislature would continue to consist of a 2-year cycle, 
with a first regular session and a second regular session. In order to ensure that terms 
remain staggered, a provision is added to require that districts retain like number 
designations during 10-year reapportionments and that a reapportionment plan not curtail 
or cut short a 4-year term before its expiration.