Maine Legislature, Session 124, LD 0211
Committee: State and Local Government
Sponsors: JONES, RA YE, BICKFORD, CAREY, NASS, TARDY, TRINWARD, VALENTINO, PLOWMAN, SULLIVAN

FIRST P~GULAR SESSION=2009 
Legislative Document 
No. 211 
H.P.176 
House of Representatives, January 21,2009 
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Change the Schedule for Redistricting 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative JONES of Mount Vernon. 
Cosponsored by Senator RA YE of Washington and 
11/1.-~ 1n·m!LC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BICKFORD of Auburn, CAREY of Lewiston, NASS of Acton, TARDY of 
Newport, TRINWARD of Waterville, VALENTINO of Sa co, Senators: PLOWMAN of 
Penobscot, SULLIVAN of York. 
Printed on rt:cyclcd 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. First, '§2 IS amended to read: 
Section 2. Number of Representatives; biennial terms; division of the State into 
districts for House of Representatives. The House of Representatives shall consist of 
lSI members, to be elecfedby the qualified electors, and hold their office 2 years from 
the day next preceding the first Wednesday in December following the general election. 
The Legislature which convenes in +9&J 2012 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 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. Anypcipulation remainder withinthe municipality shall be 
included in a district with contiguous territory and shall be kept intact. 
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 
+9&J 2012 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, Part First, Section 2 for apportionment of Representative Districts. 
, . The apportionment plan of the commission established under Article IV, Part Third, 
'29 
Section I-A shall be submitted to the Secretary of the Senate no later than 120 calendar 
days after the convening of the Legislature in which apportionment is required. In the 
preparation of legislation implementing the plan, the commission, following a unanimous 
decision by commission members, may adjust errors and inconsistencies in accordance 
with the standards set forth in this Constitution, so long as substantive changes are not 
made. The Legislature shall enact the submitted plan onhe commission or a plan of its 
own by a vote of 2/3 of the Membersof each Ho'use, within 30 calendar days after the' 
plan cif the commission is submitted. Such action shall be subject to the Governor's 
approval as provided in Article IV, Part Third, Secti'ori 2. ' 
' 
In the event that the Legislature shall fail to make an apportionment within 130 days 
after convening, the Supreme Judicial Court shall, within 60 days following the period in 
which the Legislature is required to act but fails to do so, make the apportionment. In 
making such apportionment, the Supreme Judicial Court shall take into consideration 
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plans and briefs filed by the public with the court during the first 30 days of the period in 
which the court is required to apportion. 
The Supreme Judicial Court shall have original jurisdiction to hear any challenge to 
an apportionment law enacted by the Legislature, as registered by any citizen or group 
thereof. 
If any challenge is sustained, the Supreme Judicial Court shall make the 
apportionment. 
; 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 move the date of redistricting 
for the congressional districts, Maine Legislature and counties from 2013 to 20127" 
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 resolution proposes to amend the Constitution of Maine to move the date of 
redistricting the congressional districts, Maine Legislature and counties from 2013 to 
2012. The apportionment of the congressional districts and the counties are described in 
the Maine Revised Statutes and follow the Constitution of Maine.