Maine Legislature, Session 124, LD 1328
Committee: Legal and Veterans Affairs
Sponsors: ADAMS

FIRST REGULAR SESSIOl'~-2009 
Legislative Document' 
No. 1328 
H.P.932 
House of Representatives, 
RESOLUTION, Pr~posing an Amendment to the Constitution of 
Maine Concerning Early Voting and Voting by Absentee Ballot 
31,2009 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative ADAMS of Portland. 
Printed on n:l:yded pilper 
17/~ 
117· ml!C~{ 
MILLICENT M. MacFARLAND 
Clerk 
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Constitutional amendment. Resolved: Two thirds of each branch of the 
Legislature concuning, that the following a~endment 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 shall be on the Tuesday following the 
first Monday of November every 4 years. The Legislature by proper enactment shall 
authorize a: process to allow a qualified voter to vote at a polling place in or outside 
that voter's election district during the 21-day period immediately preceding an 
election. The Legislature ~ 
Qy proper enactment shall authorize and provide for 
voting by absentee ballot by citiz.ens of the State absent therefrom in the Anned 
Forces of the United States or of this State and for voting by absentee ballot by other 
citizens absent or physically incapacitated for any reasons deemed sufficient. 
; and be it further 
Constitutional referendum procedure;· form of qu~stion; 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 Const!tution of Maine to allow -the Legislature to 
authorize a process to allow a qualified voter to vote' at a polling place in or 
outside that voter's election district during the' 21-day period immediately 
preceding an election and to authorize voting by absentee ballot for any sufficient 
reason?" 
The legal voters of each city, town and plantation shall vote by ballot on thi~ 
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 thesarrie manner as votes fot 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: Thatthe 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. 
. Page 1 - 124LR02S3(Ol)-1 
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SUMMARY 
This resolution proposes to amend the Constitution of Maine to require the 
Legislatl,lfe to authorize a process to allow a qualified voter to vote at a pdlling place 
in or outside of the voter's election district during the 21-day period immediately 
preceding an election. It also changes an allowable reason for absentee voting from 
absence or physical incapacity to any reason deemed sufficient.