Maine Legislature, Session 124, LD 0108
Committee: State and Local Government
Sponsors: HOGAN, JOHNSON, GERZOFSKY, BROWNE, CONNOR, EBERLE, MAZUREK, PEOPLES

Legislative Document 
No. 108 
H.P.92 
House of Representatives, January 12,2009 
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Change the Terms for State Senators and Members of the 
House of Representatives to 4 Years 
Referenc~ to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative HOGAN of Old Orchard Beach. 
11/;U~d 111· 71l1l£~{ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representative JOHNSON of Greenville, Senator GERZOFSKY of 
Cumberland and Representatives: BROWNE of Vassalboro, CONNOR of Kennebunk, 
EBERLE of South Portland, MAZUREK of Rockland, PEOPLES of Westbrook. 
Prilllt.'d un recycled pLlpcr 
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. H, §4 is amended to read: 
Section 4. Time of state election; absentee voting. The election of Senators and 
members of the House of Representatives shall be on the Tuesday following the first 
Monday of November biennially forever, except as provided in this section. Beginning 
with the general election held in 2012, the election of Senators, member of the House of 
Representatives and 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; 4-year terms; division of the State into 
districts for House of Representatives; The House of .Representatives shall consist of 
members, to be elected by the qualified electors, and hold their office 2, .1 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 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. 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. Ejection 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 
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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, §5 is amended to read: 
Section 5. Determination of Senators elected; procedure for filling vacancies. 
The Senate shall, on said first Wednesday of December, biennially following the general 
election determine who is elected by a plurality of votes to be Senator in each 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 :3 years in what 
shall be designated the second, third and fourth regular session sessions of the 
Legislature; provided, however, that the business of the second and fourth regular session 
sessions 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 refelTed to committees for study and report by the Legislature in the first or 
written petition of the electors under the provisions of Article rv, Part Third, Section 18. 
The Legislature shall enact appropriate statutory limits on the length of the first and third 
regular session sessions and of the second and fourth regular session sessions. 
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 maj ority of the Mem bers 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-§l, 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 or third regular session or on or before the 25th day after the date of 
convening of the Legislature in second or fOUlth regular session except that the written 
petition may not be filed in the office of the 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. Second, §1 is amended to read: 
Section 1. Election. The Secretary of State shall be chosen biennially at the first 
session and third regular sessions of the Legislature, by Joint ballot of the Senators and 
Representatives in convention. 
Constitution, Art. V, Pt. Third, §1 is amended toread~ 
Section 1. Election. The Treasurer sbal!E be chosen bienniallY, at tI~e l11iS1 session 
and third regular sessions of the Legislature, by joint banot of the Senators, and 
Representatives in convention. 
; 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 change the term of office for 
State Legislators from 2 years to 4 years beginning in 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. 
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SUMMARY 
This constitutional resolution changes Legislators' terms to 4 years beginning with the 
general election in 2012. The Legislature would meet every year, but the business in the 
4th year would be restricted as it is presently in the 2nd year.