Maine Legislature, Session 125, LD 0494
Committee: State and Local Government
Sponsors: KESCHL, COTTA, CHASE, FOSTER, GRAHAM, HARMON, HARVELL, JOHNSON, KNIGHT, MALONEY

Legislative Document 
No. 494 
H.P. 387 
House of Representatives, February 10, 2011 
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. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative KESCHL of Belgrade. 
Cosponsored by Representative COTTA of China and 
Representatives: CHASE of Wells, FOSTER of Augusta, GRAHAM of North Yarmouth, 
HARMON of Palermo, HARVELL of Farmington, JOHNSON of Eddington, KNIGHT of 
Livermore Falls, MALONEY of Augusta. 
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 151 members, to be elected by the qualified electors, and hold their office 
years from the day next preceding the first Wednesday in December following the 
general election.  The Legislature which convenes in 1983 2013, and also the Legislature 
which convenes in 2021 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, §3 is amended to read: 
Section 3.  Submission of reapportionment plan to Clerk of House; 
Legislature's action on commission's plan.  The apportionment plan of the commission 
established under Article IV, Part Third, Section 1-A shall be submitted to the Clerk of 
the House no later than 120 calendar days after the convening of the Legislature June 1st 
of the year 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 of the commission or a plan of its own by a vote of 2/3 of the 
Members of each House within 30 calendar days after the plan of the commission is 
submitted by June 11th of the year in which apportionment is required.  Such action shall 
be subject to the Governor's approval as provided in Article IV, Part Third, Section 2. 
In the event that the Legislature shall fail to make an apportionment within 130 
calendar days after convening by June 11th, 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 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. 
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 2013, and also the Legislature which shall convene in the year 2021 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, 
Section 1-A shall be submitted to the Secretary of the Senate no later than 120 calendar 
days after the convening of the Legislature June 1st of the year 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 of the 
commission or a plan of its own by a vote of 2/3 of the Members of each House, within 
calendar days after the plan of the commission is submitted by June 11th of the year in 
which apportionment is required.  Such action shall be subject to the Governor's approval 
as provided in Article IV, Part Third, Section 2. 
In the event that the Legislature shall fail to make an apportionment within 130 days 
after convening by June 11th, 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 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 change the years of 
redistricting the Maine Legislature after 2013 from 2023 and every 10th year 
thereafter to 2021 and every 10th year thereafter?" 
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 change the years of 
redistricting the Legislature after 2013 from 2023 and every 10th year thereafter to 2021 
and every 10th year thereafter.