Maine Legislature, Session 125, LD 1572
Committee Amendment CA_A_S153 (Senate)

COMMITTEE AMENDMENT "A " to S.P. 504, L.D. 1572, "RESOLUTION, 
Proposing an Amendment to the Constitution of Maine To Provide for the Popular 
Election of the Secretary of State, Attorney General, Treasurer of State and State 
Auditor" 
Amend the resolution by striking out the title and substituting the following: 
'RESOLUTION, Proposing an Amendment to the Constitution of Maine To Provide 
for the Popular Election of the Secretary of State, Attorney General and Treasurer 
of State' 
Amend the resolution by striking out everything after the title and before the 
summary and inserting the following: 
'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. V, Pt. Second, §1 is amended to read: 
Section 1. Election. The Secretary of State shall be chosen biennially at the first 
session of the Legislature, by joint ballot of the Senators and Representatives in 
convention. Beginning in 2014 and every 4 years thereafter, the Secretary of State must 
be chosen by popular election on the same date and in the same manner as provided by 
this Constitution for the election of Senators and Representatives. 
Constitution, Art. V, Pt. Second, §l-A is amended to read: 
Section I-A. Succession to the office of Secretary of State. If a vacancy 
occurs less than 90 days before a primary election in the office of the Secretary of State, 
the first deputy secretary of state shall act as the Secretary of State until a Secretary of 
State is elected by the Legislature during the current session if in session, or at the next 
regular or special session for the remainder of the tenn. If the vacancy occurs more than 
days before the primary election for nominating candidates to be voted for at the next 
election, the vacancy must be filled by the first deputy secretary of state until the first 
COMMITTEE AMENDMENT 
~. .. ~. 
COMMITTEE AMENDMENT " &\"to S.P. 504, L.D. 1572 
Wednesday after the first Tuesday in January following the election. At the election, a 
Secretary of State must be elected to fill the unexpired term created by the vacancy. 
Constitution, Art. V, Pt. Third, §1 is amended to read: 
Section 1. Election. The Treasurer shall be chosen biennially, at the first session 
of the Legislature, by joint ballot of the Senators, and Representatives in convention. 
Beginning in 2014 and every 4 years thereafter, the Treasurer must be chosen by popular 
election on the same date and in the same manner as provided by this Constitution for the 
election of Senators and Representatives. 
Constitution, Art. V, Pt. Third, §1-A is amended to read: 
Section I-A. Succession to the office of Treasurer. If a vacancy occurs less 
than 90 days before a primary election in the office of Treasurer of State, the deputy 
treasurer of state shall act as the Treasurer of State until a Treasurer of State is elected by 
the Legislature during the current session if in session, or at the next regular or special 
session for the remainder of the term. If the vacancy occurs more than 90 days before the 
primary election for nominating candidates to be voted for at the next election, the 
vacancy must be filled by the deputy treasurer of state until the first Wednesday after the 
first Tuesday in January following the election. At the election, a Treasurer of State must 
be elected to fill the unexpired tenn created by the vacancy. 
Constitution, Art. IX, §11 is amended to read: 
Section 11. Attorney General. The Attorney General shall be chosen biennially 
by j oint ballot of the Senators and Representatives in convention. Beginning in 2014 and 
every 4 years thereafter, the Attorney General must be chosen by popular election on the 
same date and in the same manner as provided by this Constitution for the election of 
Senators and Representatives. Vacancy in said office occurring when the Legislature is 
not in session, may be filled by appointment by the Governor, subject to confirmation as 
required by this Constitution for Justices of the Supreme Judicial Court. 
; 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 provide that, 
beginning in 2014, the Secretary of State, the Treasurer of State and the 
Attorney General be elected by the people every 4 years in the same 
manner as members of the Senate and House of Representatives?" 
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 retuFlls made to the Secretary of 
State in the same manner as votes for members of the Legislature. The Governor shall 
COMMITTEE AMENDMENT 
~. 
~Cb. 
COMMITTEE AMENDMENT "A" to S.P. 504, L.D. 1572 
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 amendment, which is the minority report of the committee, proposes a 
constitutional amendment to provide that, beginning in 2014, the Secretary of State, the 
Treasurer of State and the Attorney General be elected by the people every 4 years in the 
same manner as members of the Senate and House of Representatives. The amendment 
also removes a provision in the resolution that provides for the popular election of the 
State Auditor. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/18111 
/'b/ac. 
LD 1572 
LR 2162(02) 
RESOLUTION, Proposing an Amendment to the Constitution of Maine To Provide for the Popular 
Election of the Secretary of State, Attorney General, Treasurer of State and State Auditor 
Referendum Costs 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
'S-/~ 
Committee: State and Local Government 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
MonthlY ear 
Election Type 
Question 
Nov-II 
General 
Referendum 
Length 
Standard 
The Secretary of State's budget includes sufficient funds to accommodate one ballot of average length for the general 
election in November. If the number or size ofthe referendum questions requires production and delivery ofa second 
ballot, an additional appropriation of $107,250 may be required. 
Fiscal Detail and Notes 
The bill is contingent on approval by the voters at referendum. If approved by the voters any impacts on the Office of 
the Secretary of State, the Office of the Attorney General and the Office of Treasurer of State are not expected to be 
significant. 
LR2162(02) - Fiscal Note - Page 1 of 1