Maine Legislature, Session 125, LD 0113
Committee: State and Local Government
Sponsors: CEBRA, BEAVERS, THOMAS, GRAHAM, SARTY, COLLINS

Legislative Document 
No. 113 
H.P. 95 
House of Representatives, January 20, 2011 
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Provide 4-year Terms and a Term Limit of 2 Terms for 
Legislators 
Reference to the Committee on State and Local Government suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative CEBRA of Naples. 
Cosponsored by Representative BEAVERS of South Berwick, Senator THOMAS of Somerset 
and Representatives: GRAHAM of North Yarmouth, SARTY of Denmark, Senator: COLLINS 
of York. 
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. 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 and, beginning with the general election 
held in 2012, the election of Senators and Representatives 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; 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 2 4 years 
from the day next preceding the first Wednesday in December following the general 
election.  A person may not serve more than 2 consecutive terms in office.  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.  Election 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 
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 quadrennially 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 quadrennially following 
the general election, and they shall finally determine who are elected. 
Constitution, Art. IV, Pt. Second, §2, first ¶ 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 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. 
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 
quadrennially 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 in what shall be 
designated the second regular session of the Legislature; provided, however, that the shall 
further convene on the first Wednesday after the first Tuesday of January in the 
subsequent odd-numbered year in what shall be designated the third regular session of the 
Legislature; and shall further convene on the first Wednesday after the first Tuesday of 
January in the subsequent even-numbered year in what shall be designated the fourth 
regular session of the Legislature. 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 referred to committees for study and report by the Legislature in the first or 
electors under the provisions of Article IV, Part Third, Section 18.  The Legislature shall 
enact appropriate statutory limits on the length of the first, second, third and fourth 
regular session and of the second 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 majority of the Members 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-§1, 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 fourth 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. First, §3 is amended to read: 
Section 3.  Election; votes to be returned to Secretary of State; Secretary 
of State to lay lists before the Senate and House of Representatives; provision 
in case of tie.  The meetings for election of Governor shall be notified, held and 
regulated and votes shall be received, sorted, counted and declared and recorded, in the 
same manner as those for Senators and Representatives.  Copies of lists of votes shall be 
sealed and returned to the secretary's office in the same manner and at the same time as 
those for Senators.  The Secretary of State for the time being shall, on the first 
Wednesday after the first Tuesday of January then next, lay the lists returned to the 
secretary's office before the Senate and House of Representatives to be by them 
examined, together with the ballots cast if they so elect, and they shall determine the 
number of votes duly cast for the office of Governor, and in case of a choice by plurality 
of all of the votes returned they shall declare and publish the same.  If there shall be a tie 
between the 2 persons having the largest number of votes for Governor, the House of 
Representatives and the Senate meeting in joint session, and each member of said bodies 
having a single vote, shall elect one of said 2 persons having so received an equal number 
of votes and the person so elected by the Senate and House of Representatives shall be 
declared the Governor. 
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 to read: 
Section 1.  Election.  The Treasurer 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. IX, §4 is amended to read: 
Section 4.  Elections on the first Wednesday after first Tuesday of 
January may be adjourned from day to day.  In case the elections, required by this 
Constitution on the first Wednesday after the first Tuesday of January biennially 
quadrennially, by the 2 Houses of the Legislature, shall not be completed on that day, the 
same may be adjourned from day to day, until completed, in the following order:  The 
vacancies in the Senate shall first be filled; and the Governor shall then be elected, if 
there be no choice by the people. 
Constitution, Art. IX, §11 is amended to read: 
Section 11.  Attorney General.  The Attorney General shall be chosen biennially 
at the first and third regular sessions of the Legislature by joint ballot of the Senators and 
Representatives in convention.  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. 
Constitution, Art. X, §4 is amended to read: 
Section 4.  Amendments to Constitution.  The Legislature, whenever 2/3 of 
both Houses shall deem it necessary, may propose amendments to this Constitution; and 
when any amendments shall be so agreed upon, a resolution shall be passed and sent to 
the selectmen of the several towns, and the assessors of the several plantations, 
empowering and directing them to notify the inhabitants of their respective towns and 
plantations, in the manner prescribed by law, at the next biennial meetings in the month 
of November, or to meet in the manner prescribed by law for calling and holding biennial 
meetings of said inhabitants for the election of the Governor or Senators and 
Representatives, on the Tuesday following the first Monday of November following the 
passage of said resolve, to give in their votes on the question, whether such amendment 
shall be made; and if it shall appear that a majority of the inhabitants voting on the 
question are in favor of such amendment, it shall become a part of this Constitution. 
; 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 Senators and members of the House of Representatives from 2 years to 4 years 
for no more than 2 consecutive terms beginning in 2012 and to change the span of a 
single Legislature from 2 to 4 years?" 
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 terms of 
Senators and members of the House of Representatives to 4 years beginning with the 
statewide election in 2012 and to correspondingly increase the span of a single 
Legislature from 2 to 4 years.  It also proposes a term limit of no more than 2 consecutive 
terms.