Maine Legislature, Session 125, LD 0607
Committee: State and Local Government
Sponsors: SAVIELLO

Legislative Document 
No. 607 
S.P. 187 
In Senate, February 17, 2011 
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Require the Governor To Be Elected by a Majority Vote 
Reference to the Committee on State and Local Government suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator SAVIELLO of Franklin. 
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. 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 no person received 
more than 50% of the votes duly cast for the office of Governor, the Senate and House of 
Representatives meeting in joint session shall order a runoff, to be held within 2 weeks, 
between the 2 persons who received the largest number of votes duly cast for the office of 
Governor.  The person who receives the larger number of votes in the run-off election is 
declared the Governor.  If there shall be a tie between the 2 persons having the largest 
number of votes for Governor in the run-off election, 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. 
; 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 require a run-off 
election between the 2 candidates for Governor who received the largest 
number of votes in a gubernatorial election if no candidate received more 
than 50% of the votes?" 
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 require that a 
candidate for Governor receive more than 50% of the votes cast to be elected.  Currently, 
the candidate who receives the largest number of votes, regardless of that number's 
percentage of the total number of votes cast, becomes Governor.  This resolution requires 
a run-off election between the 2 persons who received the largest number of votes when 
no candidate received more than 50% of the total number of votes cast.  The person who 
receives the larger number of votes in the run-off election is declared Governor.