Maine Legislature, Session 125, LD 1572
Committee: State and Local Government
Sponsors: PLOWMAN, FREDETTE, BARTLETT, GOODALL, RAYE, THOMAS

Legislative Document 
No. 1572 
S.P. 504 
In Senate, May 16, 2011 
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 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on State and Local Government suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator PLOWMAN of Penobscot. 
Cosponsored by Representative FREDETTE of Newport and 
Senators: BARTLETT of Cumberland, GOODALL of Sagadahoc, President RAYE of 
Washington, THOMAS of Somerset. 
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 popular election on the same date and in 
the same manner as provided by this Constitution for the election of Senators and 
Representatives in convention. 
Constitution, Art. V, Pt. Second, §1-A is amended to read: 
Section 1-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 term.  If the vacancy occurs more than 
days before the primary election for nominating candidates to be voted for at the next 
biennial election, the vacancy must be filled by the first deputy secretary of state until the 
first Wednesday after the first Tuesday in January following the biennial election.  At the 
biennial 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 popular election on the same date and in the same 
manner as provided by this Constitution for the election of Senators, and Representatives 
in convention. 
Constitution, Art. V, Pt. Third, §1-A is amended to read: 
Section 1-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 biennial election, 
the vacancy must be filled by the deputy treasurer of state until the first Wednesday after 
the first Tuesday in January following the biennial election.  At the biennial election, a 
Treasurer of State must be elected to fill the unexpired term created by the vacancy. 
Constitution, Art. IX, §11 is amended to read: 
Section 11.  Attorney General.  The Attorney General shall be chosen biennially 
by joint ballot popular election on the same date and in the same manner as provided by 
this Constitution for the election 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. IX, §24 is enacted to read: 
Section 24.  State Auditor; vacancy.  Beginning in 2012 and every 4 years 
thereafter, the State Auditor 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 that office may be filled by appointment by the Governor, 
subject to confirmation as required by this Constitution for Justices of the Supreme 
Judicial Court; the appointee serves only until the next general election, at which point 
the vacancy must be filled for the balance of the term, if any, as provided in this section. 
; 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 the 
Secretary of State, the Treasurer of State and the Attorney General be 
elected by the people biennially and that the State Auditor be elected by 
the people every 4 years in the same manner as members of the Senate 
and the 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 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 a constitutional amendment that provides for direct popular 
election beginning in 2012 of the Secretary of State, the Treasurer of State and the 
Attorney General biennially and for direct popular election of the State Auditor every 4 
years in the manner currently provided for Senators and Representatives.