Maine Legislature, Session 126, LD 0489
Committee: State and Local Government
Sponsors: SCHNECK, COOPER, DILL, KNIGHT, KORNFIELD, LONGSTAFF, SAUCIER, VEROW, YOUNGBLOOD

Legislative Document 
No. 489 
H.P. 339 
House of Representatives, February 14, 2013 
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Increase the Lengths of Terms of Members of the 
Legislature 
Reference to the Committee on State and Local Government suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative SCHNECK of Bangor. 
Cosponsored by Representatives: COOPER of Yarmouth, DILL of Old Town, KNIGHT of 
Livermore Falls, KORNFIELD of Bangor, LONGSTAFF of Waterville, SAUCIER of Presque 
Isle, VEROW of Brewer, Senator: YOUNGBLOOD of Penobscot. 
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 members of the House of Representatives shall be on the Tuesday following the first 
Monday of November biennially forever and the, except as provided in this section.  
Beginning with the general election held in 2016, the election of Senators and members 
of the House of Representatives shall be on the Tuesday following the first Monday of 
November every 4 years.  The election of Governor 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, as amended by CR 2011, c. 1, is further 
amended to read: 
Section 2.  Number of Representatives; 4-year 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.  The Legislature which convenes in 2013, and also the Legislature 
which convenes in 2021 and every 10th 12th 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, §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 until the 
election held in 2016 and quadrennially thereafter 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. V, Pt. First, §14, first ¶ is amended to read: 
Section 14.  Vacancy, how supplied.  Whenever the office of Governor shall 
become vacant because of the death, resignation or removal of a Governor in office, or 
any other cause, the President of the Senate shall assume the office of Governor until 
another Governor shall be duly qualified.  When the vacancy occurs more than 90 days 
preceding the date of the primary election for nominating candidates to be voted for at the 
biennial election next succeeding, the President of the Senate shall assume the office of 
Governor until the first Wednesday after the first Tuesday of January following the 
biennial election.  At the biennial election, a Governor shall be elected to fill the 
unexpired term created by the vacancy.  When the vacancy occurs less than 90 days 
preceding the date of a primary election the President of the Senate shall fill the 
unexpired term. 
Constitution, Art. VI, §6 is amended to read: 
Section 6.  Judges and registers of probate, election and tenure; vacancies.  
Judges and registers of probate shall be elected by the people of their respective counties, 
by a plurality of the votes given in, at the biennial election on the Tuesday following the 
first Monday of November, and shall hold their offices for 4 years, commencing on the 
first day of January next after their election.  Vacancies occurring in said offices by death, 
resignation or otherwise, shall be filled by election in manner aforesaid at the November 
election, next after their occurrence; and in the meantime, the Governor may fill said 
vacancies by appointment, and the persons so appointed shall hold their offices until the 
first day of January next after the election aforesaid. 
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. 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 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 beginning in 2016?" 
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 increase the length of 
the terms of State Senators and members of the House of Representatives from 2 years to 
years beginning in 2016.