Maine Legislature, Session 126, LD 0856
Committee: State and Local Government
Sponsors: BROOKS, TUTTLE, CHIPMAN, EVANGELOS, FARNSWORTH, LIBBY, RUSSELL, VEROW, HASKELL

Legislative Document 
No. 856 
H.P. 607 
House of Representatives, March 6, 2013 
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Require State Officers To Be Elected by a Majority of 
Voters 
Reference to the Committee on State and Local Government suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative BROOKS of Winterport. 
Cosponsored by Senator TUTTLE of York and 
Representatives: CHIPMAN of Portland, EVANGELOS of Friendship, FARNSWORTH of 
Portland, LIBBY of Lewiston, RUSSELL of Portland, VEROW of Brewer, Senator: 
HASKELL of Cumberland. 
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. 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.  If no person 
received more than 50% of the votes duly cast for the office of Representative in a 
district, the House of Representatives shall order a run-off election, to be held within 2 
weeks of the date of the order, between the 2 persons who received the largest number of 
votes duly cast for the office of Representative in that district.  The person who receives 
the larger number of votes in the run-off election is declared the Representative for that 
district.  The Governor shall examine the returned copies of such lists and 7 days before 
the first Wednesday of December biennially, shall issue a summons to such persons as 
shall appear to have been elected by a plurality more than 50% 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, and they shall finally 
determine who are elected. 
Constitution, Art. IV, Pt. Second, §3 is amended to read: 
Section 3.  Election of Senators; lists of votes delivered forthwith.  The 
meetings within this State for the election of Senators shall be notified, held and regulated 
and the votes received, sorted, counted, declared and recorded, in the same manner as 
those for Representatives.  Fair copies of the lists of votes shall be attested by the clerks 
of the cities and towns or other duly authorized officials and sealed up in open meetings 
and such officials shall cause said lists to be delivered into the office of the Secretary of 
State forthwith.  If no person received more than 50% of the votes duly cast for the office 
of Senator in a district, the Senate shall order a run-off election, to be held within 2 weeks 
of the date of the order, between the 2 persons who received the largest number of votes 
duly cast for the office of Senator in that district.  The person who receives the larger 
number of votes in the run-off election is declared the Senator for that district. 
Constitution, Art. IV, Pt. Second, §4 is amended to read: 
Section 4.  Lists of votes examined by Governor; summons to persons who 
appear to be elected.  The Governor shall, as soon as may be, examine the copies of 
such lists, and at least 7 days before the said first Wednesday of December, issue a 
summons to such persons, as shall appear to be elected by a plurality more than 50% of 
the votes in each senatorial district, to attend that day and take their seats. 
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 
determine who is elected by a plurality more than 50% of the 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 more than 50% of the 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, §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 run-off election, to be held within 2 
weeks of the date of the order, 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 the office of Governor, State 
Senator or State Representative who received the most votes in an 
election in which 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 the office of Governor, State Senator or State Representative 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, is elected.  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 the winner.