Maine Legislature, Session 126, LD 1279
Committee: State and Local Government
Sponsors: CUSHING, CHENETTE, CHIPMAN, FREDETTE, GOODALL, KATZ, THIBODEAU, YOUNGBLOOD, WILLETTE, WINSOR

Legislative Document 
No. 1279 
S.P. 441 
In Senate, April 2, 2013 
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Provide for the Popular Election of the Secretary of State, 
Attorney General and Treasurer of State 
Reference to the Committee on State and Local Government suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator CUSHING of Penobscot. 
Cosponsored by Representatives: CHENETTE of Saco, CHIPMAN of Portland, 
Representative FREDETTE of Newport and 
Senators: GOODALL of Sagadahoc, KATZ of Kennebec, THIBODEAU of Waldo, 
YOUNGBLOOD of Penobscot, Representatives: WILLETTE of Mapleton, WINSOR of 
Norway. 
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 Beginning in 2014 and every 4 years 
thereafter, the Attorney General shall must 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. 
; 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 and the Treasurer of State be elected by the people 
biennially and that the Attorney General 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 2014 of the Secretary of State and the Treasurer of State biennially 
and for direct popular election of the Attorney General every 4 years in the manner 
currently provided for Senators and Representatives.