Maine Legislature, Session 128, LD 1411
Committee: Veterans and Legal Affairs
Sponsors: BRAKEY, CUSHING, DESCHAMBAULT, HILL, LIBBY, MASON, DENNO, GROHMAN

Legislative Document
No. 1411
S.P. 489
In Senate, April 11, 2017
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Limit Petitions for Direct Initiatives That Would Violate 
the Constitution of Maine
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator BRAKEY of Androscoggin.
Cosponsored by Senators: CUSHING of Penobscot, DESCHAMBAULT of York, HILL of 
York, LIBBY of Androscoggin, MASON of Androscoggin, Representatives: CASÁS of 
Rockport, DENNO of Cumberland, GROHMAN of Biddeford.
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. Third, §18, sub-§1 is amended by adding at the end a 
new paragraph to read: 
No later than 10 days after the filing of a written petition in the office of the Secretary 
of State pursuant to this subsection, the Governor, Attorney General, Legislature by a 1/3 
vote of both Houses or at least 500 electors by petition filed in the office of the Secretary 
of State may request an opinion of the Justices of the Supreme Judicial Court on whether 
the bill, resolve or resolution proposed by electors to the Legislature would, if passed and 
implemented, violate this Constitution in any manner, including, but not limited to, the 
restriction or abridgment of the rights of citizens expressly declared in this Constitution.  
The Justices of the Supreme Judicial Court shall issue their opinion no later than 30 days 
after a request is made.  The Secretary of State shall reject a written petition if a majority 
of the Justices of the Supreme Judicial Court determines that the bill, resolve or 
resolution proposed by electors would, if passed and implemented, violate 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 require the 
Secretary of State to reject a petition for a direct initiative of legislation 
if, upon request of the Governor, Attorney General, Legislature or at least 
electors of this State, a majority of the Justices of the Supreme 
Judicial Court determines that the initiative would, if passed and 
implemented, violate the Constitution of Maine?" 
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 allow the Governor, 
Attorney General, Legislature by a 1/3 vote of both Houses or at least 500 electors by 
petition filed in the office of the Secretary of State to request an opinion of the Justices of 
the Supreme Judicial Court on whether a bill, resolve or resolution proposed by electors 
to the Legislature would, if passed and implemented, violate the Constitution of Maine in 
any manner, including, but not limited to, the restriction or abridgement of the rights of 
citizens expressly declared in the Constitution of Maine.  The Secretary of State must 
reject a petition if a majority of the Justices of the Supreme Judicial Court determines that 
the bill, resolve or resolution proposed by electors would, if passed and implemented, 
violate the Constitution of Maine.