Maine Legislature, Session 129, LD 1196
Committee: Veterans and Legal Affairs
Sponsors: CHENETTE, MIRAMANT, ACKLEY, KESSLER, WARREN, FECTEAU, CHIPMAN, JACKSON, LUCHINI, MAXMIN, PEBWORTH, RYKERSON

Legislative Document
No. 1196
S.P. 371
In Senate, March 12, 2019
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Implement Ranked-choice Voting
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CHENETTE of York.
Cosponsored by Senator MIRAMANT of Knox, Representatives: ACKLEY of Monmouth, 
KESSLER of South Portland, McLEAN of Gorham, WARREN of Hallowell, Representative 
FECTEAU of Biddeford and
Senators: CHIPMAN of Cumberland, President JACKSON of Aroostook, LUCHINI of 
Hancock, Representatives: MAXMIN of Nobleboro, PEBWORTH of Blue Hill, RYKERSON 
of Kittery.
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.  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 majority 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, §§4 and 5 are 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 majority of the 
votes in each senatorial district, to attend that day and take their seats.
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 majority 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 majority 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, §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 
majority of all of the votes returned they shall declare and publish the same.  If there shall 
be a tie between the 2 persons having the largest number of votes for Governor, 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.
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 candidates 
for the political offices of Governor, State Senator and State 
Representative to be elected by a majority of the votes cast for that 
office?"
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.
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 candidates for 
the political offices of Governor, State Senator and State Representative to be elected by 
a majority of the votes cast for that office.