Maine Legislature, Session 129, LD 1489
Committee: Veterans and Legal Affairs
Sponsors: HUTCHINS, LOCKMAN, LYFORD, STEARNS

Legislative Document
No. 1489
H.P. 1091
House of Representatives, April 4, 2019
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine Regarding the Election of Senators
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HUTCHINS of Penobscot.
Cosponsored by Representatives: LOCKMAN of Bradley, LYFORD of Eddington, STEARNS 
of Guilford.
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 Representatives shall be on the Tuesday following the first Monday of November 
biennially forever and the election of, except as provided in this section.  Beginning with 
the general election held in 2022, the election of Senators and the 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. Second, §1 is amended to read:
Section 1.  Number of Senators.  The Senate shall consist of an odd number of 
Senators, not less than 31 nor more than 35, except that, on or after December 7, 2022, 
the Senate shall consist of 32 Senators, elected at the same time and for the same term as 
Representatives by the qualified electors of the districts into which the State shall be from 
time to time divided except that beginning with the general election held in 2022, 
Senators are elected as provided in Article II, Section 4.
Constitution, Art. IV, Pt. Second, §2, first ¶ is amended to read:
Section 2.  Submission of reapportionment plan to Secretary of Senate; 
Legislature's action on commission's plan; division of State into Senatorial 
Districts; division by Supreme Judicial Court.  The Legislature which shall 
convene in the year 2013, and also the Legislature which shall convene in the year 2021 
and every tenth year thereafter, shall cause the State to be divided into districts for the 
choice of a Senator from each district, using the same method as provided in Article IV, 
Part First, Section 2 for apportionment of Representative Districts, and the Legislature 
which shall convene on January 5, 2022 shall reapportion the State so that the Senatorial 
Districts coincide with the counties of the State, resulting in the voters of each county 
having the right to vote for 2 Senators.
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 
general election held in 2022 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. IV, Pt. Third, §1-A, last indented ¶ is amended to read:
Public members of the commission shall receive the same rate of per diem that is paid 
to Legislators for every day's attendance at special sessions of the Legislature as defined 
by law.  All members of the commission shall be reimbursed for actual travel expenses 
incurred in carrying out the business of the commission.  The Legislature which is 
required to apportion shall establish a budget for the apportioning commission within the 
state budget document in the fiscal year previous to the fiscal year during which the 
apportioning commission is required to convene and shall appropriate sufficient funds for 
the commission to satisfactorily perform its duties and responsibilities except that the 
Legislature which is required to apportion and which convenes on January 5, 2022 is not 
required to so establish a budget for the apportioning commission.  The budget shall 
include sufficient funds to compensate the chairperson of the commission and the 
chairperson's staff.  The remainder of the appropriation shall be made available equally 
among the political parties represented on the commission to provide travel expenses, 
incidental expenses and compensation for commission members and for partisan staff and 
operations.
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 reduce the size of 
the Senate from no more than 35 members to 32 members by 
reapportioning senatorial districts to coincide with the counties of the 
State and to increase the Senate term from 2 to 4 years, effective 
December 7, 2022?"
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 reduce the size of the 
Senate from no more than 35 members to 32 members as a result of reapportioning to 2 
Senators per county.  The resolution also requires the redrawing of district lines in 2022.  
The resolution increases the Senate term from 2 to 4 years.