Maine Legislature, Session 129, LD 1565
Committee: Veterans and Legal Affairs
Sponsors: CHENETTE, BAILEY

Legislative Document
No. 1565
S.P. 501
In Senate, April 16, 2019
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Protect Voter-approved Measures
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 Representative: BAILEY of Saco.
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, §19 is amended to read:
Section 19.  Effective date of measures approved by people; veto power 
limited.  Any measure referred to the people and approved by a majority of the votes 
given thereon shall, unless a later date is specified in said measure, take effect and 
become a law in 30 days after the Governor has made public proclamation of the result of 
the vote on said measure, which the Governor shall do within 10 days after the vote 
thereon has been canvassed and determined; provided, however, that any such measure 
which entails expenditure in an amount in excess of available and unappropriated state 
funds shall remain inoperative until 45 days after the next convening of the Legislature in 
regular session, unless the measure provides for raising new revenues adequate for its 
operation.  The veto power of the Governor shall not extend to any measure approved by 
vote of the people, and any measure initiated by the people and passed by the Legislature 
without change, if vetoed by the Governor and if the veto is sustained by the Legislature 
shall be referred to the people to be voted on at the next general election.  A measure that 
takes effect and becomes a law pursuant to this section may be changed by the 
Legislature if the change clarifies or further advances the original intent of the measure.  
A change to such a measure made by the Legislature no later than one year after the 
measure takes effect that frustrates the effectuation or implementation of the measure 
does not go into effect until submitted to a vote of the electors and approved by a 
majority of those voting on the question.  The Legislature may enact measures expressly 
conditioned upon the people's ratification by a referendum vote.
Constitution, Art. IV, Pt. Third, §20 is amended to read:
Section 20.  Meaning of words "electors," "people," "recess of 
Legislature," "statewide election," "measure," "circulator," and "written 
petition"; written petitions for people's veto; written petitions for direct 
initiative.  As used in any of the 3 preceding sections or in this section the words 
"electors" and "people" mean the electors of the State qualified to vote for Governor; 
"recess of the Legislature" means the adjournment without day of a session of the 
Legislature; "statewide election" means any election held throughout the State on a 
particular day; "measure" means an Act, bill, resolve or resolution proposed by the 
people, or 2 or more such, or part or parts of such, as the case may be; "circulator" means 
a person who solicits signatures for written petitions, and who must be a resident of this 
State and whose name must appear on the voting list of the city, town or plantation of the 
circulator's residence as qualified to vote for Governor; "written petition" means one or 
more petitions written or printed, or partly written and partly printed, with the original 
signatures of the petitioners attached, verified as to the authenticity of the signatures by 
the oath of the circulator that all of the signatures to the petition were made in the 
presence of the circulator and that to the best of the circulator's knowledge and belief 
each signature is the signature of the person whose name it purports to be, and 
accompanied by the certificate of the official authorized by law to maintain the voting list 
or to certify signatures on petitions for voters on the voting list of the city, town or 
plantation in which the petitioners reside that their names appear on the voting list of the 
city, town or plantation of the official as qualified to vote for Governor.  The oath of the 
circulator must be sworn to in the presence of a person authorized by law to administer 
oaths.  Written petitions for a people's veto pursuant to Article IV, Part Third, Section 17 
must be submitted to the appropriate officials of cities, towns or plantations, or state 
election officials as authorized by law, for determination of whether the petitioners are 
qualified voters by the hour of 5:00 p.m., on the 5th day before the petition must be filed 
in the office of the Secretary of State, or, if such 5th day is a Saturday, a Sunday or a 
legal holiday, by 5:00 p.m., on the next day which is not a Saturday, a Sunday or a legal 
holiday.  Written petitions for a direct initiative pursuant to Article IV, Part Third, 
Section 18 must be submitted to the appropriate officials of cities, towns or plantations, or 
state election officials as authorized by law, for determination of whether the petitioners 
are qualified voters by the hour of 5:00 p.m., on the 10th day before the petition must be 
filed in the office of the Secretary of State, or, if such 10th day is a Saturday, a Sunday or 
a legal holiday, by 5:00 p.m., on the next day which is not a Saturday, a Sunday or a legal 
holiday.  Such officials must complete the certification of only those petitions submitted 
by these deadlines and must return them to the circulators or their agents within 2 days 
for a petition for a people's veto and within 5 days for a petition for a direct initiative, 
Saturdays, Sundays and legal holidays excepted, of the date on which such petitions were 
submitted to them.  Signatures on petitions not submitted to the appropriate local or state 
officials by these deadlines may not be certified.  The petition shall set forth the full text 
of the measure requested or proposed.  Petition forms shall be furnished or approved by 
the Secretary of State upon written application signed and notarized and submitted to the 
office of the Secretary of State by a resident of this State whose name must appear on the 
voting list of the city, town or plantation of that resident as qualified to vote for Governor.  
The Legislature may provide a process for the review of a measure requested or proposed 
before petition forms are furnished or approved by the Secretary of State.  The full text of 
a measure submitted to a vote of the people under the provisions of the Constitution need 
not be printed on the official ballots, but, until otherwise provided by the Legislature, the 
Secretary of State shall prepare the ballots in such form as to present the question or 
questions concisely and intelligibly.
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 a 
change made by the Legislature to a direct initiative no later than one 
year after the direct initiative takes effect that frustrates the 
implementation of the direct initiative does not go into effect until 
approved by the voters at referendum?"
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 an amendment to the Constitution of Maine to allow the 
Legislature to change a direct initiative approved by the voters at referendum if the 
change clarifies or further advances the original intent of the direct initiative.  A change 
to such a direct initiative made by the Legislature no later than one year after the direct 
initiative takes effect that frustrates the effectuation or implementation of the direct 
initiative does not go into effect until submitted to the voters at referendum and approved 
by a majority of those voting on the question.  The resolution also authorizes the 
Legislature to provide a process for the review of a direct initiative before petition forms 
are furnished or approved by the Secretary of State.