Maine Legislature, Session 129, LD 1669
Committee: Veterans and Legal Affairs
Sponsors: O'CONNOR, FOLEY, BRADSTREET, HAGGAN, JOHANSEN, SAMPSON, STEWART, DOW, TIMBERLAKE

Legislative Document
No. 1669
H.P. 1196
House of Representatives, May 2, 2019
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Help Ensure That Direct Initiatives of Legislation Are 
Compatible with the Constitution of Maine and Statutory Law
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative O'CONNOR of Berwick.
Cosponsored by Senator FOLEY of York and
Representatives: BRADSTREET of Vassalboro, DeVEAU of Caribou, HAGGAN of 
Hampden, JOHANSEN of Monticello, SAMPSON of Alfred, STEWART of Presque Isle, 
Senators: DOW of Lincoln, TIMBERLAKE of Androscoggin.
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, §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 may 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, the office of the Governor, the office of the Attorney 
General and the Legislature 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 Secretary of State, the Governor, the Attorney General and the Legislature shall 
review a measure requested or proposed and determine whether the measure is 
compatible with the Constitution and statutory law.  If the Secretary of State, the 
Governor, the Attorney General or the Legislature determines that the measure is not 
compatible with the Constitution or statutory law, the Secretary of State may not furnish 
or approve petition forms for the measure.  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 establish a process 
to help ensure that direct initiatives of legislation are compatible with the 
Constitution of Maine and statutory law?"
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 that a person 
who requests a petition form for a direct initiative of legislation must submit a written 
application for a petition form to the office of the Secretary of State, the office of the 
Governor, the office of the Attorney General and the Legislature.  The Secretary of State, 
the Governor, the Attorney General and the Legislature must review a direct initiative of 
legislation and determine whether it is compatible with the Constitution of Maine and 
statutory law.  If the Secretary of State, the Governor, the Attorney General or the 
Legislature determines that the measure is not compatible with the Constitution of Maine 
or statutory law, the Secretary of State may not furnish or approve petition forms for the 
direct initiative of legislation.