Maine Legislature, Session 129, LD 0058
Committee: State and Local Government
Sponsors: NADEAU, CHENETTE, ALLEY, FECTEAU, HANINGTON, KINNEY, MASTRACCIO, FARRIN

Legislative Document
No. 58
H.P. 55
House of Representatives, January 15, 2019
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Extend the Terms of Legislators to 4 Years
Reference to the Committee on State and Local Government suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative NADEAU of Winslow.
Cosponsored by Senator CHENETTE of York and
Representatives: ALLEY of Beals, FECTEAU of Biddeford, HANINGTON of Lincoln, 
KINNEY of Knox, MASTRACCIO of Sanford, Senator: FARRIN of Somerset.
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 members of the House of 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 for Senators and members of 
the House of Representatives, the election of Senators and members of the House of 
Representatives and 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. First, §2 is amended to read:
Section 2.  Number of Representatives; 4-year terms; division of the State 
into districts for House of Representatives.  The House of Representatives shall 
consist of 151 members, to be elected by the qualified electors, and hold their office 2 
years from the day next preceding the first Wednesday in December following the 
general election, except that beginning with the general election held in 2022, they hold 
their office 4 years from the day next preceding the first Wednesday in December 
following the general election.  The Legislature which convenes in 2013, and also the 
Legislature which convenes in 2021 and every 10th year thereafter, shall cause the State 
to be divided into districts for the choice of one Representative for each district.  The 
number of Representatives shall be divided into the number of inhabitants of the State 
exclusive of foreigners not naturalized according to the latest Federal Decennial Census 
or a State Census previously ordered by the Legislature to coincide with the Federal 
Decennial Census, to determine a mean population figure for each Representative 
District.  Each Representative District shall be formed of contiguous and compact 
territory and shall cross political subdivision lines the least number of times necessary to 
establish as nearly as practicable equally populated districts.  Whenever the population of 
a municipality entitles it to more than one district, all whole districts shall be drawn 
within municipal boundaries.  Any population remainder within the municipality shall be 
included in a district with contiguous territory and shall be kept intact.
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 until the general election held in 2022 and quadrennially thereafter 
following the general election, shall issue a summons to such persons as shall appear to 
have been elected by a plurality 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 until the general election held in 2022 and quadrennially thereafter 
following the general election, and they shall finally determine who are elected.
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.
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 change the term of 
office for State Senators and members of the House of Representatives 
from 2 years to 4 years beginning in 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 increase the length of 
the terms of State Senators and members of the House of Representatives from 2 years to 
years beginning in 2022.