Maine Legislature, Session 130, LD 1187
Committee: State and Local Government
Sponsors: MARTIN

Legislative Document
No. 1187
H.P. 865
House of Representatives, March 22, 2021
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine Amending the Pardon Powers of the Governor
Received by the Clerk of the House on March 18, 2021.  Referred to the Committee on 
State and Local Government pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative MARTIN of Eagle Lake.
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. V, Pt. First, §11 is amended to read:
Section 11.  Power to pardon and remit penalties, etc.; conditions.  The 
Governor shall have power after advice from a body created by law and after public notice 
to remit after conviction all forfeitures and penalties, and to grant reprieves, commutations 
and pardons, except in cases of impeachment, upon and except during the last 6 months of 
each 4-year term of office of the Governor, during which time no reprieves, commutations 
or pardons may be granted.  The Governor may impose such conditions, and with such 
restrictions and limitations as may be deemed proper, subject to such regulations as may 
be provided by law, relative to the manner of applying for pardons.  Such power to grant 
reprieves, commutations and pardons shall include offenses of juvenile delinquency.
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 the Governor 
to receive advice from a body created by law and give public notice before 
granting a pardon, reprieve or commutation and to prohibit the Governor 
from granting a pardon, reprieve or commutation during the last 6 months 
of each 4-year term of office of the Governor?"
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 a constitutional amendment to require the Governor to receive 
advice from a body created by law and give public notice before granting a pardon, reprieve 
or commutation and to prohibit the Governor from granting a pardon, reprieve or 
commutation during the last 6 months of each 4-year term of office of the Governor.