Maine Legislature, Session 130, LD 0442
Committee: State and Local Government
Sponsors: SYLVESTER, CUDDY

Legislative Document
No. 442
H.P. 318
House of Representatives, February 16, 2021
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Create the Office of Lieutenant Governor
Received by the Clerk of the House on February 11, 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 SYLVESTER of Portland.
Cosponsored by Representative: CUDDY of Winterport.
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. Fourth, is enacted to read: 
Part Fourth.
Lieutenant Governor.
Section 1.  Election.  The Lieutenant Governor must be elected by the qualified 
electors, and shall hold the office for 4 years from the first Wednesday after the first 
Tuesday of January next following the elections and until the successor to the Lieutenant 
Governor has been duly elected and qualified.  The person who has served 2 consecutive 
popular elective 4-year terms of office as the Lieutenant Governor is ineligible for a 
successive term.  The election for the Lieutenant Governor must occur in the same year as 
the election of the Governor.
Section 2.  Election; votes to be returned to Secretary of State; Secretary of 
State to lay lists before the Senate and House of Representatives; provision in 
case of tie.  The meetings for election of the Lieutenant Governor must be notified, held 
and regulated and votes received, sorted, counted and declared and recorded in the same 
manner as those for Senators and Representatives.  Copies of lists of votes must be sealed 
and returned to the Secretary of State's office in the same manner and at the same time as 
those for Senators.  The Secretary of State shall, on the first Wednesday after the first 
Tuesday of January then next, lay the lists returned to the secretary's office before the 
Senate and House of Representatives to be by them examined, together with the ballots cast 
if they so elect, and they shall determine the number of votes duly cast for the office of 
Lieutenant Governor, and in case of a choice by plurality of all of the votes returned they 
shall declare and publish the same.  If there is a tie between the 2 persons having the largest 
number of votes for Lieutenant Governor, the House of Representatives and the Senate 
meeting in joint session and each member of the bodies having a single vote, shall elect 
one of the 2 persons having so received an equal number of votes, and the person so elected 
by the Senate and House of Representatives must be declared the Lieutenant Governor.
Section 3.  Qualifications.  The Lieutenant Governor must, at the commencement 
of the Lieutenant Governor's term, be not less than 30 years of age; be a citizen of the 
United States for at least 15 years; have been 5 years a resident of the State; and at the time 
of election and during the term for which elected, be a resident of the State.
Section 4.  Disqualifications.  No person holding any office or place under the 
United States, this State or any other power may assume the office of Lieutenant Governor, 
nor may any such person exercise the office of Lieutenant Governor except as provided by 
this Constitution.
Section 5.  Compensation.  The Lieutenant Governor must, at stated times, receive 
for services a compensation, which may not be increased or diminished during the 
Lieutenant Governor's continuance in office.
Section 6.  To assist the Governor.  The Lieutenant Governor shall assist the 
Governor in the performance of the Governor's duties as requested by the Governor.
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 create the office of 
Lieutenant Governor to assist the Governor in the performance of the 
Governor's duties?"
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 amends the Constitution of Maine to create the office of Lieutenant 
Governor, to assist the Governor in the performance of the Governor's duties.