Maine Legislature, Session 130, LD 0874
Committee: State and Local Government
Sponsors: BALDACCI, FAULKINGHAM, BENNETT, ANDREWS, TUELL

Legislative Document
No. 874
S.P. 288
In Senate, March 8, 2021
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Require the Popular Election of Maine Constitutional 
Officers
Reference to the Committee on State and Local Government suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BALDACCI of Penobscot.
Cosponsored by Representative FAULKINGHAM of Winter Harbor and
Senator: BENNETT of Oxford, Representatives: ANDREWS of Paris, TUELL of East 
Machias.
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. Second, §1 is amended to read:
Section 1.  Election.  The Secretary of State shall be chosen biennially at the first 
session of the Legislature, by joint ballot of the popular election on the same date and in 
the same manner as provided by this Constitution for the election of Senators and 
Representatives in convention.
Constitution, Art. V, Pt. Second, §1-A is amended to read:
Section 1-A.  Succession to the office of Secretary of State.  If a vacancy occurs 
in the office of the Secretary of State, the first deputy secretary of state shall act as the 
Secretary of State until a Secretary of State is elected by the Legislature during the current 
session if in session, or at the next regular or special session popular election.  A vacancy 
in the office of the Secretary of State may be filled by a new election.
Constitution, Art. V, Pt. Third, §1 is amended to read:
Section 1.  Election.  The Treasurer shall be chosen biennially, at the first session of 
the Legislature, by joint ballot of the popular election on the same date and in the same 
manner as provided by this Constitution for the election of Senators, and Representatives 
in convention.
Constitution, Art. V, Pt. Third, §1-A is amended to read:
Section 1-A.  Succession to the office of Treasurer.  If a vacancy occurs in the 
office of Treasurer of State, the deputy treasurer of state shall act as the Treasurer of State 
until a Treasurer of State is elected by the Legislature during the current session if in 
session, or at the next regular or special session popular election.  A vacancy in the office 
of Treasurer of State may be filled by a new election.
Constitution, Art. IX, §11 is amended to read:
Section 11.  Attorney General.  The Attorney General shall be chosen biennially 
by joint ballot popular election on the same date and in the same manner as provided by 
this Constitution for the election of the Senators and Representatives in convention.  
Vacancy in said office occurring when the Legislature is not in session, may be filled by 
appointment by the Governor, subject to confirmation as required by this Constitution for 
Justices of the Supreme Judicial Court.
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 the 
Secretary of State, the Treasurer of State and the Attorney General be 
elected by the people biennially in the same manner as members of the 
Senate and the House of Representatives?"
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 that provides for direct popular 
election beginning in 2022 of the Secretary of State, the Treasurer of State and the Attorney 
General biennially in the manner currently provided for Senators and Representatives.