Maine Legislature, Session 130, LD 1529
Committee: Judiciary
Sponsors: O'NEIL, BAILEY, FAULKINGHAM

Legislative Document
No. 1529
H.P. 1133
House of Representatives, April 19, 2021
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Create a Right to Privacy
Received by the Clerk of the House on April 15, 2021.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative O'NEIL of Saco.
Cosponsored by Senator BAILEY of York and
Representative: FAULKINGHAM of Winter Harbor.
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. I, §1 is amended to read:
Section 1.  Natural rights.  All people are born equally free and independent, and 
have certain natural, inherent and unalienable rights, among which are those of enjoying 
and defending life and liberty, of acquiring, possessing and protecting property, of privacy 
and of pursuing and obtaining safety and happiness.
Constitution, Art. I, §5 is amended to read:
Section 5.  Unreasonable searches prohibited.  The people shall be secure in 
their persons, houses, papers and, possessions and electronic data and electronic 
communications from all unreasonable searches and seizures; and no warrant to search any 
place, or seize any person or thing, or access electronic data or electronic communications 
shall issue without a special designation of the place to be searched, and the person or thing 
to be seized, nor without probable cause -- supported by oath or affirmation.
Constitution, Art. I, §25 is enacted to read:
25.  Privacy.  All natural persons have an inherent right to privacy that is free from 
governmental and private intrusion.  The inherent right to privacy includes but is not limited 
to privacy of a natural person's personal life, personal communications, private affairs and 
personal thoughts or inner life.
A natural person's interaction with an Internet, communication or other electronic data 
service does not diminish the natural person's reasonable expectation of privacy.
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 a natural and 
inherent right to privacy in which a natural person is free from 
governmental and private intrusion, including but not limited to privacy of 
a natural person's personal life, personal communications, private affairs 
and personal thoughts or inner life, and that is not diminished by a person's 
interaction with an Internet, communication or other electronic data 
service and requires a warrant prior to government access of a person's 
electronic data and electronic communications?"
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 by creating a natural and 
inherent right to privacy in which a person's personal life and affairs are free from 
governmental and private intrusion and not diminished by a person's interaction with an 
Internet, communication or other electronic data service and that requires a warrant prior 
to government access of a person's electronic data and electronic communications.