Resolve, Approving the 2024 Draft and Arrangement of the Constitution of Maine Incorporating Amendments Approved at Referendum in 2023 and Providing for Its Publication and Distribution!,
Maine Legislature, Session 131, LD 2291
House Amendment HA_A_H983 (House)

HOUSE AMENDMENT «A" to H.P. 1480, L.D. 2291, "Resolve, Approving the 
2024 Draft and Arrangement of the Constitution of Maine Incorporating Amendments 
Approved at Referendum in 2023 and Providing for Its Publication and Distribution!, 
Amend the resolve by striking out all of Appendix A and inse1ting the following: 
'APPENDIX A 
CONSTITUTION OF THE STATE OF MAINE 
(Arranged by the Chief Justice of the Maine Supreme Judicial Court 
pursuant to the Constitution of Maine, Article X, Section 6 
and Resolves 2023, c. 127, with 2024 Rearrangement Notes) 
(Includes CR 2023, c. 1 and CR. 2023, c. 2) 
PREAMBLE. 
Objects of government. We the people of Maine, in order to establish justice, 
insure tranquility, provide for our mutual defense, promote our common welfare, and 
secure to ourselves and our posterity the blessings of liberty, acknowledging with 
grateful heruts the goodness of the Sovereign Ruler of the Universe in affording us an 
opportunity, so favorable to the design; and, imploring God's aid and direction in its 
accomplishment, do agree to form ourselves into a free and independent State, by the 
style and title of the State of Maine and do ordain and establish the following 
Constitution for the government of the same, 
Article I. 
Declaration of Rights. 
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 
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enjoying and defending life and liberty, acquiring, possessing and protecting property, 
and of pursuing and obtaining safety and happiness. 
Section 2. Power inherent in people. All power is inhel'ent in the people; all 
free governments are founded in their authority and instituted for their benefit; they 
have therefore an unalienable and indefeasible right to institute government, and to 
alter, reform, or totally change the same, when their safety and happiness require it. 
Section 3. Religious freedom; sects equal; religious tests prohibited; 
religious teachers. All individuals have a natural and unalienable right to worship 
Almighty God according to the dictates of their own consciences, and no person shall 
be hurt, molested or restrained in that person's liberty or estate for worshipping God in 
the manner and season most agreeable to the dictates of that person's own conscience, 
nor for that person's religious professions or sentiments, provided that that person does 
not disturb the public peace, nor obstruct others in their religious worship; -- and all 
persons demeaning themselves peaceably, as good members of the State, shall be 
equally under the protection of the laws, and no subordination nor preference of any 
one sect or denomination to another shall ever be established by law, nor shall any 
religious test be required as a qualification for any office or trust, under this State; and 
all religious societies in this State, whether incorporate or unincorporate, shall at all 
times have the exclusive right of electing their public teachers, and contracting with 
them for their support and maintenance. 
Section 4. Freedom of speech ancl publication; libel; truth given in 
evidence; jury determines law and fact. Every citizen may freely speak, write and 
publish sentiments on any subject, being responsible for the abuse of this liberty; no 
laws shall be passed regulating or restraining the freedom of the press; and in 
prosecutions for any publication respecting the official conduct of people in public 
capacity, or the qualifications of those who are candidates for the suffrages of the 
people, 01· where the matter published is proper for public information, the truth thereof 
may be given in evidence, and in all indictments for libels, the jury, after having 
received the direction of the court, shall have a right to determine, at their discretion, 
the law and the fact. 
Section 5, Unreasonable searches prohibited. The people shall be secure in 
their persons, houses, papers and possessions from all unreasonable searches and 
seizures; and no warrant to search any place, or seize any person or thing, 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. 
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Section 6, Rights of persons accused, In all criminal prosecutions, the 
accused shall have a right to be heard by the accused and counsel to the accused, or 
either, at the election of the accused; 
To demand the nature and cause of the accusation, and have a copy thereof; 
To be confronted by the witness<::s against the accused; 
To have compulsory process for obtaining witnesses in favor of the accused; 
To have a speedy, public and impartial trial, and, except in trials by martial law 
or impeachment, by a jury of the vicinity. The accused shall not be compelled to furnish 
or give evidence against himself or herself, nor be deprived of life, libe1ty, property or 
privileges, but by judgment of that person's peers or the law of the land. 
Section 6-A. Discrimination against persons prohibited, No person shall be 
deprived of life, liberty or property without due process of law, nor be denied the equal 
protection of the laws, nor be denied the enjoyment of that person's civil rights or be 
discriminated against in the exercise thereof. 
Section 7. No person to answer to certain crimes but on indictment; 
exceptions; juries, No person shall be held to answer for a capital or infamous crime, 
unless on a presentment or indictment of a grand jury, except in cases of impeachment, 
or in such cases of offenses, as are usually cognizable by a justice of the peace, or in 
cases arising in the army or navy, or in the militia when in actual service in time of wa1· 
or public danger. The Legislature shall provide by Jaw a suitable and impartial mode 
of selecting juries, and their usual number and unanimity, in indictments and 
convictions, shall be held indispensable, 
Section 8. No double jeopardy. No person, for the same offense, shall be 
twice put in jeopardy of life or limb, 
Section 9, Sanguinary laws, excessive bail, cruel or unusual punishments 
prohibited. Sanguinary laws shall not be passed; all penalties and punishments shall 
be proportioned to the offense; excessive bail shall not be required, nor excessive fines 
imposed, nor cruel nor unusual punishments inflicted. 
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Section 10, Bailable offenses; habeas corpus, No person before conviction 
shall be bailable for any of the crimes which now are, or have been denominated capital 
offenses since the adoption of the Constitution, when the proof is evident or the 
presumption great, whatever the punishment of the crimes may be. And the privilege 
of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion 
or invasion the public safety may require it. 
Section 11, Attainder, ex post facto and contract-impairment laws 
prohibited. The Legislature shall pass no bill of attainder, ex post facto law, nor law 
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impairing the obligation of contracts, and no attainder shall work corruption of blood 
nor forfeiture of estate. 
Section 12. Treason; testimony of 2 witnesses, Treason against this State 
shall consist only in levying war against it, adhering to its enemies, giving them aid and 
comfort. No person shall be convicted of treason unless on the testimony of2 witnesses 
to the same overt act, or confession in open court. 
Section 13. Suspension of laws. The laws shall not be suspended but by the 
Legislature or its authority. 
Section 14. Corporal punishment under military law. No person shall be 
subject to corporal punishment under military law, except such as are employed in the 
army or navy, or in the militia when in actual service in time of war or public danger. 
Section 15. Right of petition. The people have a right at all times in an orderly 
and peaceable manner to assemble to consult upon the common good, to give 
instructions to their representatives, and to request, of either depa1tment of the 
government by petition or remonstrance, redress of their wrongs and grievances. 
Section 16. To keep and bear arms. Every citizen has a right to keep and 
bear arms and this right shall never be questioned. 
Section 17, Standing armies. No standing army shall be kept up in time of 
peace without the consent of the Legislature, and the military shall, in all cases, and at 
all times, be in strict subordination to the civil power. 
Section 18. Quartering of soldiers on citizens. No soldier shall in time of 
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peace be quartered in any house without the consent of the owner or occupant, nor in 
time of war, but in a manner to be prescribed by law. 
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Section 19. Right of redress for injuries. Every person, for an injury inflicted 
on the person or the person's reputation, property or immunities, shall have remedy by 
due course of law; and right and justice shall be administered freely and without sale, 
completely and without denial, promptly and without delay, 
Section 20. Trial by jury. In all civil suits, and in all controversies concerning 
property, the patties shall have a right to a trial by jury, except in cases where it has 
heretofore been otherwise practiced; the party claiming the right may be heard by 
himself or herself and with counsel, or either, at the election of the party. 
Section 21. Private property, when to be taken. Private prope1iy shall not 
be taken for public uses without just compensation; nor unless the public exigencies 
require it. 
Section 22. Taxes. No tax or duty shall be imposed without the consent of the 
people or of their representatives in the Legislature. 
Section 23. Title of nobility prohibited; tenure of offices. No title of nobility 
or hereditary distinction, privilege, honor or emolument, shall ever be granted or 
confirmed, nor shall any office be created, the appointment to which shall be for a 
longer time than during good behavior. 
Section 24. Other rights not impaired. The enumeration of certain rights 
shall not impair nor deny others retained by the people. 
Section 25. Right to food. All individuals have a natural, inherent and 
unalienable right to food, including the right to save and exchange seeds and the right 
to grow, raise, harvest, produce and consume the food of their own choosing ~or their 
own nourishment, sustenance, bodily health and well-being, as long as an individual 
does not commit trespassing, theft, poaching or other abuses of private property rights, 
public lands or natural resources in the harvesting, production or acquisition of food, 
Article II. 
Electors. 
Section 1. Qualifications of electors; written ballot; military servicemen; 
students. Every citizen of the United States of the age of 18 years and upwards, 
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excepting persons under guardianship for reasons of mental illness, having his or her 
residence established in this State, shall be an elector for Governor, Senators and 
Representatives, in the city, town or plantation where his or her residence has been 
established, if he or she continues to reside in this State; and the elections shall be by 
written ballot. But persons in the military, naval or marine service of the United States, 
or this State, shall not be considered as having obtained such established residence by 
being stationed in any garrison, barrack or military place, in any city, town or 
plantation; nor shall the residence of a student at any seminary of learning entitle the 
student to the right of suffrage in the city, town or plantation where such seminary is 
established. No person, however, shall be deemed to have lost residence by reason of 
the person's absence from the state in the military service of the United States, or of this 
State. 
Indians. Every Indian, residing on tribal reservations and otherwise qualified, 
shall be an elector in all county, state and national elections. 
Section 2. Electors exempt from arrests on election days. Electors shall, in 
all cases, except treason, felony or breach of the peace, be privileged from arrest on the 
days of election, during their attendance at, going to, and returning therefrom. 
Section 3. Exemption from military duty. No elector shall be obliged to do 
duty in the militia on any day of election, except in time of war or public danger. 
Section 4. Time of state election; absentee voting, The election of Senators 
and Representatives shall be on the Tuesday following the first Monday of November 
biennially forever and the election of Governor shall be on the Tuesday following the 
first Monday ofNovember 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. 
Section 5. Voting machines. Voting machines, or other mechanical devices 
for voting, may be used at all elections under such regulations as may be prescribed by 
law, provided, however, the right of secret voting shall be preserved. 
Article III. 
Distribution of Powers. 
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Section 1. Powers distributed, The powers of this government shall be 
divided into 3 distinct departments, the legislative, executive and judicial. 
Section 2. To be kept separate, No person or persons, belonging to one of 
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these depal'ttnents, shall exercise any of the powers properly belonging to either of the 
others, except in the cases herein expressly directed or permitted, 
Article IV. 
Part First. 
House of Representatives. 
Section 1. Legislative department; style of acts. The legislative power shall 
be vested in 2 distinct branches, a House of Representatives, and a Senate, each to have 
a negative on the other, and both to be styled the Legislature of Maine, but the people 
reserve to themselves power to propose laws and to enact or reject the same at the polls 
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independent of the Legislature, and also reserve power at their own option to approve 
or reject at the polls any Act, bill, resolve or resolution passed by the joint action of 
both branches of the Legislature, and the style of their laws and Acts shall be, 
11Be it 
enacted by the people of the State of Maine," 
Section 2. Number of Representatives; biennial 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. The Legislature which convenes in 2013, and also the Legislature 
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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 
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within municipal boundaries. Any population remainder within the municipality shall 
be included in a district with contiguous territory and shall be kept intact. 
Section 3. Submission of reapportionment plan to Clerk of House; 
Legislature's action on commission's plan. The apportionment plan of the 
commission established under Article IV, Part Third, Section 1-A shall be submitted to 
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the Clerk of the House no later than June 1st of the year in which apportiomnent is 
required. In the preparation of legislation implementing the plan, the commission, 
following a unanimous decision by commission members, may adjust errors and 
inconsistencies in accordance with the standards set forth in this Constitution, so long 
as substantive changes are not made. The Legislature shall enact the submitted plan of 
the commission or a plan of its own by a vote of 2/3 of the Members of each House by 
June 11th of the year in which appo1tiomnent is required. Such action shall be subject 
to the Governor's approval as provided in A1ticle IV, Pait Third, Section 2 . 
In the event that the Legislature shall fail to make an apportionment by June 
11th, the Supreme Judicial Court shall, within 60 days following the period in which 
the Legislature is required to act, but fails to do so, make the apportionment. In making 
such apportionment, the Supreme Judicial Court shall take into consideration plai1s and 
briefs filed by the public with the court during the first 30 days of the period in which 
the court is required to apportion. 
The Supreme Judicial Court shall have original jurisdiction to hear any 
challenge to an app01tionment law enacted by the Legislature, as registered by any 
citizen or group thereof. If any challenge is sustained, the Supreme Judicial Court shall 
make the apportionment. 
Section 4. Qualifications; residency requirement. No person shall be a 
member of the House of Representatives, unless the person shall, at the commencement 
of the period for which the person is elected, have been 5 years a citizen of the United 
States, have arrived at the age of 21 years, have been a resident in this State one year; 
and for the 3 months next preceding the time of this person's election shall have been, 
and, during the period for which elected, shall continue to be a resident in the district 
which that person represents. 
No person may be a candidate fo~· election as a member of the House of 
Representatives unless, at the time of the nomination for placement on a primary, 
general or special election ballot, that person is a resident in the district which the 
candidate seeks to represent. 
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 
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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, 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, and they shall finally determine who are 
elected. 
Section 6. Vacancies. Whenever the seat of a member shall be vacated by 
death, resignation, or otherwise the vacancy may be filled by a new election. 
Section 7. To choose own officers. The House of Representatives shall choose 
their speaker, clerk and other officers. 
Section 8. Powe1· of impeachment. The House of Representatives shall have 
the sole power of impeachment. 
Article IV. 
Part Second. 
Senate. 
Section 1. Number of Senators. The Senate shall consist of an odd number 
of Senators, not less than 31 nor more than 35, elected at the same time and for the 
same term as Representatives by the qualified electors of the districts into which the 
State shall be from time to time divided, 
Section 2. Submission of reapportionment plan to Secretary of Senate; 
Legislature's action on commission's plan; division of State into Senatorial 
Districts; division by Supreme Judicial Court. The Legislature which shall convene 
in the year 2013, and also the Legislature which shall convene in the year 2021 and 
every tenth year thereafter, shall cause the State to be divided into districts for the 
choice of a Senator from each district, using the same method as provided in Article 
IV, Part First, Section 2 for apportionment of Representative Districts, 
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The apportiomnent plan of the commission established under Article IV, Part 
Third, Section 1-A shall be submitted to the Secretary of the Senate no later than June 
1st of the year in which apporti01unent is required. In the preparation of legislation 
implementing the plan, the commission, following a unanimous decision by 
commission members, may adjust errors and inconsistencies in accordance with the 
standards set forth in this Constitution, so long as substantive changes are not 
made. The Legislature shall enact the submitted plan of the commission or a plan of 
its own by a vote of 2/3 of the Members of each House by June 11th of the year in 
which apportionment is required. Such action shall be subject to the Governor's 
approval as provided in Article IV, Pait Third, Section 2. 
In the event that the Legislature shall fail to make an apportionment by June 
11th, the Supreme Judicial Court shall, within 60 days following the period in which 
the Legislature is required to act but fails to do so, make the apportionment. In making 
such apportiomnent, the Supreme Judicial Court shall take into consideration plans and 
briefs filed by the public with the court during the first 30 days of the period in which 
the court is required to app01tion, 
The Supreme Judicial Court shall have original jurisdiction to hear any 
challenge to an apportionment law enacted by the Legislature, as registe1·ed by any 
citizen or group thereof. If any challenge is sustained, the Supreme Judicial Comt shall 
make the apportionment. 
Section 3. Election of Senators; lists of votes delivered forthwith. The 
meetings within this State for the election of Senators shall be notified, held and 
regulated and the votes received, sorted, counted, declared and recorded, in the same 
manner as those for Representatives. Fair copies of the lists of votes shall be attested 
by the clerks of the cities and towns or other duly authorized officials and sealed up in 
open meetings and such officials shall cause said lists to be delivered into the office of 
the Secretary of State forthwith. 
Section 4. Lists of votes examined by Governor; summons to persons who 
appear to be elected. The Governor shalt as soon as may be, examine the copies of 
such lists, and at least 7 days before the said first Wednesday of December, issue a 
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summons to such persons, as shall appear to be elected by a plurality of the votes in 
each senatorial district, to attend that day and take their seats. 
Section 5. Determination of Senators elected; procedure for filling 
vacancies. The Senate shall, on said first Wednesday of December, biennially 
determine who is elected by a plurality of votes to be Senator in each district. All 
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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. 
Section 6. Qualifications. The Senators shall be 25 years of age at the 
commencement of the term, for which they are elected, and in all other respects their 
qualifications shall be the same as those of the Representatives. 
Section 7. To try impeachments; limitation of judgment of impeachment; 
party liable to be tried and punished in court, The Senate shall have the sole power 
to try all impeachments, and when sitting for that purpose shall be on oath or 
affirmation, and no person shall be convicted without the concurrence of 2/3 of the 
members present. Their judgment, however, shall not extend farther than to removal 
from office, and disqualification to hold or enjoy any office of honor, trust or profit 
under this State. But the party, whether convicted or acquitted, shall nevertheless be 
liable to indictment, trial, judgment and punishment according to law. 
Section 8. To choose own officers. The Senate shall choose their President, 
Secretary and other officers. 
Article IV. 
Part Third. 
Legislative Power. 
Section 1. To meet annually; power of Legislature to convene itself at other 
times; extent of legislative power, The Legislature shall convene on the first 
Wednesday of December following the general election in what shall be designated the 
after the first Tuesday of January in the subsequent even-numbered year in what shall 
be designated the second regular session of the Legislature; provided> however, that the 
business of the second regular session of the Legislature shall be limited to budgetary 
matters; legislation in the Governor's call; legislation of an emergency nature admitted 
by the Legislature; legislation referred to committees for study and repo1t by the 
Legislature in the first regular session; and legislation presented to the Legislature by 
written petition of the electors under the provisions of Article IV, Part Third, Section 
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18. The Legislature shall enact appropriate statutory limits on the length of the first 
regular session and of the second regular session. The Legislature may convene at such 
other times on the call of the President of the Senate and Speaker of the House, with 
the consent of a majority of the Members of the Legislature of each political patty, all 
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Members of the Legislature having been first polled. The Legislature, with the 
exceptions hereinafter stated, shall have full power to make and establish all reasonable 
laws and regulations for the defense and benefit of the people of this State, not 
repugnant to this Constitution, nor to that of the United States. 
Section 1-A. Legislature to establish Apportionment Commission; number 
of quorum; compensation of commission members; commission's budget; division 
among political parties. A Legislature which is required to apportion the districts of 
the House of Representatives or the Senate, or both, under Article IV, Pait First, Section 
2, or Aiticle IV, Pait Second, Section 2, shall establish, within the first 3 calendar days 
after the convening of that Legislature, a commission to develop in accordance with the 
requirements of this Constitution, a plan for apportioning the House of Representatives, 
the Senate, or both. 
The commission shall be composed of 3 members from the political party 
holding the largest number of seats in the House of Representatives, who shall be 
appointed by the Speaker; 3 members from the political party holding the majority of 
the remainder of the seats in the House of Representatives, who shall be appointed by 
the floor leader of that paity in the House; 2 members of the party holding the largest 
number of seats in the Senate, who shall be appointed by the President of the Senate; 2 
members of the political paity holding the majority of the remainder of the seats in the 
Senate, to be appointed by the floor leader of that party in the Senate; the chairperson 
of each of the 2 major political parties in the State or their designated representatives; 
and 3 members from the public generally, one to be selected by each group of members 
of the commission representing the same political party, and the third to be selected by 
the other 2 public members. The Speaker of the House shall be responsible for 
organizing the commission and shall be chairperson pro tempore thereof until a 
permanent chairperson is selected by the commission members from among their own 
number. No action may be taken without a quorum of 8 being present. The 
commission shall hold public hearings on any plan for apportionment prior to 
submitting such plan to the Legislature. 
Public members of the commission shall receive the same rate of per diem that 
is paid to Legislators for every day's attendance at special sessions of the Legislature 
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as defined by law. All members of the commission shall be reimbursed for actual travel 
expenses incurred in carrying out the business of the commission. The Legislature 
which is required to apportion shall establish a budget for the apportioning commission 
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within the state budget document in the fiscal year previous to the fiscal year during 
which the apportioning commission is required to convene and shall appropriate 
sufficient funds for the commission to satisfactorily perform its duties and 
responsibilities. The budget shall include sufficient funds to compensate the 
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chairperson of the commission and the chairperson's staff. The remainder of the 
appropriation shall be made available equally among the political parties represented 
on the commission to provide travel expenses, incidental expenses and compensation 
for commission members and for partisan staff and operations. 
Section 2. Bills to be signed by the Governor; proceedings, in case the 
Governor disapproves; allowing the Governor 10 days to act on legislation. Every 
bill or resolution, having the force of law, to which the concurrence of both Houses 
may be necessary, except on a question of adjoumment, which shall have passed both 
Houses, shall be presented to the Governor, and if the Governor approves, the Governor 
shall sign it; if not, the Governor shall return it with objections to the House in which 
it shall ~mve originated, which shall enter the objections at large on its journals, and 
proceed to reconsider it. If after such reconsideration, 2/3 of that House shall agree to 
pass it, it shall be sent together with the objections, to the other House, by which it shall 
be reconsidered, and, if approved by 2/3 of that House, it shall have the same effect as 
if it had been signed by the Govemor; but in all such cases, the votes of both Houses 
shall be taken by yeas and nays, and the names of the persons, voting for and against 
the bill or resolution, shall be entered on the journals of both Houses respectively. If 
the bill or resolution shall not be returned by the Governor within 10 days (Sundays 
excepted) after it shall have been presented to the Governor, it shall have the same force 
and effect as if the Govemor had signed it unless the Legislature by their adjourmnent 
prevent its return, in which case it shall have such force and effect, unless returned 
within 3 days after the next meeting of the same Legislature which enacted the bill or 
resolution; if there is no such next meeting of the Legislature which enacted the bill or 
resolution, the bill or resolution shall not be a law. 
Section 2"A, Line-item veto of dollar amounts appearing in appropriation 
or allocation sections of legislative documents. The Governor has power to 
disapprove any dollar amount appearing in an appropriation section or allocation 
section, or both, of an enacted legislative document. Unless the Governor exercises the 
line-item veto power authorized in this section no later than one day after receiving for 
signature the enacted legislation, the powers of the Governor as set out in section 2 
apply to the entire enacted legislation. For any disapproved dollar amount, the 
Governor shall replace the dollar amount with one that does not result in an increase in 
an appropriation or allocation or a decrease in a deappropriation or deallocation. When 
disapproving a dollar amount pursuant to this section, the Governor may not propose 
an increase in an appropriation or allocation elsewhere in the legislative document. The 
Governor shall specify the distinct dollar amounts that are revised, and the part or parts 
of the legislative document not specifically revised become law. The dollar amounts 
in an appropriation or allocation that have been disapproved become law as revised by 
the Governor, unless passed over the Govemor's veto by the Legislature as the dollar 
amounts originally appeared in the enacted bill as presented to the Governor; except 
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that, notwithstanding any other provision of this Constitution for dollar amounts vetoed 
pursuant to this section, a majority of all the elected members in each House is sufficient 
to override the veto, and each dollar amount vetoed must be voted on separntely to 
override the veto, Except as provided in this section, the Governor may not disapprove, 
omit or modify any language allocated to the statutes or appearing in an unallocated 
section of law, 
Section 3. Each House the judge of its elections; majority, a quorum. Each 
House shall be the judge of the elections and qualifications of its own members, and a 
O 
majority shall constitute a quol'um to do business; but a smaller number may adjourn 
from day to day, and may compel the attendance of absent members, in such manner 
and under such penalties as each House shall provide. 
Section 4. May punish and expel members. Each House may determine the 
rules of its proceedings, punish its members for disorderly behavior, and, with the 
concurrence of 2/3, expel a member, but not a 2nd time for the same cause. 
Section 5. Shall keep a journal; yeas and nays. Each House shall keep a 
journal, and from time to time publish its proceedings, except such paits as in their 
judgment may require secrecy; and the yeas and nays of the members of either House 
on any question, shall, at the desire of 1/5 of those present, be entered on the journals. 
Section 6. May punish for contempt. Each House, during its session, may 
punish by imprisonment any person, not a member, for disrespectful or disorderly 
behavior in its presence, for obstructing any of its proceedings, threatening, assaulting 
or abusing any of its members for anything said, done, or doing in either House; 
provided, that no imprisonment shall extend beyond the period of the same session. 
Section 7. 
Compensation; traveling expenses. 
The Senators and 
Representatives shall receive such compensation, as shall be established by law; but no 
law increasing their compensation shall take effect during the existence of the 
Legislature, which enacted it. The expenses of the members of the House of 
Representatives in traveling to the Legislature, and returning therefrom, once in each 
week of each session and no more, shall be paid by the State out of the public treasury 
to every member, who shall seasonably attend, in the judgment of the House, and does 
not depart therefrom without leave. 
Section 8. Members exempt from arrest; freedom of debate. The Senators 
and Representatives shall, in all cases except treason, felony or breach of the peace, be 
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privileged from arrest during their attendance at, going to, and returning from each 
session of the Legislature, and no member shall be liable to answer for anything spoken 
in debate in either House, in any court or place elsewhere. 
Section 9. Either House may originate bills; revenue bills, Bills, orders or 
resolutions, may originate in either House, and may be altered, amended or rejected in 
the other; but all bills for raising a revenue shall originate in the House of 
Representatives, but the Senate may propose amendments as in other cases; provided, 
that they shall not, under color of amendment, introduce any new matter, which does 
not relate to raising a revenue. 
Section 10. Members not to be appointed to certain offices. No Senator 01· 
Representative shall, during the term for which the Senator or Representative shall have 
been elected, be appointed to any civil office of profit under this State, which requires 
the approval of the Legislature for appointment or which shall have been created, or the 
emoluments of which increased during such term, except such offices as may be filled 
by elections.by the people, 
Section 11. Persons disqualified to be members. No member of Congress, 
nor person holding any office under the United States (post officers excepted) nor office 
of profit under this State, justices of the peace, notaries public, coroners and officers of 
the militia excepted, shall have a seat in either House while a member of Congress, or 
continuing in such office. 
Section 12. Adjournments, Neither House shall during the session, without 
the consent of the other, adjoum for more than 2 days, nor to any other place than that 
in which the Houses shall be sitting. 
Section 13. Special legislation. The Legislature shall, from time to time, 
provide, as far as practicable, by general laws, for all matters usually appertaining to 
special or private legisif;ttion. 
Section 14. Corporations, formed under general laws. Corporations shall 
be formed under general laws, and shall not be created by special Acts of the 
Legislature, except for municipal purposes, and in cases where the objects of the 
corporation cannot otherwise be attained; and, however formed, they shall forever be 
subject to the general laws of the State. 
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Section 15. Constitutional conventions, The Legislature shall, by a 2/3 
concurrent vote of both branches, have the power to call constitutional conventions, for 
the purpose of amending this Constitution. 
Section 16. Acts become effective in 90 days after recess; exception; 
emergency bill defined. No Act or joint resolution of the Legislature, except such 
orders or resolutions as pertain solely to facilitating the performance of the business of 
the Legislature, of either branch, or of any committee or officer thereof, or appropriate 
money therefor or for the payment of salaries fixed by law, shall take effect until 90 
days after the recess of the session of the Legislature in which it was passed, unless in 
case ~f emergency, which with the facts consti~uting the emergency shall be expressed 
in the preamble of the Act, the Legislature shall, by a vote of 2/3 of all the members 
elected to each House, otherwise direct. An emergency bill shall include only such 
measures as are immediately necessary for the preservation of the public peace, health 
or safety; and shall not include (l) an infringement of the right of home rule for 
municipalities, (2) a franchise or a license to a corporation or an individual to extend 
longer than one year, or (3) provision for the sale or purchase or renting for more than 
years of real estate. 
Section 17. Proceedings for people's veto. 
1. Petition procedure; petition for people's veto. Upon written petition of 
electors, the number of which shall not be less than 10% of the total vote for Governor 
cast in the last gubematorial election preceding the filing of such petition, and 
addressed to the Governor and filed in the office of the Secretary of State by the hour 
of 5:00 p.m., on or before the 90th day after the recess of the Legislature, or if such 
90th day is a Saturday, a Sunday, or a legal holiday, by the hour of 5:00 p.m., on the 
preceding day which is not a Saturday, a Sunday, or a legal holiday, requesting that one 
or more Acts, bills, resolves or resolutions, or pait or paits thereof, passed by the 
Legislature but not then in effect by reason of the provisions of the preceding section, 
be referred to the people, such Acts, bills, resolves, or resolutions or part or pa1ts thereof 
as are specified in such petition shall not take effect until 30 days after the Governor 
shall have announced by public proclamation that the same have been ratified by a 
majority of the electors voting thereon at a statewide or general election. 
2, Effect of referendum. The effect of any Act, bill, resolve or resolution or 
part or paits thereof as are specified in such petition shall be suspended upon the filing 
of such petition. If it is later finally determined, in accordance with any procedure 
enacted by the Legislature pursuant to the Constitution, that such petition was invalid, 
such Act, bill, resolve or resolution or part or parts thereof shall then take effect upon 
the day following such final determination. 
Pa,ge 16 - 131LR3176(03) 
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3. Referral to electol's; proclamation by Governor. As soon as it appears 
that the effect of any Act, bill, resolve, or resolution or part or parts thereof has been 
suspended by petition in mam1er aforesaid, the Governor by public proclamation shall 
give notice thereof and of the time when such measure is to be voted on by the people, 
which shall be at the next statewide or general election, whichever comes first, not less 
than 60 days after such proclamation. If the Governor fails to order such measure to be 
submitted to the people at the next statewide or general election, the Secretary of State 
shall, by proclamation, order such measure to be submitted to the people at such an 
election and such order shall be sufficient to enable the people to vote. 
Section 18. Direct initiative of legislation. 
1. Petition procedure. The electors may propose to the Legislature for its 
consideration any bill, resolve 01· resolution, including bills to amend or repeal 
emergency legislation but not an amendment of the State Constitution, by written 
petition addressed to the Legislature or to either branch thereof and filed in the office 
of the Secretary of State by the hour of 5:00 p.m., on or before the 50th day after the 
date of convening of the Legislature in first regular session or on or before the 25th day 
after the date of convening of the Legislature in second regular session, except that the 
written petition may not be filed in the office of the Secretary of State later than 18 
months after the date the petition form was furnished or approved by the Secretary of 
State. If the applicable deadline falls on a Saturday, Sunday, or legal holiday, the period 
runs until the hour of 5:00 p.m., of the next day which is not a Saturday, Sunday, 01· 
legal holiday. 
2. Referral to electors unless enacted by the Legislature without change; 
number of signatures necessary on direct initiative petitions; dating signatures on 
petitions; competing measures. For any measure thus proposed by electors, the 
number of signatures shall not be less than 10% of the total vote for Govemor cast in 
the last gubernatorial election preceding the filing of such petition. The date each 
signature was made shall be written next to the signature on the petition. A signature 
is not valid if it is dated more than one year prior to the date that the petition was filed 
in the office of the Secretary of State. The measure thus proposed, unless enacted 
without change by the Legislature at the session at which it is presented, shall be 
submitted to the electors together with any amended form, substitute, or 
recommendation of the Legislature, and in such manner that the people can choose 
between the competing measures or reject both. When there are competing bills and 
neither receives a majority of the votes given for or against both, the one receiving the 
most votes shall at the next statewide election to be held not less than 60 days after the 
first vote thereon be submitted by itself if it receives more than 1/3 of the votes given 
for and against both. If the measure initiated is enacted by the Legislature without 
change, it shall not go to a referendum vote unless in pursuance of a demand made in 
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l 
accordance with the preceding section. The Legislature may order a special election on 
any measure that is subject to a vote of the people. 
3. Timing of elections; proclamation by Governor. The Governor shall, by 
proclamation, order any measure proposed to the Legislature as herein provided, and 
not enacted by the Legislature without change, referred to the people at an election to 
be held in November of the year in which the petition is filed. If the Govemor fails to 
order a measure proposed to the Legislature and not enacted without change to be 
submitted to the people at such an election by proclamation within 10 days after the 
l O 
recess of the Legislature to which the measure was proposed, the Secretary of State 
shall, by proclamation, order such measure to be submitted to the people at an election 
as requested, and such order shall be sufficient to enable the people to vote. 
Section 19. Effective date of measures approved by people; veto power 
I 5 
limited. Any measme referred to the people and approved by a majority of the votes 
given thereon shall, unless a later date is specified in said measure, take effect and 
become a law in 3 0 days after the Governor has made public proclamation of the result 
of the vote on said measure, which the Governor shall do within 10 days after the vote 
thereon has been canvassed and determined; provided, however, that any such measure 
which entails expenditure in an amount in excess of available and unappropriated state 
funds shall remain inoperative until 45 days after the next convening of the Legislature 
in regular session, unless the measure provides for raising new revenues adequate for 
its operation. The veto power of the Governor shall not extend to any measure 
approved by vote of the people, and any measure initiated by the people and passed by 
the Legislature without change, if vetoed by the Governor and if the veto is sustained 
by the Legislature shall be referred to the people to be voted on at the next general 
election. The Legislature may enact measures expressly conditioned upon the people's 
ratification by a referendum vote. 
Section 20. 
Meaning of words 
II electors, 
"people, 11 
"recess of 
Legislature," "statewide election, 11 "measure," 
circulator," and "written 
petition 11 ; written petitions for people's veto; written petitions for direct initiative, 
As used in any of the 3 preceding sections or in this section the words "electors" and "people" 
mean the electors of the State qualified to vote for Governor; "recess of the Legislature" means 
the adjournment without day of a session of the Legislature; "statewide election" means any 
election held throughout the State on a particular day; "measure" means an Act, bill, resolve or 
resolution proposed by the people, or 2 or more such, or pa1t or pa1ts of such, as the case may 
be; "circulator" means a person who solicits signatures for written petitions, and who must be 
a resident of this State and whose name must appear on the voting list of the city, town or 
plantation of the circulator's residence as qualified to vote for Governor; "written petition" 
means one or more petitions written or printed, or partly written and partly printed, with the 
original signatures of the petitioners, or, as authorized by law, the alternative signatures of 
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pel'sons with physical disabtlities that prevent them from signing their own names, attached, 
verified as to the authenticity of the signatures by the oath of the circulator that all of the 
signatures to the petition were made in the presence of the circulator and that to the best of the 
circulator's knowledge and belief each signature is the signature of the person whose name it 
purports to be, and accompanied by the ce1tificate of the official authorized by law to maintain 
the voting list or to ce1tify signatmes on petitions for voters on the voting list of the city, town 
or plantation in which the petitioners reside that their names appear on the voting list of the 
city, town or plantation of the official as qualified to vote for Governor. The oath of the 
circulator must be sworn to in the presence of a person authorized by law to administer oaths. 
IO 
Written petitions for a people's veto pursuant to Attic le lV, Pait Third, Section 17 must be 
submitted to the appropriate officials of cities, towns or plantations, or state election officials 
as authorized by law, for determination of whether the petitioners are qualified voters by the 
hour of 5:00 p.m., on the 5th day before the petition must be filed in the office of the Secretary 
of State, or, if such 5th day is a Satmday, a Sunday or a legal holiday, by 5 :00 p.m,, on the next 
day which is not a Saturday, a Sunday or a legal holiday, Written petitions for a direct initiative 
pursuant to Article IV, Part Third, Section 18 must be submitted to the appropriate officials of 
cities, towns or plantations, or state election officials as authorized by law, for determination 
of whether the petitioners are qualified voters by the hour of 5:00 p.m., on the 10th day before 
the petition must be filed in the office of the Secretary of State, or, if such 10th day is a Saturday, 
a Sunday or a legal holiday, by 5:00 p.m., on the next day which is not a Saturday, a Sunday or 
a legal holiday. Such officials must complete the certification of only those petitions submitted 
by these deadlines and 1m1st return them to the circulators or their agents within 2 days for a 
petition for a people's veto and within 5 days for a petition for a direct initiative, Saturdays, 
Sundays and legal holidays excepted, of the date on which such petitions were submitted to 
them. Signatures on petitions not submitted to the apprnpriate local or state officials by these 
deadlines may not be ce1tified. The petition shall set forth the full text of the measure requested 
or prnposed, Petition forms shall be furnished or approved by the Secretary of State upon 
written application signed and notarized and submitted to the office of the Secretary of State 
by a resident of this State whose name must appear on the voting list of the city, town or 
plantation of that resident .as qualified to vote for Governor. The full text of a measure 
submitted to a vote of the people under the provisions of the Constitution need not be printed 
on the official ballots, but, until otherwise provided by the Legislature, the Secretary of State 
shall prepare the ballots in such form as to present the question ol' questions concisely and 
intelligibly. 
Section 21. City council of any city may establish direct initiative and 
people's veto. The city council of any city may establish the direct initiative and 
people's veto for the electors of such city in regard to its municipal affah-s, provided 
that the ordinance establishing and providing the method of exercising such direct 
initiative and people's veto shall not take effect until ratified by vote of a majority of 
the electors of said city, voting thereon at a municipal election. Provided, however, 
that the Legislature may at any time provide a uniform method for the exercise of the 
initiative and referendum in municipal affairs. 
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Section 22. Election officers and officials, how governed. Until the 
Legislature shall enact fmther laws not inconsistent with the Constitution for applying 
the people's veto and direct initiative, the election officers and other officials shall be 
governed by the provisions of this Constitution and of the general law, supplemented 
by such reasonable action as may be necessary to render the preceding sections self 
executing. The Legislature may enact laws not inconsistent with the Constitution to 
establish procedures for determination of the validity of written petitions. Such laws 
shall include provision forjudicial review of any determination, to be completed within 
business days from the date of filing of a written petition in the office of the 
Secretary of State, except that, if a petition is filed within 30 calendar days before or 
after a general election, the judicial review must be completed within 100 business days 
after the 30th calendar day following that general election. 
Section 23. Municipalities reimbursed annually. The Legislature shall 
annually reimburse each municipality from state tax sources for not less than 50% of 
the property tax revenue loss suffered by that municipality during the previous calendar 
year because of the statutory property tax exemptions or credits enacted after April 1, 
1978. The Legislature shall enact appropriate legislation to carry out the intent of this 
section. 
This section shall allow, but not require, reimbursement for statutory property 
tax exemptions or credits for unextracted minerals. 
Article V. 
Part First. 
Executive Power. 
Section 1. Governor. The supreme executive power of this State shall be 
vested in a Govemor. 
Section 2. Term of office; reelection eligibility. The Governor shall 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 election and until the 
successor to the Governor has been duly elected and qualified. The person who has 
served 2 consecutive popular elective 4-year terms of office as Governor shall be 
ineligible to succeed himself or herself. 
Section 3. Election; votes to be returned to Secretary of State; Secretary of 
State to lay lists before tbe Senate and House of Representatives; provision in case 
of tie. The meetings for election of Governor shall be notified, held and regulated and 
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votes shall be received, sorted, counted and declared and recorded, in the same maimer 
as those for Senators and Representatives. Copies of lists of votes shall be sealed and 
returned to the secretary's office in the same manner and at the same time as those for 
Senators. The Secretary of State for the time being 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 Governor, and in case of a choice by plurality of all of the votes returned 
they shall declare and publish the same, If there shall be a tie between the 2 persons 
having the largest number of votes for Governor, the House of Representatives and the 
Senate meeting in joint session, and each member of said bodies having a single vote, 
shall elect one of said 2 persons having so received an equal number of votes and the 
person so elected by the Senate and House of Representatives shall be declared the 
Governor. 
Section 4. Qualifications. The Governor shall, at the commencement of the 
Governor's term, be not less than 30 years of age; 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 said State. 
Section 5. Disqualifications. No person holding any office or place under the 
United States, this State, or any other power, shall assume the office of Governor, nor 
shall any such person exercise the office of Governor except as provided by this 
Constitution. 
Section 6. Compensation. The Governor shall, at stated times, receive for 
services a compensation, which shall not be increased or diminished during the 
Governor's continuance in office. 
Section 7. Commander in chief. The Governor shall be commander in chief 
of the army and navy of the State, and of the militia, except when the same are called 
into the actual service of the United States. 
Section 8. To appoint officers. The Govemor shall nominate, and, subject to 
5 
confirmation as provided herein, appoint all judicial officers, except judges of probate 
and justices of the peace if their manner of selection is otherwise provided for by this 
7 
Constitution or by law, and all other civil and military officers whose appointment is 
not by this Constitution, or shall not by law be otherwise provided for. 
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Procedure for confirmation. The procedure for confirmation shall be as 
follows: an appropriate legislative committee comprised of members of both houses in 
reasonable proportion to their membership as provided by law shall recommend 
confirmation or denial by majority vote of committee members present and voting. The 
committee recommendation shall be reviewed by the Senate and upon review shall 
become final action of confirmation or denial unless the Senate by vote of 2/3 of those 
members present and voting overrides the committee recommendation. The Senate 
vote shall ·be by the yeas and nays. 
IO 
Affirmative vote of 2/3 of members required. All statutes enacted to carry 
out the purposes of the second paragraph of this section shall require the affirmative 
vote of2/3 of the members of each House present and voting. 
Governor or President of Senate may call Senate into session. Either the 
Governor or the President of the Senate shall have the power to call the Senate into 
session for the purpose of voting upon confirmation of appointments, 
Nomination by Governor made 7 days prior to appointment of nominee. 
Every nomination by the Governor shall be made 7 days at least prior to appointment 
of the nominee. 
Section 9. To give information and recommend measures. The Governor 
shall from time to time give the Legislature information of the condition of the State, 
and recommend to their consideration such measures, as the Govemor may judge 
expedient. 
Section 10. May require information of any officer. The Governor may 
require information from any military officer, or any officer in the executive 
department, upon any subject relating to the duties of their respective offices. 
Section 11. Power to pardon and remit penalties, etc.; conditions. The 
Governor shall have power to remit after conviction all forfeitures and penalties, and 
3 
to grant reprieves, commutations and pardons, except in cases of impeachment, upon 
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. 
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Section 12. Shall enforce the laws. The Governor shall take care that the laws 
be faithfully executed. 
Section 13, Convene the Legislature on extraordinary occasions, and 
adjourn it in case of disagreement; may change the place of meeting. The Govemor 
may, on extraordinary occasions, convene the Legislature; and in case of disagreement 
between the 2 Houses with respect to the time of adjournment, adjourn them to such 
time, as the Governor shall think proper, not beyond the day of the next regular session; 
and if, since the last adjournment, the place where the Legislature were next to convene 
shall have become dangerous from an enemy or contagious sickness, may direct the 
session to be held at some other convenient place within the State. 
Section 14, Vacancy, how supplied, Whenever the office of Governor shall 
become vacant because of the death, resignation or removal of a Govemor in office, or 
any other cause, the President of the Senate shall assume the office of Govemor until 
another Governor shall be duly qualified. When the vacancy occurs more than 90 days 
preceding the date of the primary election for nominating candidates to be voted for at 
the biennial election next succeeding, the President of the Senate shall assume the office 
of Govemor until the first Wednesday after the first Tuesday of January following the 
biennial election. At the bie1111ial election, a Governor shall be elected to fill the 
unexpired term created by the vacancy. When the vacancy occurs less than 90 days 
preceding the date of a primary election the President of the Senate shall fill the 
unexpired term. 
Whenever the offices of Governor, and President of the Senate are vacant at the 
same time, the Speaker of the House of Representatives shall assume the office of 
Governor for the same term and under the same conditions as the President of the 
Senate. 
Whenever the offices of Govemor, President of the Senate and Speaker of the 
House of Representatives are vacant at the same time, the person acting as Secretary of 
State for the time being shall exercise the office of Governor and shall forthwith by· 
proclamation convene the Senate and the House of Representatives which shall fill 
respectively the vacancies in the offices of the President of the Senate and the Speaker 
of the House, and by joint ballot of the Senators and Representatives in convention 
choose a person who shall assume the office of Govemor for the same term and under 
the same conditions as the President of the Senate. 
Mental or physical disability of the Governor continuously for more than 
months. Whenever for 6 months a Governor in office shall have been continuously 
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unable to discharge the powers and duties of that office because of mental or physical 
disability such office shall be deemed vacant. Such vacancy shall be declared by the 
Supreme Judicial Court upon presentment to it of a joint resolution declaring the ground 
of the vacancy, adopted by a vote of 2/3 of the Senators and Representatives in 
convention, and upon notice, hearing before the comt and a decision by a majority of 
the court that ground exists for declaring the office to be vacant. 
Section 
15. 
Temporary 
mental 
or 
physical 
disability 
of 
Governor. Whenever the Governor is unable to discharge the powers and duties of 
that office because of mental or physical disability, the President of the Senate, or if 
that office is vacant, the Speaker of the House of Representatives, shall exercise the 
powers and duties of the office of Governor until the Governor is again able to 
discharge the powers and duties of that office, or until the office of Governor is declared 
to be vacant or until another Governor shall be duly qualified. 
Whenever the Governor is unable to discharge the powers and duties of that 
office, the Governor may so certify to the Chief Justice of the Supreme Judicial Court, 
in which case and upon notice from the Chief Justice, the President of the Senate, 01· if 
that office is vacant, the Speaker of the House of Representatives, shall exercise the 
powers and duties of the office of Governor until such time as the Governor shall certify 
to the Chief Justice that the Governor is able to discharge such powers and duties and 
the Chief Justice shall so notify the officer who is exercising the powers and duties of 
the office of Governor. 
When the Secretary of State shall have reason to believe that the Governor is 
unable to discharge the duties of that office, the Secretary of State may so certify to the 
Supreme Judicial Comi, declaring the reason for such belief. After notice to the 
Governor, a hearing before the court and a decision by a majority of the court that the 
Governor is unable to discharge the duties of the office of Govemor, the court shall 
notify the President of the Senate, or if that office is vacant the Speaker of the House 
of Representatives, of such inability and that officer shall exercise the functions, powers 
and duties of the office of Governor until such time as the Secretary of State or the 
3 
Govemor shall certify to the court that the Governor is able to discharge the duties of 
the office of Governor and the court, after notice to the Governor and a hearing before 
the court, decides that the Governor is able to discharge the duties of that office and so 
notifies the officer who is exercising the powers and duties of the office of Governor. 
8 
Whenever either the President of the Senate or Speaker of the House of 
Representatives shall exercise the office of Governor, the officer shall receive only the 
compensation of Governor, but the officer's duties as President or Speaker shall be 
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suspended; and the Senate or House shall fill the vacancy resulting from such 
suspension, until the officer shall cease to exercise the office of Governor. 
Article V. 
Part Second. 
Secretary. 
Section 1. Election. The Secretary of State shall be chosen biennially at the 
first session of the Legislature, by joint ballot of the Senators and Representatives in 
convention. 
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, 
Section 2. Records of' State; deputies. The records of the State shall be kept 
in the office of the secretary, who may appoint deputies to that office, for whose 
conduct the secretary shall be accountable, 
Section 3. Attend the Governor, Senate, and House. The Secretary of State 
shall attend the Govemor, Senate and House of Representatives, in person or by the 
deputies of the Secretary of State as they shall respectively require. 
Section 4. Records of executive and legislative departments. The Secretary 
of State shall carefully keep and preserve the records of all the official acts and 
proceedings of the Governor, Senate and House of Representatives, and, when required, 
lay the same before either branch of the Legislature, and perform such other duties as 
are enjoiD;ed by this Constitution, or shall be required by law, 
Article V. 
Part Third. 
Treasurer. 
Section 1. Election. The Treasurer shall be chosen biennially, at the first 
session of the Legislature, by joint ballot of the Senators, and Representatives in 
convention. 
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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. 
Section 2. Bond. The Treasurer shall, before entering on the duties of that 
office, give bond to the State with sureties, to the satisfaction of the Legislature, for the 
faithful discharge of that trust. 
Section 3. Not to engage in trade. The Treasurer shall not, during the 
treasurer's continuance in office, engage in any business of trade or commerce, or as a 
broker, nor as an agent or factor for any merchant or trader. 
Section 4. No money drawn except upon appropriation or allocation. No 
money shall be drawn from the treasury, except in consequence of appropriations or 
allocations authol'ized by law. 
Section 5. Bonding regulations; prohibiting use of proceeds from sale of 
bonds to fund current expenditures. The Legislature shall enact general law 
prohibiting the use of proceeds from the sale of bonds to fund current expenditures and 
shall pxovide by appropriation for the payment of interest upon and installments of 
principal of all bonded debt created on behalf of the State as the same shall become due 
and payable. If at any time the Legislature shall fail to make any such appropriation, 
the Treasurer of State shall set apart from the first General Fund revenues thereafter 
received a sum sufficient to pay such interest or installments of principal and shall so 
apply the moneys thus set apa1i. The Treasurer of State may be required to set apait 
and apply such revenues at the suit of any holder of such bonds. The prohibition on 
use of proceeds from the sale of bonds to fund current expenditures shall only apply to 
those bonds authorized on or after July 1, 1977. 
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Article VI. 
Judicial Power, 
Section 1. Courts. The judicial power of this State shall be vested in a 
Supreme Judicial Couit, and such other courts as the Legislature shall from time to time 
establish. 
Section 2. Compensation. The Justices of the Supreme Judicial Court and the 
Judges of other comts shall, at stated times receive a compensation, which shall not be 
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diminished during their continuance in office; but they shall receive no other fee or 
reward for their services as Justices or Judges. 
Section 3, To give opinion when required by Governor or either Branch of 
the Legislature. The Justices of the Supreme Judicial Court shall be obliged to give 
their opinion upon important questions of law, and upon solemn occasions, when 
required by the Governor, Senate or House of Representatives. 
Section 4. Tenure of judicial officers; 6-month holdover period. All 
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judicial officers appointed by the Governor shall hold their offices for the term of 7 
years from the time of their respective appointments (unless sooner removed by 
impeachment or by address of both branches of the Legislature to the executive, 
pmvided further that justices of the peace may be removed fmm office in such maimer 
as the Legislature may provide); provided, however, that a judicial officer whose term 
of office has expired or who has reached mandatory retirement age, as provided by 
statute, may continue to hold office until the expiration of an additional period not to 
exceed 6 months or until the successor to the judicial officer is appointed, whichever 
occurs first in time. 
Section 5. Limitation on holding other office. No Justice of the Supreme 
Judicial Court 01· any other court shall hold office under the United States or any other 
state, nor under this State, except as justice of the peace 01· as member of the Judicial 
Council. 
Section 6. Judges and registers of probate, election and tenure; vacancies. 
Judges and registers of probate shall be elected by the people of their respective 
counties, by a plurality of the votes given in, at the biennial election on the Tuesday 
following the first Monday of November, and shall hold their offices for 4 years, 
commencing on the first day of January next after their election. Vacancies occurring 
in said offices by death, resignation or otherwise, shall be filled by election in manner 
aforesaid at the November election, next after their occurrence; and in the meantime, 
the Governor may fill said vacancies by appointment, and the persons so appointed 
shall hold their offices until the first day of January next after the election aforesaid. 
Note: Section 6 of Article VI has been repealed by Amendment which by virtue of 
Chapter 77 of the Resolves of the One Hundred and Third Legislature, 1967 "shall 
7 
become effective at such time as the Legislature by proper enactment shall establish a 
different Probate Court system with full-time judges!' 
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Article VII. 
Military. 
Section 1. Officers, how appointed. All commissioned officers of the niilitia 
shall be appointed and commissioned by the Govern01\ from such persons as are 
qualified by law to hold such offices. 
Section 2. Qualifications and selection. The Legislature shall, by law, 
designate the qualifications necessary for holding a commission in the militia and shall 
prescribe the mode of selection of officers for the several grades. 
Section 3, Adjutant General. The Adjutant General shall be appointed by the 
Governor. But the Adjutant General shall also perform the duties of quartermaster 
general and paymaster general until otherwise directed by law. 
Section 4. Standard of organization, armament and discipline, The 
organization, armament and discipline of the militia and of the military and naval units 
thereof shall be the same as that which is now or may hereafter be prescribed by the 
laws and regulations of the United States; and it shall be the duty of the Governor to 
issue from time to time such orders and regulations and to adopt such other means of 
administration, as shall maintain the prescribed standard of organization, armament and 
discipline; and such orders, regulations and means adopted shall have the full force and 
effectofthelaw. 
Section 5. Persons exempt from military duty. Persons of the denominations 
of Quakers and Shake1·s, Justices of the Supreme Judicial Court, Ministers of the Gospel 
and persons exempted by the laws of the United States may be exempted from military 
duty, but no other able-bodied person of the age of 18 and under the age of 45 years, 
excepting officers of the militia who have been honorably discharged, shall be so 
exempted. 
Article VIII. 
Part First, 
Education. 
Section 1. Legislature shall require towns to support public schools; duty 
of Legislature. A general diffusion of the advantages of education being essential to 
the preservation of the rights and liberties of the people; to promote this imp01tant 
object, the Legislature are authorized, and it shall be their duty to require, the several 
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towns to make suitable provision, at their own expense, for the supp01t and maintenance 
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of public schools; and it shall further be their duty to encourage and suitably endow, 
from time to time, as the circumstances of the people may authorize, all academies, 
colleges and seminaries of learning within the State; provided, that no donation, grant 
or endowment shall at any time be made by the Legislature to any literary institution 
now established, or which may hereafter be established, unless, at the time of making 
such endowment, the Legislature of the State shall have the right to grant any further 
powers to alter, limit or restrain any of the powers vested in any such literary institution, 
as shall be judged necessary to promote the best interests thereof. 
Section 2. Authority to pledge the credit of the State and to issue bonds for 
loans to Maine students in higher education and their parents. For the purpose of 
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assisting the youth of Maine to achieve the required levels of learning and to develop 
their intellectual and mental capacities, the Legislature, by proper enactment, may 
authorize the credit of the State to be loaned to secure funds for loans to Maine students 
attending institutions of higher education, wherever situated, and to parents of these 
students. Funds shall be obtained by the issuance of state bonds, when authorized by 
the Governor, but the amount of bonds issued and outstanding shall not at one time 
exceed in the aggregate $4,000,000. Funds loaned shall be on such terms and 
conditions as the Legislature shall authorize. 
Article VIII. 
Part Second. 
Municipal Home Rule. 
Section 1. Power of municipalities to amend their charters, The inhabitants 
of any municipality shall have the power to alter and amend their charters on all matters, 
not prohibited by Constitution or general law, which are local and municipal in 
character. The Legislature shall prescribe the procedure by which the municipality may 
so act. 
Section 2. Construction of buildings for industrial use, For the purposes of 
fostering, encouraging and assisting the physical location, settlement and resettlement 
of industrial and manufacturing enterprises within the physical boundaries of any 
municipality, the registered voters of that municipality may, by majority vote, authorize 
the issuance of notes or bonds in the name of the municipality for the purpose of 
purchasing land and interests therein or constructing buildings for industrial use, to be 
leased or sold by the municipality to any responsible industrial firm or corporation. 
Article IX, 
General Provisions. 
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Section 1. Oaths and subscriptions. Every person elected or appointed to 
either of the places or offices provided in this Constitution, and every person elected, 
appointed, or commissioned to any judicial, executive, military or other office under 
this State, shall, before entering on the discharge of the duties of that place or office, 
take and subscribe the following oath or affirmation: 
11I, __ do swear, that I will 
support the Constitution of the United States and of this State, so long as I shall continue 
a citizen thereof. So help me God.
__ do swear, that I will faithfully discharge, to the best of my abilities, the 
duties incumbent on me as ___ according to the Constitution and laws of the State. 
So help me God.
Alternative affirmation. Provided, that an affirmation in the above forms may 
be substituted, when the person shall be conscientiously scrupulous of taking and 
subscribing an oath. 
, 
Administration of oaths to Governor, Senators, Representatives, and other 
officers. The oaths or affirmations shall be taken and subscribed by the Governor 
before the presiding officer of the Senate, in the presence of both Houses of the 
Legislature, and by the Senators and Representatives before the Governor, and by the 
residue of said officers before such persons as shall be prescribed by the Legislature; 
and whenever the Governor shall not be able to attend during the session of the 
Legislature to take and subscribe said oaths or affirmations, such oaths or affirmations 
may be taken and subscribed in the recess of the Legislature before any Justice of the 
Supreme Judicial Court and provided further that, if the Governor shall' be unable to 
appear and administer the oath to the Senators and Representatives, such oaths shall be 
administered by the Chief Justice of the Supreme Judicial Court or in the absence of 
the Chief Justice, by the senior Associate Justice of said Supreme Judicial Court present 
at the State Capitol on the first day of the term for which said Senators and 
Representatives shall have been elected. 
Section 2. Offices incompatible with each other; election to Congress 
disqualifies. No person holding the office of Justice of the Supreme Judicial Court, or 
of any inferior court, Attorney General, district attorney, Treasurer of the State, 
Adjutant General, judge of probate, register of probate, register of deeds, sheriffs or 
their deputies, clerks of the judicial courts, shall be a member of the Legislature; and 
any person holding either of the foregoing offices, elected to, and accepting a seat in 
the Congress of the United States, shall thereby vacate said office; and no person shall 
be capable of holding or exercising at the same time within this State, more than one of 
the offices before mentioned. 
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Section 3. Commissions, All commissions shall be in the name of the State, 
signed by the Governor, attested by the Secretary or a deputy of the Secretary and have 
the seal of the State thereto affixed. 
Section 4. Elections on the first Wednesday after first Tuesday of January 
may be adjourned from day to day. In case the elections, requil'ed by this 
Constitution on the first Wednesday after the first Tuesday of January biennially, by 
the 2 Houses of the Legislature, shall not be completed on that day, the same may be 
adjoumed from day to day, until completed, in the following order: The vacancies in 
the Senate shall first be filled; and the Governor shall then be elected, if there be no 
choice by the people, 
Section 5. Removal by impeachment or address. Every person holding any 
civil office under this State, may be removed by impeachment, for misdemeanor in 
office; and every person holding any office, may be removed by the Governor on the 
address of both branches of the Legislature. But before such address shall pass either 
House, the causes of removal shall be stated and entered on the journal of the House in 
which it originated, and a copy thereof served on the person in office, that the person 
may be admitted to a hearing in that person
1s own defense. 
Section 6. Tenure of office. The tenure of all offices, which are not or shall 
not be otherwise provided for, shall be during the pleasure of the Governor. 
Section 7. Valuation, While the public expenses shall be assessed on estates, 
a general valuation shall be takeµ at least once in 10 years. 
Section 8, Taxation. All taxes upon real and personal estate, assessed by 
authority of this State, shall be apportioned and assessed equally according to the just 
value thereof. 
1. Intangible property. The Legislature shall have power to levy a tax upon 
intangible personal property at such rate as it deems wise·and equitable without regard 
to the rate applied to other classes of property. 
2. Assessment of certain lands based on current use; penalty on change to 
higher use. The Legislature shall have power to provide for the assessment of the 
following types of real estate whenever situated in accordance with a valuation based 
Page3l • 131LR3176(03) 
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upon the current use thereof and in accordance with such conditions as the Legislature 
may enact: 
A. Farms and agricultural lands, timberlands and woodlands; 
B. Open space lands which are used for recreation or the enjoyment of scenic 
natural beauty; 
C. Lands used for game management or wildlife sanctuaries; and 
D. Waterfront land that is used for or that supports commercial fishing 
activities. 
In implementing paragraphs A, B, C and D, the Legislature shall provide that 
any change of use higher than those set forth in paragraphs A, B, C and D, except when 
the change is occasioned by a transfer resulting from the exercise or threatened exercise 
of the power of eminent domain, shall result in the imposition of a minimum penalty 
equal to the tax which would have been imposed over the 5 years preceding that change 
of use had that real estate been assessed at its highest and best use, less all taxes paid 
on that real estate over the preceding 5 years, and interest, upon such reasonable and 
equitable basis as the Legislature shall determine. Any statutory or constitutional 
penalty imposed as a result of a change of use, whether imposed before or after the 
approval of this subsection, shall be determined without regard to the presence of 
minerals, provided that, when payment of the penalty is made or demanded, whichever 
occurs first, there is in effect a state excise tax which applies or would apply to the 
mining of those minerals. 
3. School districts. The Legislature shall have power to provide that taxes, 
which it may authorize a School Administrative District or a community school district 
to levy, may be assessed on real, personal and intangible prope1ty in accordance with 
any cost-sharing formula which it may authorize. 
4. Watercraft. Beginning with the prope1ty tax year 1984, all watercraft as 
defined by the Legislature shall be exempt from taxation as personal prope1ty, provided 
that certain watercraft as defined by the Legislature shall be subject to an excise tax to 
be collected and retained by the municipalities. 
5. Historic and scenic preservation. The Legislature shall have the power to 
provide that municipalities may reduce taxes on real prope1ty if the property owner 
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agrees to maintain the property in accordance with criteria adopted by the governing 
legislative body of the municipality to maintain the historic integrity of important 
structures or to provide scenic view easements of significant vistas. 
Section 9. Power of taxation, The Legislature shall never, in any manner, 
suspend or surrender the power of taxation. 
Section 10. Tenure of sheriffs. Sheriffs shall be elected by the people of their 
respective counties, by a plurality of the votes given in on the Tuesday following the 
first Monday of November, and shall hold their offices for 4 years from the first day of 
January next after their election, unless sooner removed as hereinafter provided. 
Removal of sheriffs from office ancl replacement. Whenever the Governor 
upon complaint, due notice and hearing shall find that a sheriff is not faithfully or 
efficiently performing any duty imposed upon the sheriff by law, the Govemor may 
remove such sheriff from office and appoint another sheriff to serve for the rnmainder 
of the term for which such removed sheriff was elected. All vacancies in the office of 
sheriff, other than those caused by removal in the manner aforesaid shall be filled in 
the same manner as is provided in the case of judges and registers of probate. 
Section 11. Attorney General. The Attorney General shall be chosen 
biennially by joint ballot 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. 
Section 12. Voting districts. The Legislature may by law authorize the 
dividing of towns into voting districts for all state and national elections, and prescribe 
the manner in which the votes shall be received, counted, and the result of the election 
declared. 
Section 13. Bribery at elections. The Legislature may enact laws excluding 
from the right of suffrage, for a term not exceeding IO years, all persons convicted of 
bribery at any election, or of voting at any election, under the influence of a bribe. 
Section 14, Authority and procedure for issuance of bonds. The credit of 
the State shall not be directly or indirectly loaned in any case, except as provided in 
sections 14-A, 14-B, 14-C and 14-D. The Legislature shall not create any debt or debts, 
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liability or liabilities, on behalf of the State, which shall singly, or in the aggregate, with 
previous debts and liabilities hereafter incurred at any one time, exceed $2,000,000, 
except to suppress insurrection, to repel invasion, or for purposes of war, and except 
for temporary loans to be paid out of money raised by taxation during the fiscal year in 
which they are made, and except for loans to be repaid within 12 months with federal 
transportation funds in amounts not to exceed 50% of transp01iation funds appropriated 
by the federal government in the prior federal fiscal year; and excepting also that 
whenever 2/3 of both Houses shall deem it necessary, by proper enactment ratified by 
a majority of the electors voting thereon at a general or special election, the Legislature 
may authorize the issuance of bonds on behalf of the State at such times and in such 
amounts and for such purposes as approved by such action; but this shall not be 
construed to refer to any money that has been, or may be deposited with this State by 
the Government of the United States, or to any fund which the State shall hold in trust 
for any Indian tribe. Whenever ratification by the electors is essential to ·the validity of 
bonds to be issued on behalf of the State, the question submitted to the electors shall be 
accompanied by a statement setting forth the total amount of bonds of the State 
outstanding and unpaid, the total amount of bonds of the State authorized and unissued, 
and the total amount of bonds of the State contemplated to be issued if the enactment 
submitted to the electors be ratified, For any bond authorization requiring ratification 
of the electors pursuant to this section, if any bonds have not been issued within 5 years 
of the date of ratification, then those bonds may not be issued after that date. Within 2 
years after expiration of that 5-year period, the Legislature may extend, by a majority 
vote, the 5-year period for an additional 5 years or may deauthorize the bonds. If the 
Legislature fails to take action within those 2 years, the bond issue shall be considered 
to be deauthorized and no further bonds may be issued. For any bond authorization in 
existence on November 6, 1984, and for which the 5-year period following ratification 
has expired, no further bonds may be issued unless the Legislature, by November 6, 
1986, reauthorizes those bonds by a majority vote, f01• an additional 5-year period, 
failing which all bonds unissued under those authorizations shall be considered to be 
deauthorized. Temporary loans to be paid out of moneys raised by taxation during any 
fiscal year shall not exceed in the aggregate during the fiscal year in question an amount 
greater than 10% of all the moneys appropriated, authorized and allocated by the 
Legislature from undedicated revenues to the General Fund and dedicated revenues to 
the Highway Fund for that fiscal year, exclusive of proceeds or expenditures from the 
sale of bonds, 01· greater than 1 % of the total valuation of the State of Maine, whichever 
is the lesser. 
• 
Section 14-A. Authority to insure industrial, manufacturing, fishing, and 
agricultural mortgage loans. For the purposes of fostering, encouraging and assisting 
the physical location, settlement and resettlement of industrial, manufacturing, fishing, 
agricultural and recreational enterprises within the State, the Legislature by proper 
enactment may insure the payment of mortgage loans on real estate and personal 
property within the State of such industrial, manufacturing, fishing, agricultural and 
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recreational enterprises not exceeding in the aggregate $90,000,000 in amount at any 
one time and may also appropriate moneys and authorize the issi.iance of bonds on 
behalf of the State at such times and in such amounts as it may determine to make 
payments insured as aforesaid. For the purposes of this section, a documented fishing 
vessel or a vessel registered under state law shall be construed as real estate. 
Section 14-B. Authority to insure revenue bonds of the Maine School 
Building Authority. In order to encourage and assist in the provision and construction 
of public school buildings in the State, the Legislature by proper enactment may insure 
the payment of revenue bonds of the Maine School Building Authority on school 
projects within the State not exceeding in the aggregate $6,000,000 in amount at any 
one time and may also appropriate moneys and authorize the issuance of bonds on 
behalf of the State at such times and in such amounts as it may determine to make 
payments insured as aforesaid. 
Section 14-C, Authority to insure mortgage loans for Indian housing. For 
the purpose of fostering and encouraging the acquisition, construction, repair and 
remodeling of houses owned or to be owned by members of the 2 tribes on the several 
Indian reservations, the Legislature by proper enactment may insure the payment of 
mortgage loans on such houses not exceeding in the aggregate $1 1000,000 in amount 
at any one time and may also appropriate moneys and authorize the issuance of bonds 
on behalf of the State at such times and in such amounts as it may determine to make 
payments insured as aforesaid. 
Section 14~D. Authority to insure Maine veterans' mortgage loans, and to 
appropriate moneys and issue bonds for the payment of same. For the purposes of 
recognizing the services and sacrifices of Maine's men and women who have served 
their state and country through honorable service in the Armed Forces of the United 
States in time of war or national emergency; enlarging the opportunities for 
employment of Maine's veterans; insuring the preservation and betterment of the 
economy of the State of Maine; and stimulating the flow of private investment funds to 
Maine's veterans, the Legislature by proper enactment may insure the payment of any 
mortgage loan to resident Maine veterans of the Armed Forces of the United States, 
including a business organization owned in whole or in part by a resident Maine 
veteran, when such loans are made in connection with such legitimate purposes and 
under such terms and conditions as the Legislature may determine, not exceeding in the 
aggregate $4,000,000 in amount at any one time and may also appropriate moneys and 
authorize the issuance of bonds on behalf of the State at such times and in such amounts 
as it may determine to make payments insured as aforesaid. 
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Section 15. Municipal borrowing regulated by Legislature through general 
law. The Legislature shall enact general law regulating the total borrowing capacity of 
municipal corporations, 
Section 16. Seat of government. Augusta is hereby declared to be the seat of 
government of this State. 
Section 17. 
Continuity of Government in case of enemy attack, 
Notwithstanding any general or special provision of this Constitution, the Legislature, 
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in order to insure continuity of state and local governmental operations in periods of 
I l 
emergency resulting from disasters caused by enemy attack, shall have the power and 
the immediate duty to provide for prompt and temporary succession to the powers and 
duties of public offices, of whatever nature and whether filled by election or 
appointment, the incumbents of which may become unavailable for carrying on the 
powers and duties of such offices, and to adopt such other measures as may be 
necessary and proper for insuring the continuity of governmental operations including 
but not limited to the financing thereof, In the exercise of the powers hereby conferred 
the Legislature shall in all respects conform to the requirements of this Constitution 
except to the extent that in the judgment of the Legislature so to do would be 
impracticable or would admit of undue delay. 
Section 18, Limitation on use of funds of Maine State Retirement System. 
All of the assets, and proceeds or income therefrom, of the Maine State Retirement 
System or any successor system and all contributions and payments made to the system 
to provide for retirement and related benefits shall be held, invested or disbursed as in 
trust for the exclusive purpose of providing for such benefits and shall not be 
encumbered for, or diverted to, other purposes. Funds appropriated by the Legislature 
for the Maine State Retirement System are assets of the system and may not be dive1ied 
or deappropriated by any subsequent action. 
Section 18~A. Funding of retirement benefits under the Maine Public 
Employees Retirement System. Beginning with the fiscal year starting July 1, 1997, 
the normal cost of all retirement and ancillary benefits provided to participants under 
the Maine Public Employees Retirement System must be funded annually on an 
actuarially sound basis, Unfunded liabilities may not be created except those resulting 
from experience losses. Unfunded liability resulting from experience losses must be 
retired over a period not exceeding 20 years. 
Section 18-B. Payment of unfunded liabilities of the Maine State 
Retirement System. Each fiscal year beginning with the fiscal year starting July 1, 
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1997, the Legislature shall appropriate funds that will retire in 31 years or less the 
unfunded liabilities of the Maine State Retirement System that are attributable to state 
employees and teachers. The unfunded liabilities referred to in this section are those 
determined by the Maine State Retirement System's actuaries and certified by the Board 
ofTmstees of the Maine State Retirement System as of June 30, 1996. 
Section 19. Limitation on expenditure of motor vehicle and motor vehicle 
fuel revenues. All revenues derived from fees, excises and license taxes relating to 
registration, operation and use of vehicles on public highways, and to fuels used for 
propulsion of such vehicles shall be expended solely for cost of administration, 
statutory refunds and adjustments, payment of debts and liabilities incurred in 
construction and reconstruction of highways and bridges, the cost of construction, 
reconstruction, maintenance and repair of public highways and bridges under the 
direction and supervision of a state department having jurisdiction over such highways 
and bridges and expense for state enforcement of traffic laws and shall not be diverted 
for any purpose, provided that these limitations shall not apply to revenue from an 
excise tax on motor vehicles imposed in lieu of personal property tax. 
Section 20. Mining Excise Tax Trust Fund. The principal amount of the 
Mining Excise Tax Trust Fund or any successor fund may not be expended unless the 
expenditure is approved in a separate measure by a 2/3 vote of all the members elected 
to each House of the Legislature and by the Governor. 
Section 21. State mandates. For the purpose of more fairly apportioning the 
cost of government and providing local property tax relief, the State may not require a 
local unit of government to expand or modify that unit's activities so as to necessitate 
additional expenditures from local revenues unless the State provides annually 90% of 
the funding for these expenditures from State funds not previously appropriated to that 
local unit of government. Legislation implementing this section or requiring a specific 
expenditure as an exception to this requirement may be enacted upon the vote of 2/3 of 
all members elected to each House, This section must be liberally construed. 
Section 22. Revenues generated by fisheries and wildlife management. The 
amount of funds appropriated in any fiscal year to the Department of Inland Fisheries 
and Wildlife, or any successor agency responsible for fisheries and wildlife 
management, other than commercial marine fisheries management, may not be less 
than the total revenues collected, received or recovered by the Department of Inland 
Fisheries and Wildlife, or successor agency, from license and permit fees, fines, the 
sale, lease or rental of property, penalties and all other revenue sources pursuant to the 
laws of the State administered by the department or successor agency, except that 
revenues received from the Federal Government may be allocated as provided by 
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federal or state law and the Legislature may establish special funds and deposit 
revenues collected, received or recovered by the department or successor agency into 
those special funds, provided that the revenues are allocated and expended only for the 
purposes of those special funds as provided by law. 
Section 23, State park land. State park land, public lots or other real estate 
held by the State for conservation or recreation purposes and designated by legislation 
implementing this section may not be reduced or its uses substantially altered except 
on the vote of 2/3 of all the members elected to each House. The proceeds from the 
sale of such land must be used to purchase additional real estate in the same county for 
the same purposes. 
Section 24, Reapportionment. Congressional districts must be reapportioned 
as follows. 
1. Procedure. Beginning in 2021 and every 10 years thereafter, when the 
Secretary of State has received notification of the number of congressional seats to 
which the State is entitled and the Federal Decennial Census population count is final, 
the Legislative Apportionment Commission, established every 10 years pursuant to 
Article IV, Part Third, Section 1-A, shall review the existing congressional districts. If 
the districts do not conform to Supreme Judicial Court guidelines, the commission shall 
reapportion the State into congressional districts. 
In making such a reappmiionment, the commission shall ensure that each 
congressional district is formed of compact and contiguous territory and crosses 
political subdivisions the least number of times necessary to establish districts as 
equally populated as possible. The commission shall submit its plan to the Clerk of the 
House of Representatives no later than June 1st of the year in which apportionment is 
required. The Legislature shall enact the submitted plan of the commission or a plan of 
its own in regular or special session by a vote of2/3 of the members of each House by 
June 11th of the year in which apportionment is required to the Clerk of the House of 
Representatives. This action is subject to the Govemor's apprnval, as provided in 
Article IV, Pait Third, Section 2. 
2. Court apportionment. If the Legislature fails to make an apportionment 
by June 11th, the Supreme Judicial Court shall make the apportionment within 60 days 
following the period in which the Legislature is required to act but fails to do so. In 
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making the apportionment, the Supreme Judicial Court shall take into consideration 
plans and briefs filed by the public with the court during the first 30 days of the period 
in which the comi is required to appo1iio11. 
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3. Judicial review. The Supreme Judicial Cou1t has original jurisdiction to 
hear any challenge to an app01tionment law enacted by the Legislature, as registered 
by any citizen or group of citizens. If a challenge is sustained, the Supreme Judicial 
Court shall make the apportionment. 
Section 25. Apportionment of county comm1ss10ner districts. County 
commissioner districts must be appo1tioned as follows. 
1. Redistricting, generally. Beginning in 2021 and every 10 years thereafter, 
the apportionment commission established under Article IV, Pait Third, Section 1 ~A 
shall review the existing county commissioner districts and, as necessary, reapportion 
those districts in each county to establish as nearly as practicable equally populated 
districts. The Speaker of the House of Representatives is responsible for calling the 
commission together to review the county commissioner districts. No action may be 
taken by the commission without a quorum of 7. 
A. The apportionment commission shall divide the number of commissioners 
in each county into the number of inhabitants of the county, excluding 
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 county 
commissioner district. Each county commissioner district must be formed of 
contiguous and compact territory and must 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 must be drawn within the municipal 
boundaries. Any population remainder within the municipality must be 
included in a district drawn to cross the municipal boundary as long as the 
population remainder within the municipality is contiguous to another 
municipality or municipalities included in the district. Any county that already 
meets the standards and guidelines for equally populated districts, as established 
by this section, this Constitution and the Constitution of the United States, need 
not be reapp01tioned. 
B. Interested paities from each county may submit redistricting plans for the 
commission to consider. Those plans must be submitted to the commission no 
later than 30 calendar days after the commission is called together by the 
Speaker of the House of Representatives under this subsection. The 
commission may hold public hearings on plans affecting each county. 
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C. 
The commission shall submit its plan to the Clerk of the House of 
Representatives no later than June 1st of the year in which apportionment is 
required. The Clerk of the House of Representatives shall submit to the 
Legislature, no later than January 15, 2022, and every 10th year thereafter, one 
legislative document to reapportion the county commissioner districts based on 
the plan submitted by the apportiomnent commission. The Legislature must 
enact the submitted plan or a plan of its own in regular or special session by a 
vote of2/3 of the members of each House within 30 calendar days after the plan 
is submitted to it by the Clerk of the House of Representatives. This action is 
subject to the Governor's approval, as provided in Article IV, Part Third, Section 
2. 
2. Supreme Judicial Court. If the Legislature fails to make an apportionment 
within the 30 calendar days, the Supreme Judicial Court shall make the apportionment 
within 60 calendar days following the period in which the Legislature is required to act 
but fails to do so. In making the apportionment, the Supreme Judicial Court shall 
consider plans and briefs filed by the public with the court during the first 30 days of 
the period in which the court is required to apportion. 
Article X. 
Additional Provisions. 
{Section 1. See 2024 Rearrangement notes.] 
[Section 2. See 2024 Rearrangement notes.] 
Section 3, Laws now in force continue until repealed. All laws now in force 
in this State, and not repugnant to this Constitution, shall remain, and be in force, until 
altered or repealed by the Legislature, or shall expire by their own limitation. 
Section 4. Amendments to Constitution. The Legislature, whenever 2/3 of 
both Houses shall deem it necessary, may propose amendments to this Constitution; 
and when any amendments shall be so agreed upon, a resolution shall be passed and 
sent to the selectmen of the several towns, and the assessors of the several plantations, 
empowering and directing them to notify the inhabitants of their respective towns and 
plantations, in the manner prescribed by law, at the next biennial meetings in the month 
of November, or to meet in the manner prescribed by law for calling and holding 
biennial meetings of said inhabitants for the election of Senators and Representatives, 
on the Tuesday following the first Monday of November following the passage of said 
resolve, to give in their votes on the question, whether such amendment shall be made; 
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and if it shall appear that a majority of the inhabitants voting on the question are in 
favor of such amendment, it shall become a part of this Constitution. 
Section 5. Persons in office to continue to hold their offices; part of a law of 
Massachusetts made a part of this constitution. All officers provided for in the sixth 
section of an act of the Commonwealth of Massachusetts, passed on the nineteenth day 
of June, in the year of our Lord one thousand eight hundred and nineteen, entitled 
11an 
act relating to the separation of the district of Maine from Massachusetts proper, and 
forming the same into a separate and independent State," shall continue in office as 
O 
therein provided; and the following provisions of said act shall be a part of this 
constitution, subject however to be modified or annulled as therein is prescribed, and 
not otherwise, to wit: 
"Sec. 1. Whereas it has been represented to this Legislature, that a majority of the 
people of the district of Maine are desirous of establishing a separate and independent 
government within said district: therefore, 
"Be it enacted by the Senate and House of Representatives in general court 
assembled, and by the authority of the same, That the consent of this commonwealth 
be, and the same is hereby given, that the district of Maine may be formed and erected 
into a separate and independent state, if the people of the said district shall in the 
manner, and by the majority hereinafter mentioned, express their consent and 
agreement thereto, upon the following terms and conditions: and provided the congress 
of the United States shall give its consent thereto, before the fourth day of March next: 
which terms and conditions are as follows, viz. 
"First. All the lands and buildings belonging to the commonwealth, within 
Massachusetts proper, shall continue to belong to said commonwealth, and all the lands 
belonging to the commonwealth within the district of Maine, shall belong, the one-half 
thereof to the said commonwealth, and the other half thereof, to the state to be formed 
within the said district, to be divided as is hereinafter mentioned; and the lands within 
the said district, which shall belong to the said commonwealth, shall be free from 
taxation, while the title to the said lands remains in the commonwealth; and the rights 
of the commonwealth to their lands, within said district, and the remedies for the 
recovery thereof, shall continue the same, within the proposed state, and in the courts 
thereof, as they now are within the said commonwealth, and in the courts thereof; for 
which purposes, and for the maintenance of its fights, and recovery of its lands, the said 
commonwealth shall be entitled to all other proper and legal remedies, and may appear 
in the courts of the proposed state and in the courts of the United States, holden therein; 
and all rights of action fot\ or entry into lands, and of actions upon bonds, for the breach 
of the performance of the condition of settling duties, so called, which have accrued or 
may accrue, shall remain in this commonwealth, to be enforced, commuted, released, 
Page41-131LR3176(03) 
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or otherwise disposed of, in such manner as this commonwealth may hereafter 
determine: provided, however, that whatever this commonwealth may hereafter receive 
01· obtain on account thereof, if any thing, shall, after deducting all reasonable charges 
relating thereto, be divided, one-third pa1t thereof to the new state, and two-third parts 
thereof to this commonwealth. 
11Second. All the arms which have been received by this commonwealth from the 
United States, under the law of congress, entitled "an act making provisions for arming 
and equipping the whole body of militia of the United States," passed April the twenty-
third, one thousand eight hundred and eight, shall, as soon as the said district shall 
become a separate state, be divided between the two states, in propo1tion to the returns 
of the militia, according to which, the said arms have been received from the United 
States, as aforesaid. 
11111ird. All money, stock or other proceeds, hereafter derived from the United 
States, on account of the claim of this commonwealth, for disbursements made, and 
expenses incurred, for the defence of the state, during the late war with Great Britain, 
shall be received by this commonwealth, and when received, shall be divided between 
the two states, in the proportion of two-thirds to this commonwealth, and one-third to 
the new state. 
"Fourth. All other property, of every description, belonging to the commonwealth, 
shall be holden and receivable by the same as a fund and security, for all debts, 
annuities, and Indian subsidies, or claims due by said commonwealth; and within two 
years after the said district shall have become a separate state, the commissioners to be 
appointed, as hereinafter provided, if the said states cannot otherwise agree, shall assign 
a just portion of the productive property, so held by said commonwealth, as an 
equivalent and indemnification to said commonwealth, for all such debts, annuities or 
Indian subsidies or claims, which may then remain due, or unsatisfied: and ail the 
surplus of the said property, so holden as aforesaid, shall be divided between the said 
commonwealth and the said district of Maine, in the proportion of two-thirds to the said 
commonwealth, and one-third to the said district-and if, in the judgment of the said 
commissioners, the whole of said prope1ty, so held, as a fund and security, shall not be 
sufficient indemnification for the purpose, the said district shall be liable for and shall 
pay to said commonwealth one-third of the deficiency. 
11Flfth. The new State shall, as soon as the necessary arrangements can be made for 
that purpose, assume and perform all the duties, and obligations of this conunonwealth, 
towards the Indians within said district of Maine, whether the same arise from treaties, 
or otherwise; and for this purpose shall obtain the assent of said Indians, and their 
release to this commonwealth of claims and stipulations arising under the treaty at 
present existing between the said commonwealth and said Indians; and as an 
indemnification to such new state, therefore, this commonwealth when such 
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arrangements shall be completed, and the said duties and obligations assumed, shall 
pay to said new state, the value of thirty thousand dollars, in manner following, viz: the 
said commissioners shall set off by metes and bounds, so much of any part of the land 
within the said district, falling to this commonwealth in the division of the public lands, 
hereinafter provided for, as in their estimation shall be of the value of thirty thousand 
dollars; and this commonwealth shall, thereupon, assign the same to the said new state, 
or in lieu thereof, may pay the sum of thirty thousand dollars at its election; which 
election of the said commonwealth, shall be made within one year from the time that 
notice of the doings of the commissioners, on this subject, shall be made known to the 
Governor and Council; and if not made within that time, the election shall be with the 
new state. 
11Sixth. Commissioners, with the powers and for the purposes mentioned in this act, 
shall be appointed in manner following: the executive authority of each state shall 
appoint two; and the four so appointed or the major part of them, shall appoint two 
more: but if they cannot agree in the appointment, the executive of each state shall 
appoint one in addition; not however, in that case, to be a citizen of its own state. And 
any vacancy happening with respect to the commissioners shall be supplied in the 
manner provided for their original appointment; and, in addition to the powers herein 
before given to said commissioners, they shall have full power and authority to divide 
all the public lands within the district, between the respective states, in equal shares> or 
moities, in severalty, having regard to quantity, situation and quality; they shall 
determine what lands shall be surveyed and divided, from time to time, the expense of 
which surveys, and of the commissioners, shall be borne equally by ti1e two states. They 
shall keep fair records oftheh' doings, and of the surveys made by their direction, copies 
of which records, authenticated by them, shall be deposited from time to time in the 
archives of the respective states; transcripts of which, properly certified, may be 
admitted in evidence in all questions touching the subject to which they !'elate. The 
executive authority of each state may revoke the power of either or both its 
commissioners: having, however, first appointed a substitute, or substitutes, and may 
fill any vacancy happening with respect to· its own commissioners: four of said 
commissioners shall constitute a quorum, for the transaction of business; their decision 
shall be final upon all subjects within their cognizance. In case said commission shall 
expire, the same not having been completed, and either state shall request the renewal 
or filling up of the same, it shall be renewed or filled up in the same manner, as is herein 
provided for filling the same, in the first instance, and with the like powers; and if either 
state shall, after six months notice, neglect or refuse to appoint its commissioners, the 
other may fill up the whole commission. 
11Seventh. All grants of land, franchises, ilmnunities, corporate or other rights, and 
all contracts for, or grants of land not yet located, which have been or may be made by 
the said commonwealth, before the separation of said district shall take place, and 
having or to have effect within the said district, shall continue in full force, after the 
said district shall become a separate state. But the grant which has been made to the 
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president and trustees of Bowdoin College, out of the tax laid upon the banks, within 
this commonwealth, shall be charged upon the tax upon the banks within the said 
district of Maine, and paid according to the terms of said grant; and the president and 
trustees, and the overseers of said college, shall have, hold and enjoy their powers and 
privileges in all respects; so that the same shall not be subject to be altered, limited, 
annulled or restrained except by judicial process, according to the principles of law; 
and in all grants hereafter to be made, by either state, of unlocated land within the said 
district, the same reservations shall be made for the benefit of schools and of the 
ministry, as have heretofore been usual, in grants made by this commonwealth. And all 
lands heretofore granted by this commonwealth, to any religious, literary, or 
eleemosynary corporation, or society, shall be free from taxation, while the same 
continues to be owned by such corporation, or society, 
"Eighth. No laws shall be passed in the proposed state, with regard to taxes, actions, 
or remedies at law, or bars or limitations thereof, or otherwise making any distinction 
between the lands and rights of property of proprietors, not resident in, or not citizens 
of said proposed state, and the lands and rights of property of the citizens of the 
p1:oposed state, resident therein; and the rights and liabilities of all persons, shall, after 
the said separation, continue the same as if the said district was still a part of this 
commonwealth, in all suits pending, or judgments remaining unsatisfied on the fifteenth 
day of March next, where the suits have been commenced in Massachusetts proper, and 
process has been served within the district of Maine; or conm1enced in the district of 
Maine, and process has been served in Massachusetts proper, either by taking bail, 
making attachments, arresting and detaining persons, or otherwise, where execution 
remains to be done; and in such suits the courts within Massachusetts proper, and within 
the proposed state, shall continue to have the same jurisdiction as if the said district had 
still remained a part of the commonwealth. And this commonwealth shall have the same 
remedies within the proposed state, as it now has, for the collection of all taxes, bonds, 
or debts, which may be assessed, due, made, or contracted, by, to, or with the 
c01mnonwealth, on or before the said fifteenth day of March, within the said district of 
Maine; and all officers within Massachusetts proper and the district of Maine, shall 
conduct themselves accordingly. 
"Ninth These terms and conditions, as here set forth, when the said district shall 
become a separate and independent state, shall, ipso facto, be incorporated into, and 
become and be a part of any constitution, provisional or other, under which the 
government of the said proposed state, shall, at any time hereafter, be administered; 
subject however, to be modified, or annulled by the agreement of the legislature of both 
the said states; but by no other power or body whatsoever." 
Section 6, Constitution to be al'ranged by Chief Justice of the Supl'eme 
Judicial Coul't; Constitution to be enrolled and printed with laws; supreme law of 
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the State, The Chief Justice of the Supreme Judicial Court shall arrange the 
Constitution, as amended, under appropriate titles and in proper aiticles, parts and 
sections, omitting all sections, clauses and words not in force and maldng no other 
changes in the provisions or language thereof, and shall submit the same to the 
Legislature; and such anangement of the Constitution shall be made and submitted to 
the regular session of the Legislature in 1973 and every 10 years thereafter unless 
sooner authorized by the Legislature; and the draft and arrangement, when approved 
by the Legislature, shall be enrolled on parchment and deposited in the office of the 
Secretary of State; and printed copies thereof shall be prefixed to the books containing 
the Revised Statutes of the State. And the Constitution, with the amendments made 
thereto, in accordance with the provisions thereof, shall be the supreme law of the State. 
Section 7. Original sections 1, 2, 5, of Article X not to be printed; section 5 
in full force, (Repealed) 
2024 REARRANGEMENT NOTES 
of Chief Justice Valerie Stanfill 
Article X, section 7 was repealed by Const. Res. 2023, ch. 1, passed in 2023. 
As a result, sections 1, 2 and 5 of aiticle X may be printed. Under aiticle X, section 
of the Maine Constitution, however, in arranging the Constitution to be printed 
the Chief Justice is required to omit "all sections, clauses and words not in force.,, 
Upon review of sections 1 and 2 for inclusion in the printing, it is patently clear on 
the face of each section that neither remains in force. They both pertain only to the 
first Legislature, which has long since adjourned. As a result, sections 1 and 2 have 
been omitted from article X. 
Section 5 is incorporated in this rearrangement because it is not evident from 
the plain text of this section that it is not in force. Section 5 of a1ticle X was also 
previously not printed pursuant to the now-repealed seventh section of article X. 
There are multiple versions of section 5 in existence before the 1875 passage of 
section 7, see Resolves 1875, ch. 98, approved in 1875, although the differences 
appear non-substantive. This arrangement incorporates the iteration of section 5 that 
appeared in the last officially published version of the Maine Constitution before 
the section was ordered not to be printed. See R.S. (1871) at 42~46.' 
Amend the resolve by relettering or renumbering any nonconsecutive Pait letter or 
section number to read consecutively. 
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SUMMARY 
This amendment replaces Appendix A, the Constitution of Maine, to replace A1ticle X, 
Section 5 with the version submitted by the Chief Justice of the Maine Supreme Judicial 
Court, which was the last version of Section 5 that was printed before it was required to 
not be pl'inted, 
This amendment also removes the Revisor's Note, which noted that, due to a large 
number of transcription errors contained in the last officially published version of Article 
X, Section 5 in 1875, the version that was included in the original resolve was the version 
as approved in 1820. 
SPONSORED BY~ 
(Representative MOONEN, M.) 
TOWN: Portland 
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