Maine Legislature, Session 131, LD 1536
Committee: State and Local Government
Sponsors: HICKMAN

Legislative Document
No. 1536
S.P. 609
In Senate, April 5, 2023
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine to Amend the Governor's Power to Reprieve, Pardon and 
Commute Sentences and Remit Penalties
Reference to the Committee on State and Local Government suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator HICKMAN of Kennebec.
Constitutional amendment. Resolved: Two thirds of each branch of the 
Legislature concurring, that the following amendment to the Constitution of Maine be 
proposed:
Constitution, Art. V, Pt. First, §11 is repealed and the following enacted in its 
place:
Section 11.  Power to remit fines and forfeitures and grant reprieves, 
commutations of sentences and pardons; board of pardons; report by 
Governor to Legislature.  The Governor has the power to remit fines and forfeitures, 
subject to rules and regulations prescribed by statute; and, after conviction, to grant 
reprieves, commutations of sentences and pardons, including cases of juvenile offenses, 
except in cases of impeachment. The Governor shall nominate and appoint a board of 
pardons, subject to confirmation as provided in Article V, Part First, Section 8, as 
prescribed by statute, to hear a recommendation or petition for reprieve, pardon or 
commutation. The board shall hear the recommendation or petition in open session and 
give an opinion on the recommendation or petition in writing to the Governor, after which 
the Governor may grant or refuse the reprieve, commutation or pardon, as the Governor 
determines best for the public safety. The Governor shall report to the Legislature at each 
session every remission of fines and forfeitures and every reprieve, commutation or pardon, 
or denial of reprieve, commutation or pardon, with the Governor's reasons for the denial, 
and the opinion of the board of pardons in each case required to be referred, stating the 
name and crime of the person convicted, the sentence, the date of the conviction and the 
date of the reprieve, commutation or pardon.
Constitutional referendum procedure; form of question; effective date.  
Resolved:  That the municipal officers of this State shall notify the inhabitants of their 
respective cities, towns and plantations to meet, in the manner prescribed by law for holding 
a statewide election, at a statewide election held in the month of November following the 
passage of this resolution, to vote upon the ratification of the amendment proposed in this 
resolution by voting upon the following question:
"Do you favor amending the Constitution of Maine to amend the 
Governor's power to pardon and remit penalties to grant reprieves, 
commutations of sentences and pardons, after conviction, including cases 
of juvenile offenses, except in cases of impeachment, to create a board of 
pardons and to require the Governor to provide reports to the Legislature 
about fines, forfeitures, reprieves, commutations and pardons?"
The legal voters of each city, town and plantation shall vote by ballot on this question 
and designate their choice by a cross or check mark placed within the corresponding square 
below the word "Yes" or "No."  The ballots must be received, sorted, counted and declared 
in open ward, town and plantation meetings and returns made to the Secretary of State in 
the same manner as votes for members of the Legislature.  The Governor shall review the 
returns.  If it appears that a majority of the legal votes are cast in favor of the amendment, 
the Governor shall proclaim that fact without delay and the amendment becomes part of 
the Constitution of Maine on the date of the proclamation.
Secretary of State shall prepare ballots.  Resolved:  That the Secretary of State 
shall prepare and furnish to each city, town and plantation all ballots, returns and copies of 
this resolution necessary to carry out the purposes of this referendum.
SUMMARY
This resolution proposes to amend the Constitution of Maine to amend the Governor's 
power to pardon and remit penalties to grant reprieves, commutations of sentences and 
pardons, after conviction, including cases of juvenile offenses, except in cases of 
impeachment, and to create a board of pardons.