These amendments were originally done by David Darlington, and completed by Mike Peterson. JW, *** CSTART ME 12/06/1819 1/1/2000 *** *** MSTART 001 005.0 004.0 1 ME 1819 1834 *** 5. The electors resident in any city may, at any meeting duly notified for the choice of representatives, vote for such representatives in their respective ward meetings, and the wardens in said wards shall preside impartially at such meetings, receive votes of all qualified electors present, sort, count, and declare them in open ward meetings, and in the presence of the ward clerk, who will form a list of the persons voted for, with the number of votes for each person against his name; shall make a fair record thereof in the presence of the wardens, and in open ward meeting; and a fair copy of this list shall be attested by the warden and ward clerk, sealed up in open ward meeting, and delivered to the city clerk within twenty-four hours after the close of the polls. And the aldermen of any city shall be in session, at their usual place of meeting, within twenty-four hours after any election, and, in the presence of the city clerk, shall examine and compare the copies of said lists, and in case any person shall have received a majority of all the votes he shall be declared elected by the aldermen, and the city clerk of any city shall make a record thereof, and the aldermen and city clerk shall deliver certified copies of such lists to the person or persons so elected within ten days, after the election. And the electors resident in any city may, at any meeting duly notified and holden for the choice of any other civil officers for whom they have been required heretofore to vote in town meeting, vote for such officers in their respective wards, and the same proceedings shall be had by the warden and ward clerk in each ward as in the case of votes for representatives. And the aldermen of any city shall be in session within twenty-four hours after the close of the polls in such meetings, and, in the presence of the city clerk, shall open, examine, and compare the copies from the lists of votes given in the several wards, of which the city clerk shall make a record, and a return thereof shall be made into the secretary of state's office, in the same manner as selectmen of towns are required to do. (Effective, 3/7/1834) *** MEND *** *** MSTART 002 010.0 001.0 0 ME 1819 1837 *** 10. 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 crime may be. And the privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion the public safety may require it. (Amended, 3/30/1837) *** MEND *** *** MSTART 003 004.0 006.0 0 ME 1819 1839 *** 4. All judicial officers now in office, or who may be hereafter appointed, shall, from and after the first day of March, in the year 1840, hold their offices for the term of seven 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,) and no longer, unless reappointed thereto. (Amended, 3/14/1839) *** MEND *** *** MSTART 004 002.0 004.0 1 ME 1819 1841 *** 2. The House of Representatives shall consist of one hundred and fifty-one members, to be elected by the qualified electors, for one year from the day next preceding the annual meeting of the Legislature. The Legislature, which shall first be convened under this constitution, shall, on or before the fifteenth day of August, in the year of our Lord, one thousand eight hundred and twenty-one, and the Legislature within every subsequent period of at most ten years, and at least five, cause the number of the inhabitants of the State to be ascertained, exclusive of foreigners not naturalized and Indians not taxed. The number of representatives shall, at the several periods of making such enumeration, be fixed and apportioned among the several counties as near as may be, according to the number of inhabitants, having regard to the relative increase of population. The number of representatives shall on said fist apportion be not less that one hundred nor more than one hundred and fifty. (Amended, 4/16/1841) *** MEND *** *** MSTART 005 005.0 004.0 1 ME 1819 1844 *** 5. The meetings for the choice of representatives shall be warned, in due course of law, by the selectmen of the several towns, seven days at least before the election; and the selectmen thereof shall preside impartially at such meetings, receive the votes of all the qualified electors present, sort, count, and declare them, in open town meeting, and in the presence of the town clerk, who shall form a list of the persons voted for, with the number of votes for each person against his name, shall make a fair record thereof in the presence of the selectmen, and in open town meeting; and a fair copy of this list shall be attested by the selectmen and town clerk, and delivered by said selectmen to each representative within ten days next after such election. And the towns and plantations, organized by law, belonging to any class herein provided shall hold their meetings at the same time in the respective towns and plantations; and the town and plantation meetings in such towns and plantations shall be notified, held, and regulated, the votes received, sorted, counted, and declared in the same manner. And the assessors and clerks of plantations shall have all the powers, and be subject to all the duties, which selectmen and town clerks have and are subject to by this constitution. And the selectmen of such towns, and the assessors of such plantations so classed, shall, within four days next after such meeting, meet at some place, to be prescribed and notified by the selectmen or assessors of the eldest town or plantation in such class, and the copies of said lists shall be then examined and compared; and, in case any person shall be elected by a majority of all the votes, the selectmen or assessors shall deliver the certified copies of such lists to the person so elected, within ten days next after such election, and the clerks of towns and plantations, respectively, shall seal up copies of all such lists, and cause them to be delivered into the secretary's office twenty days at least before the second Wednesday in May, annually; but, in case no person shall have a majority of votes, the selectmen and assessors shall, as soon as may be, notify another meeting, and the same proceedings shall be at every future meeting until an election shall have been effected: Provided, That the legislature may, by law, prescribe a different mode of returning, examining, and ascertaining the election of the representatives in such classes. (Amended, 3/19/1844) *** MEND *** *** MSTART 006 003.0 004.0 2 ME 1819 1844 *** 3. The meetings 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. And fair copies of the lists of votes shall be attested by the selectmen and town clerks of towns, and the assessors and clerks of plantations, and sealed up in open town and plantation meetings, and the town and plantation clerks, respectively, shall cause the same to be delivered into the secretary's office, thirty days at least before the second Wednesday of May. All other qualified electors, living in places unincorporated, who shall be assessed to the support of government by the assessors of an adjacent town, shall have the privilege of voting for senators, representatives, and governor in such town, and shall be notified by the selectmen thereof, for the purpose, accordingly. (Amended, 3/19/1844) *** MEND *** *** MSTART 007 004.0 004.0 2 ME 1819 1844 *** 4. The governor and council shall, as soon as may be, examine returned copies of such lists, and, twenty days before the said second Wednesday of May, issue a summons to such persons as shall appear to be elected by a majority of the votes in each district, to attend that day and take their seats. (Amended, 3/19/1844) *** MEND *** *** MSTART 008 005.0 004.0 2 ME 1819 1844 *** 5. The senate shall, on the said second Wednesday of May annually, determine who are elected by a majority of votes to be senators in each district; and, in case the full number of senators to be elected from each district shall not have been so elected, the members of the house of representatives, and such senators as shall have been elected, shall, from the highest number of the persons voted for, on said lists, equal to twice the number of senators deficient in every district, if there be so many voted for, elect, by joint ballot, the number of senators required; and in this manner all vacancies in the senate shall be supplied, as soon as may be, after such vacancies happen. (Amended, 3/19/1844) *** MEND *** *** MSTART 009 001.0 004.0 3 ME 1819 1844 *** 1. The legislature shall convene on the second Wednesday of May annually, and shall have full power to make and establish all reasonable laws and regulations for the defence and benefit of the people of this State, not repugnant to this constitution nor to that of the United States. (Amended, 3/19/1844) *** MEND *** *** MSTART 010 002.0 005.0 1 ME 1819 1844 *** 2. The governor shall be elected by the qualified electors, and shall hold his office one year, from the second Wednesday of May in each year. (Amended, 3/19/1844) *** MEND *** *** MSTART 011 003.0 005.0 1 ME 1819 1844 *** 3. The meetings for election of governor shall be notified, held, and regulated, and votes shall be received, sorted, counted, declared, and recorded in the same manner as those for senators and representatives. They shall be sealed and returned into the secretary's office in the same manner and at the same time as those for senators. And the secretary of state for the time being shall, on the second Wednesday of May then next lay the lists before the senate and house of representatives, to be by them examined, and, in case of a choice by a majority of all the votes returned, they shall declare and publish the same. But if no person shall have a majority of votes, the house of representatives shall, by ballot, from the persons having the four highest numbers of votes on the list, if so many there be, elect two persons, and make return of their names to the senate, of whom the senate shall, by ballot, elect one, who shall be declared the governor. (Amended, 3/19/1844) *** MEND *** *** MSTART 012 002.0 005.0 2 ME 1819 1844 *** 2. The councillors shall be chosen annually on the second Wednesday of May, by joint ballot of the senators and representatives in convention; and vacancies which shall afterwards happen shall be filled in the same manner; but not more than one councillor shall be elected from any district prescribed for the election of senators; and they shall be privileged from arrest in the same manner as senators and representatives. (Amended, 3/19/1844) *** MEND *** *** MSTART 013 004.0 009.0 0 ME 1819 1844 *** 4. And in case the elections required by this constitution on the second Wednesday of May, annually, by the two houses of the legislature, shall not be completed on that day, the same may be adjourned from day to day until completed, in the following order: The vacancies in the senate shall first be filled; the governor shall then be elected, if there be no choice by the people; and afterwards the two houses shall elect the council. (Amended, 3/19/1844) *** MEND *** *** MSTART 014 014.0 009.0 0 ME 1819 1847 *** 14. The credit of the State shall not be directly or indirectly loaned in any case. The legislature shall not create any debt or debts, 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 three hundred thousand dollars, except to suppress insurrection, to repel invasion, or for purposes of war; but this amendment 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. (Effective, 7/26/1847) *** MEND *** *** MSTART 015 005.0 004.0 1 ME 1819 1847 *** 5. The meetings for the choice of representatives shall be warned, in due course of law, by the selectmen of the several towns, seven days at least before the election; and the selectmen thereof shall preside impartially at such meetings, receive the votes of all the qualified electors present, sort, count, and declare them, in open town meeting, and in the presence of the town clerk, who shall form a list of the persons voted for, with the number of votes for each person against his name, shall make a fair record thereof in the presence of the selectmen, and in open town meeting; and a fair copy of this list shall be attested by the selectmen and town clerk, and delivered by said selectmen to each representative within ten days next after such election. And the towns and plantations, organized by law, belonging to any class herein provided shall hold their meetings at the same time in the respective towns and plantations; and the town and plantation meetings in such towns and plantations shall be notified, held, and regulated, the votes received, sorted, counted, and declared in the same manner. And the assessors and clerks of plantations shall have all the powers, and be subject to all the duties, which selectmen and town clerks have and are subject to by this constitution. And the selectmen of such towns, and the assessors of such plantations so classed, shall, within four days next after such meeting, meet at some place, to be prescribed and notified by the selectmen or assessors of the eldest town or plantation in such class, and the copies of said lists shall be then examined and compared; and, in case any person shall be elected by the highest number of votes, the selectmen or assessors shall deliver the certified copies of such lists to the person so elected, within ten days next after such election, and the clerks of towns and plantations, respectively, shall seal up copies of all such lists, and cause them to be delivered into the secretary's office twenty days at least before the second Wednesday in May, annually; but, in case no person shall have the highest number of votes, the selectmen and assessors shall, as soon as may be, notify another meeting, and the same proceedings shall be at every future meeting until an election shall have been effected: Provided, That the legislature may, by law, prescribe a different mode of returning, examining, and ascertaining the election of the representatives in such classes. (Amended, 3/19/1844; Amended, 8/2/1847) *** MEND *** *** MSTART 016 005.0 004.0 1 ME 1819 1847 *** 1. The electors resident in any city may, at any meeting duly notified for the choice of representatives, vote for such representatives in their respective ward meetings, and the wardens in said wards shall preside impartially at such meetings, receive votes of all qualified electors present, sort, count, and declare them in open ward meetings, and in the presence of the ward clerk, who will form a list of the persons voted for, with the number of votes for each person against his name; shall make a fair record thereof in the presence of the wardens, and in open ward meeting; and a fair copy of this list shall be attested by the warden and ward clerk, sealed up in open ward meeting, and delivered to the city clerk within twenty-four hours after the close of the polls. And the aldermen of any city shall be in session, at their usual place of meeting, within twenty-four hours after any election, and, in the presence of the city clerk, shall examine and compare the copies of said lists, and in case any person shall have received the highest number of the votes he shall be declared elected by the aldermen, and the city clerk of any city shall make a record thereof, and the aldermen and city clerk shall deliver certified copies of such lists to the person or persons so elected within ten days, after the election. And the electors resident in any city may, at any meeting duly notified and holden for the choice of any other civil officers for whom they have been required heretofore to vote in town meeting, vote for such officers in their respective wards, and the same proceedings shall be had by the warden and ward clerk in each ward as in the case of votes for representatives. And the aldermen of any city shall be in session within twenty-four hours after the close of the polls in such meetings, and, in the presence of the city clerk, shall open, examine, and compare the copies from the lists of votes given in the several wards, of which the city clerk shall make a record, and a return thereof shall be made into the secretary of state's office, in the same manner as selectmen of towns are required to do. (Effective, 3/7/1834; Amended, 8/2/1847) *** MEND *** *** MSTART 017 005.0 004.0 1 ME 1819 1850 *** 5. The meetings for the choice of representatives shall be warned, in due course of law, by the selectmen of the several towns, seven days at least before the election; and the selectmen thereof shall preside impartially at such meetings, receive the votes of all the qualified electors present, sort, count, and declare them, in open town meeting, and in the presence of the town clerk, who shall form a list of the persons voted for, with the number of votes for each person against his name, shall make a fair record thereof in the presence of the selectmen, and in open town meeting; and a fair copy of this list shall be attested by the selectmen and town clerk, and delivered by said selectmen to each representative within ten days next after such election. And the towns and plantations, organized by law, belonging to any class herein provided shall hold their meetings at the same time in the respective towns and plantations; and the town and plantation meetings in such towns and plantations shall be notified, held, and regulated, the votes received, sorted, counted, and declared in the same manner. And the assessors and clerks of plantations shall have all the powers, and be subject to all the duties, which selectmen and town clerks have and are subject to by this constitution. And the selectmen of such towns, and the assessors of such plantations so classed, shall, within four days next after such meeting, meet at some place, to be prescribed and notified by the selectmen or assessors of the eldest town or plantation in such class, and the copies of said lists shall be then examined and compared; and, in case any person shall be elected by the highest number of votes, the selectmen or assessors shall deliver the certified copies of such lists to the person so elected, within ten days next after such election, and the clerks of towns and plantations, respectively, shall seal up copies of all such lists, and cause them to be delivered into the secretary's office twenty days at least before the first Wednesday in January, annually; but, in case no person shall have the highest number of votes, the selectmen and assessors shall, as soon as may be, notify another meeting, and the same proceedings shall be at every future meeting until an election shall have been effected: Provided, That the legislature may, by law, prescribe a different mode of returning, examining, and ascertaining the election of the representatives in such classes. (Amended, 3/19/1844; Amended, 8/2/1847; Amended, 8/21/1850) *** MEND *** *** MSTART 018 003.0 004.0 2 ME 1819 1850 *** 3. The meetings 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. And fair copies of the lists of votes shall be attested by the selectmen and town clerks of towns, and the assessors and clerks of plantations, and sealed up in open town and plantation meetings, and the town and plantation clerks, respectively, shall cause the same to be delivered into the secretary's office, thirty days at least before the first Wednesday of January. All other qualified electors, living in places unincorporated, who shall be assessed to the support of government by the assessors of an adjacent town, shall have the privilege of voting for senators, representatives, and governor in such town, and shall be notified by the selectmen thereof, for the purpose, accordingly. (Amended, 3/19/1844; Amended 8/21/1850) *** MEND *** *** MSTART 019 004.0 004.0 2 ME 1819 1850 *** 4. The governor and council shall, as soon as may be, examine returned copies of such lists, and, twenty days before the said first Wednesday of January, issue a summons to such persons as shall appear to be elected by a majority of the votes in each district, to attend that day and take their seats. (Amended, 3/19/1844; Amended 8/21/1850) *** MEND *** *** MSTART 020 005.0 004.0 2 ME 1819 1850 *** 5. The senate shall, on the said first Wednesday of January annually, determine who are elected by a majority of votes to be senators in each district; and, in case the full number of senators to be elected from each district shall not have been so elected, the members of the house of representatives, and such senators as shall have been elected, shall, from the highest number of the persons voted for, on said lists, equal to twice the number of senators deficient in every district, if there be so many voted for, elect, by joint ballot, the number of senators required; and in this manner all vacancies in the senate shall be supplied, as soon as may be, after such vacancies happen. (Amended, 3/19/1844; Amended, 8/21/1850) *** MEND *** *** MSTART 021 001.0 004.0 3 ME 1819 1850 *** 1. The legislature shall convene on the first Wednesday of January annually, and shall have full power to make and establish all reasonable laws and regulations for the defence and benefit of the people of this State, not repugnant to this constitution nor to that of the United States. (Amended, 3/19/1844; Amended, 8/21/1850) *** MEND *** *** MSTART 022 002.0 005.0 1 ME 1819 1850 *** 2. The governor shall be elected by the qualified electors, and shall hold his office one year, from the first Wednesday of January in each year. (Amended, 3/19/1844; Amended, 8/21/1850) *** MEND *** *** MSTART 023 003.0 005.0 1 ME 1819 1850 *** 3. The meetings for election of governor shall be notified, held, and regulated, and votes shall be received, sorted, counted, declared, and recorded in the same manner as those for senators and representatives. They shall be sealed and returned into the secretary's office in the same manner and at the same time as those for senators. And the secretary of state for the time being shall, on the first Wednesday of January then next lay the lists before the senate and house of representatives, to be by them examined, and, in case of a choice by a majority of all the votes returned, they shall declare and publish the same. But if no person shall have a majority of votes, the house of representatives shall, by ballot, from the persons having the four highest numbers of votes on the list, if so many there be, elect two persons, and make return of their names to the senate, of whom the senate shall, by ballot, elect one, who shall be declared the governor. (Amended, 3/19/1844; Amended, 8/21/1850) *** MEND *** *** MSTART 024 002.0 005.0 2 ME 1819 1850 *** 2. The councillors shall be chosen annually on the first Wednesday of January, by joint ballot of the senators and representatives in convention; and vacancies which shall afterwards happen shall be filled in the same manner; but not more than one councillor shall be elected from any district prescribed for the election of senators; and they shall be privileged from arrest in the same manner as senators and representatives. (Amended, 3/19/1844; Amended 8/21/1850) *** MEND *** *** MSTART 025 004.0 009.0 0 ME 1819 1850 *** 4. And in case the elections required by this constitution on the first Wednesday of January, annually, by the two houses of the legislature, shall not be completed on that day, the same may be adjourned from day to day until completed, in the following order: The vacancies in the senate shall first be filled; the governor shall then be elected, if there be no choice by the people; and afterwards the two houses shall elect the council. (Amended, 3/19/1844; Amended, 8/21/1850) *** MEND *** *** MSTART 026 007.0 006.0 0 ME 1819 1855 *** 7. 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 annual election, on the second Monday of September, shall hold their offices for four 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 September election next after their occurrence; and in the mean time the governor, with the advice and consent of the council, may fill said vacancies by appointment, and the persons so appointed shall hold their offices until the first day of January thereafter. (New. Effective, 3/17/1855) *** MEND *** *** MSTART 027 008.0 006.0 0 ME 1819 1855 *** 8. Judges of municipal and police courts shall be elected by the people of their respective cities and towns, by a plurality of the votes given in at the annual meeting in March or April, and shall hold their offices for four years from the Monday following the day of their election. Vacancies in said office shall be filled by election at the next annual meeting in March or April; and in the mean time the governor, with the advice and consent of the council, may fill vacancies by appointment, until the Monday following said annual meeting. (Effective, 3/17/1855) *** MEND *** *** MSTART 028 003.0 007.0 0 ME 1819 1855 *** 3. The major-generals shall be elected by the senate and house of representatives, each having a negative on the other. The adjutant-general and the quartermaster-general shall be chosen annually by a joint ballot of the senators and representatives in convention. But the adjutant-general shall perform the duties of quartermaster-general until otherwise directed by law. The major-generals and brigadier- generals, and the commanding officers of regiments and battalions, shall appoint their respective staff- officers; and all military officers shall be commissioned by the governor. (Amended, 3/17/1855) *** MEND *** *** MSTART 029 009.0 009.0 0 ME 1819 1855 *** 9. Sheriffs shall be elected by the people of their respective counties, by a plurality of the votes given in on the second Monday of September, and shall hold their offices for two years from the first day of January next after their election. Vacancies shall be filled in the same manner as is provided in the case of judges and registers of probate. (Effective, 3/17/1855) *** MEND *** *** MSTART 030 010.0 009.0 0 ME 1819 1855 *** 10. The land-agent and attorney-general shall be chosen annually by joint ballot of the senators and representatives in convention. Vacancies in said offices occurring when the Legislature is not in session, may be filled by the appointment of the Governor, with the advice and consent of the Council. (Effective, 3/17/1855) *** MEND *** *** MSTART 031 001.0 002.0 0 ME 1819 1864 *** 2. Every male citizen of the United States of the age of twenty-one years and upwards, excepting paupers, persons under guardianship, and Indians not taxed, having his residence established in this State for the term of three months next preceding any election, shall be an elector for governor, senators, and representatives, in the town or plantation where his residence is so established, 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 town or plantation; nor shall the residence of a student at any seminary of learning entitle him to the right of suffrage in the town or plantation where such seminary is established. No person, however, shall be deemed to have lost his residence by reason of his absence from the State in the military service of the United States, or of this State. (Amended 3/24/1864) *** MEND *** *** MSTART 032 004.0 002.0 0 ME 1819 1864 *** 4. The election of Governor, Senators and Representatives shall be on the second Monday of September annually forever. But citizens of the State absent therefrom in the military service of the United States, or of this State, and not in the Regular Army of the United States, being otherwise qualified electors, shall be allowed to vote on Tuesday next after the first Monday of November, in the year of our Lord one thousand eight hundred and sixty-four, for governor and senators, and their votes shall be counted and allowed in the same manner and with the same effect as given on the second Monday of September in that year. And they shall be allowed to vote for governor, senators, and representatives on the second Monday of September annually thereafter forever, in the manner herein provided. On the day of election a poll shall be opened at every place without this State where a regiment, battalion, battery, company, or detachment of not less than twenty soldiers from the State of Maine may be found or stationed., and every citizen of said State of the age of twenty-one years, in such military service, shall be entitled to vote as aforesaid; and he shall be considered as voting in the city, town, plantation, and county in this State where he resided when he entered the service. The vote shall be taken by regiments when it can conveniently be done; when not so convenient, any detachment or part of a regiment, not less than twenty in number, and any battery or part thereof numbering twenty or more, shall be entitled to vote wherever they may be. The three ranking officers of such regiment, battalion, battery, company, or part of either, as the case may be, acting as such on the day of election, shall be supervisors of elections. If no officers, then three non-commissioned officers, according to their seniority, shall be such supervisors. If any officer or non-commissioned officer shall neglect or refuse to act, the next in rank shall take his place. In case there are no officers or non-commissioned officers present, or if they or either of them refuse to act, the electors present, not less than twenty, may choose, by written ballot, enough of their own number, not exceeding three, to fill the vacancies, and the persons so chosen shall be supervisors 'of elections. All supervisors shall be first sworn to support the Constitution of the United States and of this State, and faithfully and impartially to perform the duties of supervisors of elections. Each is authorized to administer the necessary oath to the others; and certificates thereof shall be annexed to the list of votes by them to be made and returned into the office of the secretary of state of this State as hereinafter provided. The polls shall be opened and closed at such hours as the supervisors, or a majority of them, shall direct: Provided, however, That due notice and sufficient time shall be given for all voters in the regiment, battalion, battery, detachment, company, or part, of either, as the case may be, to vote. Regimental and field officers shall be entitled to vote with their respective commands. When not in actual command, such officers and also all general and staff officers, and all surgeons, assistant surgeons, and chaplains, shall be entitled to vote at any place where polls are opened. The supervisors of elections shall prepare a ballot-box or other suitable receptacle for the ballots. Upon one side of every ballot shall be printed or written the name of the county, and also of the city, town, or plantation in this State in which is the residence of the person proposing to vote. Upon the other side shall be the .name or names of the persons to be voted for, and the office or offices which he or they are intended to fill. And before receiving any vote, the supervisors, or a majority of them, must be satisfied of the age and citizenship of the person claiming to vote, and that he has in fact a residence in the county, city, town or plantation which is printed or written on the vote offered by him. If his right to vote is challenged, they may require him to make true answers, upon oath, to all interrogatories touching his age, citizenship residence and right to vote, and shall hear any other evidence offered by him, or by those who challenge his right. They shall keep correct poll-lists of the names of all persons allowed to vote, and of their respective places of residence in this State, and also the number of the regiment and company or battery to which they belong ; which lists shall be certified by them, or by a majority of them, to be correct, and that such residence is in accordance with the indorsement of the residence of each voter on his vote. They shall check the name of every person before be is allowed to vote, and the check-mark shall be plainly made against his name on the poll- lists. They shall sort, count, and publicly declare the votes at the head of their respective commands on the day of election, unless prevented by the public enemy, and in that case as soon thereafter as may be; and on the same day of said declaration they shall form a list of the persons voted for, with the number of votes for each person against his name, and the office which he was intended to fill, and shall sign and seal up such list and cause the same, together with the poll-lists aforesaid, to be delivered into the office of the secretary of state aforesaid, on or before the first day of December, in the year one thousand eight hundred and sixty-four, and on or before the fifteenth day of November annually thereafter forever. The legislature of this State may pass any law additional to the foregoing provisions, if any shall, in practice, be found necessary in order more fully to carry into effect the purpose thereof. (Amended 3/24/1864) *** MEND *** *** MSTART 033 005.0 004.0 1 ME 1819 1864 *** 5. The meetings within this state for the choice of representatives shall be warned, in due course of law, by the selectmen of the several towns, seven days at least before the election; and the selectmen thereof shall preside impartially at such meetings, receive the votes of all the qualified electors present, sort, count, and declare them, in open town meeting, and in the presence of the town clerk, who shall form a list of the persons voted for, with the number of votes for each person against his name, shall make a fair record thereof in the presence of the selectmen and in open town meeting. And the towns and plantations, organized by law, belonging to any class herein provided shall hold their meetings at the same time in the respective towns and plantations; and the town and plantation meetings in such towns and plantations shall be notified, held, and regulated, the votes received, sorted, counted, and declared in the same manner. And the assessors and clerks of plantations shall have all the powers, and be subject to all the duties, which selectmen and town clerks have and are subject to by this constitution. And fair copies of the lists of votes shall be attested by the selectmen and town clerks of towns, and the assessors of plantations, and sealed up in open town and plantation meetings; and the town and plantation clerks respectively shall cause the same to be delivered into the secretary's office thirty days at least before the first Wednesday of January annually. And the governor and council shall examine the returned copies of such lists, and also all lists of votes of citizens in the military service, returned to the secretary's office, as provided in the amendment to article second, section four, of this constitution; and twenty days before the said first Wednesday of January annually, shall issue a summons to such persons as shall appear to be elected by a plurality of all the votes returned, to attend and take their seats. But all such lists shall be laid before the house or representatives on the first Wednesday of January annually, and they shall finally determine who are elected. (Amended, 3/19/1844; Amended, 8/2/1847; Amended, 8/21/1850; Amended 3/24/1864) *** MEND *** *** MSTART 034 003.0 004.0 2 ME 1819 1864 *** 3. 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. And fair copies of the lists of votes shall be attested by the selectmen and town clerks of towns, and the assessors and clerks of plantations, and sealed up in open town and plantation meetings, and the town and plantation clerks, respectively, shall cause the same to be delivered into the secretary's office, thirty days at least before the first Wednesday of January. All other qualified electors, living in places unincorporated, who shall be assessed to the support of government by the assessors of an adjacent town, shall have the privilege of voting for senators, representatives, and governor in such town, and shall be notified by the selectmen thereof, for the purpose, accordingly. (Amended, 3/19/1844; Amended 8/21/1850; Amended 3/24/1864) *** MEND *** *** MSTART 035 004.0 004.0 2 ME 1819 1864 *** 4. The governor and council shall, as soon as may be, examine returned copies of such lists and also the lists of votes of citizens in the military service, returned into the secretary's office, and, twenty days before the said first Wednesday of January, issue a summons to such persons as shall appear to be elected by a majority of the votes for each district, to attend that day and take their seats. (Amended, 3/19/1844; Amended 8/21/1850; Amended 3/24/1864) *** MEND *** *** MSTART 036 003.0 005.0 1 ME 1819 1864 *** 3. The meetings for election of governor shall be notified, held, and regulated, and votes shall be received, sorted, counted, declared, and recorded in the same manner as those for senators and representatives. They shall be sealed and returned into the secretary's office in the same manner and at the same time as those for senators. And the secretary of state for the time being shall, on the first Wednesday of January then next lay the lists before the senate and house of representatives, and also the lists of votes of citizens in the military service, returned into the secretary's office, to be by them examined, and, in case of a choice by a majority of all the votes returned, they shall declare and publish the same. But if no person shall have a majority of votes, the house of representatives shall, by ballot, from the persons having the four highest numbers of votes on the list, if so many there be, elect two persons, and make return of their names to the senate, of whom the senate shall, by ballot, elect one, who shall be declared the governor. (Amended, 3/19/1844; Amended, 8/21/1850; Amended, 3/24/1864) *** MEND *** *** MSTART 037 005.0 004.0 1 ME 1819 1864 *** 5. The electors resident in any city may, at any meeting duly notified for the choice of representatives, vote for such representatives in their respective ward meetings, and the wardens in said wards shall preside impartially at such meetings, receive votes of all qualified electors present, sort, count, and declare them in open ward meetings, and in the presence of the ward clerk, who will form a list of the persons voted for, with the number of votes for each person against his name; shall make a fair record thereof in the presence of the wardens, and in open ward meeting; and a fair copy of this list shall be attested by the warden and ward clerk, sealed up in open ward meeting, and delivered to the city clerk within twenty-four hours after the close of the polls. And the electors resident in any city may, at any meeting duly notified and holden for the choice of any other civil officers for whom they have been required heretofore to vote in town meeting, vote for such officers in their respective wards, and the same proceedings shall be had by the warden and ward clerk in each ward as in the case of votes for representatives. And the aldermen of any city shall be in session within twenty-four hours after the close of the polls in such meetings, and, in the presence of the city clerk, shall open, examine, and compare the copies from the lists of votes given in the several wards, of which the city clerk shall make a record, and a return thereof shall be made into the secretary of state's office, in the same manner as selectmen of towns are required to do. (Effective, 3/7/1834; Amended, 8/2/1847; Amended, 3/24/1864) *** MEND *** *** MSTART 038 011.0 009.0 0 ME 1819 1864 *** 11. But citizens of this State absent therefrom in the military service of the United States or of this State, and not in the Regular Army of the United States, being otherwise qualified electors, shall be allowed to vote for judges and registers of probate, sheriffs, and all other county officers, on the Tuesday next after the first Monday of November, in the year one thousand eight hundred and sixty-four, and their votes shall be counted and allowed in the same manner and with the same effect as if given on the second Monday of September in that year. And they shall be allowed to vote for all such officers on the second Monday in September annually thereafter forever. And the votes shall be given at the same time and in the same manner, and the names of the several candidates shall be printed or written on the same ballots with those for governor, senators, and representatives, as provided in the amendment to section four of article second of this constitution. (Effective 3/24/1864) *** MEND *** *** MSTART 039 016.0 009.0 0 ME 1819 1869 *** 16. The legislature may by law, authorize the dividing of towns having not less than four thousand inhabitants or having, voters residing on any island within the limits thereof, into voting districts for the election of representatives to the legislature, and prescribe the manner in which the votes shall be received, counted, and the result of the election declared. (Effective 3/13/1869) *** MEND *** *** MSTART 040 013.0 004.0 3 ME 1819 1875 *** 13. The legislature shall, from time to time, provide, as far as practicable, by general laws, for all matters usually appertaining to special or private legislation. (Effective 9/13/1875) *** MEND *** *** MSTART 041 014.0 004.0 3 ME 1819 1875 *** 14. 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. (Effective 9/13/1875) *** MEND *** *** MSTART 042 011.0 005.0 1 ME 1819 1875 *** 11. He shall have power, with the advice and consent of the council, to remit, after conviction, all forfeitures and penalties, and 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. And he shall communicate to the legislature at each session thereof, each case of reprieve, remission of penalty, commutation or pardon granted stating the name of the convict, the crime of which he was convicted, the sentence and its date, the date of the reprieve, remission, commutation, or pardon, and the conditions, if any, upon which the same was granted. (Amended 9/13/1875) *** MEND *** *** MSTART 043 008.0 006.0 0 ME 1819 1875 *** 8. Judges of municipal and police courts shall be appointed by the executive power, in the same manner as other judicial officers, and shall hold their offices for the term of four years: Provided, however, That the present incumbents shall hold their offices for the term for which they were elected. (Effective 9/13/1875) *** MEND *** *** MSTART 044 008.0 009.0 0 ME 1819 1875 *** 8. 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. (Amended 9/13/1875) *** MEND *** *** MSTART 045 009.0 009.0 0 ME 1819 1875 *** 9. The legislature shall never, in any manner, suspend or surrender the power of taxation. (Effective 9/13/1875) *** MEND *** *** MSTART 046 010.0 009.0 0 ME 1819 1875 *** 10. Sheriffs shall be elected by the people of their respective counties, by a plurality of the votes given in on the second Monday of September, and shall hold their offices for two years from the first day of January next after their election. Vacancies shall be filled in the same manner as is provided in the case of judges and registers of probate. (Effective, 3/17/1855) (Formerly Article 9, sec 9) *** MEND *** *** MSTART 047 011.0 009.0 0 ME 1819 1875 *** 11. The land-agent and attorney-general shall be chosen annually by joint ballot of the senators and representatives in convention. Vacancies in said offices occurring when the Legislature is not in session, may be filled by the appointment of the Governor, with the advice and consent of the Council. (Effective, 3/17/1855) (Formerly Article 9, sec 10) *** MEND *** *** MSTART 048 012.0 009.0 0 ME 1819 1875 *** 12. But citizens of this State absent therefrom in the military service of the United States or of this State, and not in the Regular Army of the United States, being otherwise qualified electors, shall be allowed to vote for judges and registers of probate, sheriffs, and all other county officers, on the Tuesday next after the first Monday of November, in the year one thousand eight hundred and sixty- four, and their votes shall be counted and allowed in the same manner and with the same effect as if given on the second Monday of September in that year. And they shall be allowed to vote for all such officers on the second Monday in September annually thereafter forever. And the votes shall be given at the same time and in the same manner, and the names of the several candidates shall be printed or written on the same ballots with those for governor, senators, and representatives, as provided in the amendment to section four of article second of this constitution. (Effective 3/24/1864) (Formerly Article 9, section 11) *** MEND *** *** MSTART 049 011.0 009.0 0 ME 1819 1875 *** 11. The attorney-general shall be chosen annually by joint ballot of the senators and representatives in convention. Vacancies in said offices occurring when the Legislature is not in session, may be filled by the appointment of the Governor, with the advice and consent of the Council. (Effective, 3/17/1855; Amended, 9/13/1875) (Formerly Article 9, sec 10) *** MEND *** *** MSTART 050 015.0 004.0 3 ME 1819 1875 *** 15. The legislature shall, by a two-thirds concurrent vote of both branches, have the power to call constitutional conventions, for the purpose of amending this constitution. (Effective 9/13/1875) *** MEND *** *** MSTART 051 013.0 009.0 0 ME 1819 1875 *** 13. The legislature may enact laws excluding from the right of suffrage, for a term not exceeding ten years, all persons convicted of bribery at any election, or of voting at any election, under the influence of a bribe. (Effective 9/13/1875) *** MEND *** *** MSTART 052 006.0 010.0 0 ME 1819 1875 *** 6. After the amendments proposed herewith shall have been submitted to popular vote, the chief justice of the supreme judicial court shall arrange the constitution, as amended, under appropriate titles, and in proper articles, parts and sections, omitting all sections, clauses, and words not in force, and making no other changes in the provisions or language thereof, and shall submit the same to the legislature at its next session. 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 laws 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. (Amended 9/13/1875) *** MEND *** *** MSTART 053 007.0 010.0 0 ME 1819 1875 *** 7. Sections one, two, and five, of article ten of the existing constitution, shall hereafter be omitted in any printed copies thereof prefixed to the laws of the State; but this shall not impair the validity of acts under those sections; and said section five shall remain in full force, as part of the constitution, according to the stipulations of said section, with the same effect as if contained in said printed copies. (Effective 9/13/1875) *** MEND *** *** MSTART 054 014.0 009.0 0 ME 1819 1875 *** 14. The credit of the State shall not be directly or indirectly loaned in any case. The legislature shall not create any debt or debts, 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 three hundred thousand dollars, except to suppress insurrection, to repel invasion, or for purposes of war; but this amendment 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. (Effective, 7/26/1847) (Formerly listed as Amendment 6) *** MEND *** *** MSTART 055 015.0 009.0 0 ME 1819 1868 *** 15. The State is authorized to issue bonds, payable within twenty-one years, at a rate of interest not exceeding 6 per cent. a year, payable semi-annually, which bonds or their proceeds shall be devoted solely towards the reimbursement of the expenditures incurred by the cities, towns, and plantations of the State for war purposes during the rebellion, upon the following basis: Each city, town, and plantation shall receive from the State one hundred dollars for every man furnished for the military service of the United States under and after the call of July second, eighteen hundred and sixty-two, and accepted by the United States towards its quota for the term of three years, and in the same proportion for every man so furnished and accepted for any shorter period; and the same shall be in full payment for any claim upon the State on account of its war debts by any such municipality. A commission appointed by the governor and council shall determine the amount to which each city, town, and plantation is entitled. to be devoted to such reimbursement; the surplus, if any, to be appropriated to the soldiers who enlisted or were drafted and went at any time during the war, or, if deceased, to their legal representatives. The issue of bonds hereby authorized shall not exceed in the aggregate three million five hundred thousand dollars, and this amendment shall not be construed to permit the credit of the State to be directly or indirectly loaned in any other case or for any other purpose. (Effective 3/7/1868) *** MEND *** *** MSTART 056 005.0 004.0 1 ME 1819 1864 *** 5. The meetings within this state for the choice of representatives shall be warned, in due course of law, by the selectmen of the several towns, seven days at least before the election; and the selectmen thereof shall preside impartially at such meetings, receive the votes of all the qualified electors present, sort, count, and declare them, in open town meeting, and in the presence of the town clerk, who shall form a list of the persons voted for, with the number of votes for each person against his name, shall make a fair record thereof in the presence of the selectmen and in open town meeting. And the towns and plantations, organized by law, belonging to any class herein provided shall hold their meetings at the same time in the respective towns and plantations; and the town and plantation meetings in such towns and plantations shall be notified, held, and regulated, the votes received, sorted, counted, and declared in the same manner. And the assessors and clerks of plantations shall have all the powers, and be subject to all the duties, which selectmen and town clerks have and are subject to by this constitution. And fair copies of the lists of votes shall be attested by the selectmen and town clerks of towns, and the assessors of plantations, and sealed up in open town and plantation meetings; and the town and plantation clerks respectively shall cause the same to be delivered into the secretary's office thirty days at least before the first Wednesday of January annually. And the governor and council shall examine the returned copies of such lists, and also all lists of votes of citizens in the military service, returned to the secretary's office, as provided in the amendment to article second, section four, of this constitution; and twenty days before the said first Wednesday of January annually, shall issue a summons to such persons as shall appear to be elected by a plurality of all the votes returned, to attend and take their seats. But all such lists shall be laid before the house or representatives on the first Wednesday of January annually, and they shall finally determine who are elected. The electors resident in any city may, at any meeting duly notified for the choice of representatives, vote for such representatives in their respective ward meetings, and the wardens in said wards shall preside impartially at such meetings, receive votes of all qualified electors present, sort, count, and declare them in open ward meetings, and in the presence of the ward clerk, who will form a list of the persons voted for, with the number of votes for each person against his name; shall make a fair record thereof in the presence of the wardens, and in open ward meeting; and a fair copy of this list shall be attested by the warden and ward clerk, sealed up in open ward meeting, and delivered to the city clerk within twenty-four hours after the close of the polls. And the electors resident in any city may, at any meeting duly notified and holden for the choice of any other civil officers for whom they have been required heretofore to vote in town meeting, vote for such officers in their respective wards, and the same proceedings shall be had by the warden and ward clerk in each ward as in the case of votes for representatives. And the aldermen of any city shall be in session within twenty-four hours after the close of the polls in such meetings, and, in the presence of the city clerk, shall open, examine, and compare the copies from the lists of votes given in the several wards, of which the city clerk shall make a record, and a return thereof shall be made into the secretary of state's office, in the same manner as selectmen of towns are required to do. (Amended, 3/19/1844; Amended, 8/2/1847; Amended, 8/21/1850; Amended 3/24/1864) (Second paragraph added to Constitution 3/7/1834, formerly listed as Amendment 1) *** MEND *** *** MSTART 057 015.0 009.0 0 ME 1819 1878 *** 15. No city or town shall hereafter create any debt or liability, which singly, or in the aggregate with previous debts or liabilities, shall exceed five per centum of the last regular valuation of said city or town; provided, however, that the adoption of this article shall not be construed as applying to any fund received in trust by said city or town, nor to any loan for the purpose of renewing existing loans or for war, or to temporary loans to be paid out of money raised by taxation, during the year in which they are made. Effective 1/2/1878. [There was no article 9 section 15 in the original constitution, but one was created in 1868, our amendment 55. We have coded this as an amendment to Article 9, section 15, but it is not clear from the sources whether it replaces or adds text to the original section.] *** MEND *** *** MSTART 058 001.0 9099.0 0 ME 1819 1880 *** ARTICLE XXIII The governor, senators and representatives in the Legislature, shall be elected biennially, and hold office two years from the first Wednesday in January next succeeding their election; and the Legislature, at the first session next after the adoption of this article, shall make all needful provisions by law concerning the tenure of office of all county officers, and concerning the annual or biennial reports of the State treasurer and other State officers and institutions; and shall make all such provisions by law as may be required in consequence of the change from annual to biennial elections, and from annual to biennial sessions of the Legislature. The first election under this Article shall be in the year one thousand eight hundred and eighty; and the first meeting of the Legislature under this article shall be on the first Wednesday of January, eighteen hundred and eighty-one. (Effective 3/18/1880) [Sources published by the State of Maine do not indicate an article or section number for this amendment.] *** MEND *** *** MSTART 059 004.0 002.0 0 ME 1819 1879 *** 4. The election of governor, senators, and representatives shall be on the second Monday of September, biennially, forever. [Amended September 1879. This amendment changed the language of elections from annual to biennial throughout the constitution.] *** MEND *** *** MSTART 060 004.0 002.0 0 ME 1819 1880 *** 4. The election of Governor, Senators and Representatives shall be on the second Monday of September biennially forever. But citizens of the State absent therefrom in the military service of the United States, or of this State, and not in the Regular Army of the United States, being otherwise qualified electors, shall be allowed to vote on Tuesday next after the first Monday of November, in the year of our Lord one thousand eight hundred and sixty-four, for governor and senators, and their votes shall be counted and allowed in the same manner and with the same effect as given on the second Monday of September in that year. And they shall be allowed to vote for governor, senators, and representatives on the second Monday of September biennially thereafter forever, in the manner herein provided. On the day of election a poll shall be opened at every place without this State where a regiment, battalion, battery, company, or detachment of not less than twenty soldiers from the State of Maine may be found or stationed., and every citizen of said State of the age of twenty-one years, in such military service, shall be entitled to vote as aforesaid; and he shall be considered as voting in the city, town, plantation, and county in this State where he resided when he entered the service. The vote shall be taken by regiments when it can conveniently be done; when not so convenient, any detachment or part of a regiment, not less than twenty in number, and any battery or part thereof numbering twenty or more, shall be entitled to vote wherever they may be. The three ranking officers of such regiment, battalion, battery, company, or part of either, as the case may be, acting as such on the day of election, shall be supervisors of elections. If no officers, then three non-commissioned officers, according to their seniority, shall be such supervisors. If any officer or non-commissioned officer shall neglect or refuse to act, the next in rank shall take his place. In case there are no officers or non-commissioned officers present, or if they or either of them refuse to act, the electors present, not less than twenty, may choose, by written ballot, enough of their own number, not exceeding three, to fill the vacancies, and the persons so chosen shall be supervisors 'of elections. All supervisors shall be first sworn to support the Constitution of the United States and of this State, and faithfully and impartially to perform the duties of supervisors of elections. Each is authorized to administer the necessary oath to the others; and certificates thereof shall be annexed to the list of votes by them to be made and returned into the office of the secretary of state of this State as hereinafter provided. The polls shall be opened and closed at such hours as the supervisors, or a majority of them, shall direct: Provided, however, That due notice and sufficient time shall be given for all voters in the regiment, battalion, battery, detachment, company, or part, of either, as the case may be, to vote. Regimental and field officers shall be entitled to vote with their respective commands. When not in actual command, such officers and also all general and staff officers, and all surgeons, assistant surgeons, and chaplains, shall be entitled to vote at any place where polls are opened. The supervisors of elections shall prepare a ballot-box or other suitable receptacle for the ballots. Upon one side of every ballot shall be printed or written the name of the county, and also of the city, town, or plantation in this State in which is the residence of the person proposing to vote. Upon the other side shall be the .name or names of the persons to be voted for, and the office or offices which he or they are intended to fill. And before receiving any vote, the supervisors, or a majority of them, must be satisfied of the age and citizenship of the person claiming to vote, and that he has in fact a residence in the county, city, town or plantation which is printed or written on the vote offered by him. If his right to vote is challenged, they may require him to make true answers, upon oath, to all interrogatories touching his age, citizenship residence and right to vote, and shall hear any other evidence offered by him, or by those who challenge his right. They shall keep correct poll-lists of the names of all persons allowed to vote, and of their respective places of residence in this State, and also the number of the regiment and company or battery to which they belong ; which lists shall be certified by them, or by a majority of them, to be correct, and that such residence is in accordance with the indorsement of the residence of each voter on his vote. They shall check the name of every person before be is allowed to vote, and the check-mark shall be plainly made against his name on the poll- lists. They shall sort, count, and publicly declare the votes at the head of their respective commands on the day of election, unless prevented by the public enemy, and in that case as soon thereafter as may be; and on the same day of said declaration they shall form a list of the persons voted for, with the number of votes for each person against his name, and the office which he was intended to fill, and shall sign and seal up such list and cause the same, together with the poll-lists aforesaid, to be delivered into the office of the secretary of state aforesaid, on or before the first day of December, in the year one thousand eight hundred and sixty-four, and on or before the fifteenth day of November biennially thereafter forever. The legislature of this State may pass any law additional to the foregoing provisions, if any shall, in practice, be found necessary in order more fully to carry into effect the purpose thereof. Effective 3/18/1880. *** MEND *** *** MSTART 061 005.0 004.0 1 ME 1819 1880 *** 5. The meetings within this state for the choice of representatives shall be warned, in due course of law, by the selectmen of the several towns, seven days at least before the election; and the selectmen thereof shall preside impartially at such meetings, receive the votes of all the qualified electors present, sort, count, and declare them, in open town meeting, and in the presence of the town clerk, who shall form a list of the persons voted for, with the number of votes for each person against his name, shall make a fair record thereof in the presence of the selectmen and in open town meeting. And the towns and plantations, organized by law, belonging to any class herein provided shall hold their meetings at the same time in the respective towns and plantations; and the town and plantation meetings in such towns and plantations shall be notified, held, and regulated, the votes received, sorted, counted, and declared in the same manner. And the assessors and clerks of plantations shall have all the powers, and be subject to all the duties, which selectmen and town clerks have and are subject to by this constitution. And fair copies of the lists of votes shall be attested by the selectmen and town clerks of towns, and the assessors of plantations, and sealed up in open town and plantation meetings; and the town and plantation clerks respectively shall cause the same to be delivered into the secretary's office thirty days at least before the first Wednesday of January biennially. And the governor and council shall examine the returned copies of such lists, and also all lists of votes of citizens in the military service, returned to the secretary's office, as provided in the amendment to article second, section four, of this constitution; and twenty days before the said first Wednesday of January biennially, shall issue a summons to such persons as shall appear to be elected by a plurality of all the votes returned, to attend and take their seats. But all such lists shall be laid before the house or representatives on the first Wednesday of January biennially, and they shall finally determine who are elected. The electors resident in any city may, at any meeting duly notified for the choice of representatives, vote for such representatives in their respective ward meetings, and the wardens in said wards shall preside impartially at such meetings, receive votes of all qualified electors present, sort, count, and declare them in open ward meetings, and in the presence of the ward clerk, who will form a list of the persons voted for, with the number of votes for each person against his name; shall make a fair record thereof in the presence of the wardens, and in open ward meeting; and a fair copy of this list shall be attested by the warden and ward clerk, sealed up in open ward meeting, and delivered to the city clerk within twenty-four hours after the close of the polls. And the electors resident in any city may, at any meeting duly notified and holden for the choice of any other civil officers for whom they have been required heretofore to vote in town meeting, vote for such officers in their respective wards, and the same proceedings shall be had by the warden and ward clerk in each ward as in the case of votes for representatives. And the aldermen of any city shall be in session within twenty-four hours after the close of the polls in such meetings, and, in the presence of the city clerk, shall open, examine, and compare the copies from the lists of votes given in the several wards, of which the city clerk shall make a record, and a return thereof shall be made into the secretary of state's office, in the same manner as selectmen of towns are required to do. (Amended, 3/19/1844; Amended, 8/2/1847; Amended, 8/21/1850; Amended 3/24/1864; Amended 3/18/1880) (Second paragraph added to Constitution 3/7/1834, formerly listed as Amendment 1) *** MEND *** *** MSTART 062 001.0 004.0 2 ME 1819 1880 *** [The schedule of amendments published by the state in 1983 says that Article 4, Section 1, part 2 was amended in September of 1879. We have been unable to find any amended text for this article, section, and part]. *** MEND *** *** MSTART 063 001.0 004.0 3 ME 1819 1880 *** 1. The legislature shall convene on the first Wednesday of January biennially, and shall have full power to make and establish all reasonable laws and regulations for the defence and benefit of the people of this State, not repugnant to this constitution nor to that of the United States. (Amended, 3/19/1844; Amended, 8/21/1850; Amended, 3/18/1880). *** MEND *** *** MSTART 064 013.0 005.0 1 ME 1819 1880 *** 13. He may, on extraordinary occasions, convene the legislature; and, in case of disagreement between the two houses with respect to the time of adjournment, adjourn them to such time as he shall think proper, not beyond the day of the next biennial meeting; and if, since their 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. (Amended, 3/18/1880) *** MEND *** *** MSTART 065 002.0 005.0 2 ME 1819 1880 *** 2. The councillors shall be chosen biennially on the first Wednesday of January, by joint ballot of the senators and representatives in convention; and vacancies which shall afterwards happen shall be filled in the same manner; but not more than one councillor shall be elected from any district prescribed for the election of senators; and they shall be privileged from arrest in the same manner as senators and representatives. (Amended, 3/19/1844; Amended 8/21/1850; Amended, 3/18/1880) According to a schedule of amendments published by the state in 1983, this section was omitted from the Constitution, but the date of omission is not clear from the sources. *** MEND *** *** MSTART 066 001.0 005.0 3 ME 1819 1880 *** 1. 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. (Amended 3/18/1880) *** MEND *** *** MSTART 067 001.0 005.0 4 ME 1819 1880 *** 1. The treasurer shall be chosen biennially at the first session of the legislature, by joint ballot of the senators and representatives in convention, but shall not be eligible more than five years successively. (Amended 3/18/1880) [Sources used for this amendment do not agree with each other. The schedule of amendments published by the state in 1983 indicates that this section was not amended on this date. However, the State Constitution published in 1945 has amended text to this section, effective in 1880.] *** MEND *** *** MSTART 068 004.0 005.0 4 ME 1819 1880 *** 4. No money shall be drawn from the treasury but by warrant from the governor and council, and in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published at the commencement of the biennial session of the legislature. (Amended 3/18/1880) [Sources used for this amendment do not agree with each other. The schedule of amendments published by the state in 1983 indicates that this section was not amended on this date. However, the State Constitution published in 1945 has amended text to this section, effective in 1880.] *** MEND *** *** MSTART 069 003.0 007.0 0 ME 1819 1880 *** 3. The major-generals shall be elected by the senate and house of representatives, each having a negative on the other. The adjutant-general and the quartermaster-general shall be chosen biennially by a joint ballot of the senators and representatives in convention. But the adjutant-general shall perform the duties of quartermaster-general until otherwise directed by law. The major-generals and brigadier- generals, and the commanding officers of regiments and battalions, shall appoint their respective staff- officers; and all military officers shall be commissioned by the governor. (Amended, 3/17/1855; Amended, 3/18/1880) *** MEND *** *** MSTART 070 004.0 009.0 0 ME 1819 1880 *** 4. And in case the elections required by this constitution on the first Wednesday of January, biennially, by the two houses of the legislature, shall not be completed on that day, the same may be adjourned from day to day until completed, in the following order: The vacancies in the senate shall first be filled; the governor shall then be elected, if there be no choice by the people; and afterwards the two houses shall elect the council. (Amended, 3/19/1844; Amended, 8/21/1850; Amended, 3/18/1880) *** MEND *** *** MSTART 071 011.0 009.0 0 ME 1819 1880 *** 11. The attorney-general shall be chosen biennially by joint ballot of the senators and representatives in convention. Vacancies in said offices occurring when the Legislature is not in session, may be filled by the appointment of the Governor, with the advice and consent of the Council. (Effective, 3/17/1855; Amended, 9/13/1875; Amended, 3/18/1880) (Formerly Article 9, sec 10) *** MEND *** *** MSTART 072 002.0 005.0 1 ME 1819 1880 *** 1. The governor shall be elected by the qualified electors, and shall hold his office for two years from the first Wednesday of January next following the election. (Amended, 3/19/1844; Amended, 8/21/1850; Amended 3/18/1880) *** MEND *** *** MSTART 073 007.0 006.0 0 ME 1819 1880 *** 7. 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 second Monday of September, shall hold their offices for four 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 September election next after their occurrence; and in the mean time the governor, with the advice and consent of the council, may fill said vacancies by appointment, and the persons so appointed shall hold their offices until the first day of January thereafter. (Effective, 3/17/1855; amended, 3/18/1880) [Sources do not agree on the number of this amendment. An amendment schedule published by the state in 1983 indicates that article 6, section 6 was amended, but amendments published in the State Constitution of 1945 indicate that article 6, section 7 was amended. This is the proper text of article 6, section 7.] *** MEND *** *** MSTART 074 004.0 010.0 0 ME 1819 1880 *** 4. The legislature, whenever two-thirds of both houses shall deem it necessary, may propose amendments to this Constitution; and when any amendment 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 their next biennial meetings in the month of September, to give in their votes on the question whether such amendment shall be made; 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. (Amended, 3/18/1880) [Sources used for this section do not agree with each other. An amendment schedule published by the state in 1983 indicates that article 10, section 4 was amended, but amendments contained in the State Constitution of 1945 indicate that article 10, section 2 was amended instead. A reading of the original constitution shows this to be the text of article 10, section 4.] *** MEND *** *** MSTART 075 003.0 005.0 1 ME 1819 1880 *** 3. The meetings for election of governor shall be notified, held, and regulated, and votes shall be received, sorted, counted, declared, and recorded in the same manner as those for senators and representatives. They shall be sealed and returned into the secretary's office in the same manner and at the same time as those for senators. And the secretary of state for the time being shall, on the first Wednesday of January then next lay the lists before the senate and house of representatives, and also the lists of votes of citizens in the military service, returned into the secretary's office, to be by them examined, and, in case of a choice by a plurality of all the votes returned, they shall declare and publish the same. But if no person shall have a plurality of votes, the house of representatives shall, by ballot, from the persons having the four highest numbers of votes on the list, if so many there be, elect two persons, and make return of their names to the senate, of whom the senate shall, by ballot, elect one, who shall be declared the governor. (Amended, 3/19/1844; Amended, 8/21/1850; Amended, 3/24/1864; Amended, 11/9/1880) *** MEND *** *** MSTART 076 002.0 004.0 1 ME 1819 1880 *** 2. The House of Representatives shall consist of one hundred and fifty-one members, to be elected by the qualified electors, for one year from the day next preceding the annual meeting of the Legislature, and the amendment herein proposed, if adopted, shall determine the term of office of senators and representatives to be elected at the annual meeting in September, in the year eighteen hundred and eighty, as well as the term of senators and representatives thereafter to be elected. The Legislature, which shall first be convened under this constitution, shall, on or before the fifteenth day of August, in the year of our Lord, one thousand eight hundred and twenty-one, and the Legislature, within every subsequent period of at most ten years, and at least five, cause the number of the inhabitants of the State to be ascertained, exclusive of foreigners not naturalized and Indians not taxed. The number of representatives shall, at the several periods of making such enumeration, be fixed and apportioned among the several counties as near as may be, according to the number of inhabitants, having regard to the relative increase of population. The number of representatives shall on said fist apportion be not less that one hundred nor more than one hundred and fifty. (Amended, 4/16/1841; Amended, 10/20/1880) *** MEND *** ARTICLE XXVI *** MSTART 077 002.0 9099.0 0 ME 1819 1885 *** The manufacture of intoxicating liquors, not including cider, and the sale and keeping for sale of intoxicating liquors, are and shall be forever prohibited. Except, however, that the sale and keeping for sale of such liquors for medicinal and mechanical purposes and the arts, and the sale and keeping for sale of cider, may be permitted under such regulations as the Legislature may provide. The Legislature shall enact laws with suitable penalties for the suppression of the manufacture, sale, and keeping for sale of intoxicating liquors, with the exceptions herein provided. (Effective, 1//7/1885) [Sources published by the State of Maine do not indicate an article or section number for this amendment.] *** MEND *** *** MSTART 078 001.0 005.0 1 ME 1819 1889 *** 1. The Treasurer shall be chosen biennially, at the first session of the Legislature, by joint ballot of the Senators and Representatives in Convention but shall not be eligible more than six years successively. (Effective, 1/2/1889) [An amendment schedule published by the state in 1983 indicates that this is article 5, part 3, section 1. It is actually an amended version of article 5, part 4, section 1.] *** MEND *** *** MSTART 079 003.0 007.0 0 ME 1819 1893 *** 3. The major generals shall be elected by the Senate and House of Representatives each having a negative on the other. The adjutant general and quarter master general shall be appointed by the governor. But the adjutant general shall perform the duties of quarter master general until otherwise directed by law. The major generals and brigadier generals and the commanding officers of regiments and battalions, shall appoint their respective staff officers; and all military officers shall be commissioned by the governor. (Effective, 1/4/1893) *** MEND *** *** MSTART 080 001.0 002.0 0 ME 1819 1893 *** 1. No person shall have the right to vote or be eligible to office under the constitution of this state, who shall not be able to read the constitution in the English language and write his name; provided, however, that the provisions of this amendment shall not apply to any person prevented by a physical disability from complying with its requisitions, nor to any person who now has the right to vote, nor to any person who shall be sixty years of age or upwards at the time this amendment shall take effect. (Effective, 1/4/1893) *** MEND *** *** MSTART 081 005.0 004.0 2 ME 1819 1899 *** 4. The senate shall, on the said first Wednesday of January annually, determine who are elected by a majority of votes to be senators in each district; and, in case the full number of senators to be elected from each district shall not have been so elected, the members of the house of representatives, and such senators as shall have been elected, shall, from the highest number of the persons voted for, on said lists, equal to twice the number of senators deficient in every district, if there be so many voted for, elect, by joint ballot, the number of senators required. But all vacancies in the senate, arising from death, resignation, removal from the State, or like causes, shall be filled by an immediate election in the unrepresented district. The governor shall issue his proclamation therefor and therein fix the time of such election. (Amended, 3/19/1844; Amended, 8/21/1850; Amended, 9/12/1898) *** MEND *** *** MSTART 082 002.0 004.0 1 ME 1819 1880 *** 2. The House of Representatives shall consist of one hundred and fifty-one members, to be elected by the qualified electors, for one year from the day next preceding the annual meeting of the Legislature. The legislature, which shall first be convened under this Constitution, shall, on or before the fifteenth day of August, in the year of our Lord, one thousand eight hundred and twenty-one, and the Legislature, within every subsequent period of at most ten years, and at least five, cause the number of the inhabitants of the State to be ascertained, exclusive of foreigners not naturalized and Indians not taxed. The number of Representatives shall, at the several periods of making such enumeration, be fixed and apportioned among the several counties as near as may be, according to the number of inhabitants, having regard to the relative increase of population. The number of representatives shall, on said first apportionment, be not less than one hundred nor more than one hundred and fifty. Effective March 18, 1880. *** MEND *** *** MSTART 083 005.0 004.0 2 ME 1819 1880 *** 5. The Senate shall, on the said first Wednesday of January, annually, determine who are elected by a plurality of votes to be senators in each district; and in case the full number of senators to be elected from each district shall not have been so elected, the members of the house of representatives and such senators, as shall have been elected, shall, from the highest numbers of the persons voted for, on said lists, equal to twice the number of senators deficient, in every district, if there be so many voted for, elect by joint ballot the number of senators required; and in this manner all vacancies in the Senate shall be supplied as soon as may be, after such vacancies happen. Effective March 18, 1880. *** MEND *** *** MSTART 084 001.0 005.0 2 ME 1819 1880 *** 1. There shall be a council, to consist of seven persons, citizens of the United States, and residents of this State, to advise the governor in the executive part of government, whom the governor shall have full power, at his discretion, to assemble; and he with the councillors, or a majority of them, may from time to time, hold and keep a Council, for ordering and directing the affairs of State, according to law. Effective March 18, 1880. *** MEND *** *** MSTART 085 004.0 005.0 3 ME 1819 1880 *** 4. He shall carefully keep and preserve the records of all the official acts and proceedings of the governor and council, Senate and House of Representatives, and, when required, lay the same before either branch of the Legislature, and perform such other duties as are enjoined by this Constitution, or shall be required by law. Effective March 18, 1880. *** MEND *** *** MSTART 086 006.0 006.0 0 ME 1819 1880 *** 6. The justices of the supreme Judicial Court shall hold no office under the United States, nor any State, nor any other office under this State, except that of justice of the peace. [Effective March 18, 1880. Sources for amendments regarding this section do not agree. The Constitution of the State of Maine, published by the state in 1887, does not indicate that this section was amended in 1880. However, a schedule of amendments published in 1983 shows that it was amended in 1880.] *** MEND *** *** MSTART 087 001.0 005.0 1 ME 1819 1889 *** 1. The treasurer shall be chosen biennially, at the first session of the legislature, by joint ballot of the Senators and Representatives in convention, but shall not be eligible more than six years successively. Effective Jan. 2, 1889. *** MEND *** *** MSTART 088 003.0 007.0 0 ME 1819 1893 *** 3. The major generals shall be elected by the senate and house of representatives each having a negative on the other. The adjutant general and quarter-master general shall be appointed by the governor. But the adjutant general shall perform the duties of quarter-master general until otherwise directed by law. The major generals and brigadier generals and the commanding officers of regiments and battalions, shall appoint their respective staff officers; and all military officers shall be commissioned by the governor. Effective Jan. 4, 1893. *** MEND *** *** MSTART 089 001.0 002.0 0 ME 1819 1893 *** 1. No person shall have the right to vote or be eligible to office under the constitution of this state, who shall not be able to read the constitution in the English language and write his name; provided, however, that provisions of this amendment shall not apply to any person prevented physical disability from complying with its requisitions, nor to any on who now has the right to vote, nor to any person who shall be 21 years of age or upwards at the time this amendment shall take effect. Effective Jan. 4, 1893. *** MEND *** *** MSTART 090 005.0 004.0 2 ME 1819 1899 *** 5. The senate shall, on the said first Wednesday of January annually, determine who are elected by a majority of votes to be senators in each district; and, in case the full number of senators to be elected from each district shall not have been so elected, the members of the house of representatives, and such senators as shall have been elected, shall, from the highest number of the persons voted for, on said lists, equal to twice the number of senators deficient in every district, if there be so many voted for, elect, by joint ballot, the number of senators required; but all vacancies in the senate, arising from death, resignation, and removal from the State, or like causes, shall be filled by an immediate election in the unrepresented district. The governor shall issue his proclamation therefor and therein fix the time of such election. Effective Jan. 5, 1899. *** MEND *** *** MSTART 091 001.0 004.0 1 ME 1819 1909 *** 1. The legislative power shall be vested in two 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 independent of the legislature, and also reserve power at their own option to approve or reject at the polls any act, hill, resolve or resolution passed by the joint action of both branches of the legislature, and the style of their laws and acts shall be, 'Be it enacted by the people of the state of Maine. Effective Jan. 6, 1909. *** MEND *** *** MSTART 092 001.0 004.0 3 ME 1819 1909 *** 1. The legislature shall convene on the first Wednesday of January, biennially, and, 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. Effective Jan. 6, 1909. *** MEND *** *** MSTART 093 016.0 004.0 3 ME 1819 1909 *** 16. 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 ninety days after the recess of the legislature passing it, unless in case of emergency, (which with the facts constituting the emergency shall be expressed in the preamble of the act), the legislature shall, by a vote of two-thirds 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 (1) 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 five vears of real estate. Effective Jan. 6, 1909. *** MEND *** *** MSTART 094 017.0 004.0 3 ME 1819 1909 *** 17. Upon written petition of not less than ten thousand electors, addressed to the governor 'and filed in the office of the secretary of state within ninety days after the recess of the legislature, requesting that one or more acts, bills, resolves or resolutions, or part or parts 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 parts thereof as are specified in such petition shall not take effect until thirty 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 general or special election. 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 manner 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 general election not less than sixty days after such proclamation, or in case of no general election within six months thereafter the governor may, and if so requested in said written petition therefor, shall order such measure submitted to the people at a special election not less than four nor more than six months after this proclamation thereof. Effective Jan. 6, 1909. *** MEND *** *** MSTART 095 018.0 004.0 3 ME 1819 1909 *** 18. The electors may propose to the legislature for its consideration any bill, resolve or 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 or presented to either branch of the legislature at least thirty days before the close of its session. Any measure thus proposed by not less than twelve thousand electors, 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 general election to be held not less than sixty days after the first vote thereon be submitted by itself if it receives more than one-third 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 accordance with the preceding section. The legislature may order a special election on any measure that is subject to a vote of the people. The governor may, and if so requested in the written petitions addressed to the legislature, shall, by proclamation, order any measure proposed to the legislature by at least twelve thousand electors as herein provided, and not enacted by the legislature without change, referred to the people at a special election to be held not less than four or more than six months after such proclamation, otherwise said measure shall be voted upon at the next general election held not less than sixty days after the recess of the legislature, to which such measure was proposed. Effective Jan. 6, 1909. *** MEND *** *** MSTART 096 019.0 004.0 3 ME 1819 1909 *** 19. Any measure 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 thirty days after the governor has made public proclamation of the result of the vote on said measure, which he shall do within ten days after the vote thereon has been canvassed and determined. 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 his 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. Effective Jan. 6, 1909. *** MEND *** *** MSTART 097 020.0 004.0 3 ME 1819 1909 *** 20. As used in either of the three preceding sections 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; 'general election' means the November election for choice of presidential electors or the September election for choice of governor and other state and court officers; 'measure' means an act, bill, resolve or resolution proposed by the people, or two or more such, or part or parts of such, as the case may be; 'written petition' means one or more petitions written or printed, or partly written and partly printed, with the original signatures of the petitioners attached, verified as to the authenticity of the signatures by the oath of one of the petitioners certified thereon, and accompanied by the certificate of the clerk of the city, town or plantation in which the petitioners reside that their names appear on the voting list of his city, town or plantation as qualified to vote for governor. The petitions shall set forth the full text of the measure requested or proposed. 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 or questions concisely and intelligibly. Effective Jan. 6, 1909. *** MEND *** *** MSTART 098 021.0 004.0 3 ME 1819 1909 *** 21. The city council of any city may establish the initiative and referendum for the electors of such city in regard to its municipal affairs, provided that the ordinance establishing and providing the method of exercising such initiative and referendum 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. Effective Jan. 6, 1909. *** MEND *** *** MSTART 099 022.0 004.0 3 ME 1819 1909 *** 22. Until the legislature shall enact further regulations 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. Effective Jan. 6, 1909. *** MEND *** *** MSTART 100 004.0 010.0 0 ME 1819 1909 *** 4. The legislature, whenever two-thirds 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, 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 second Monday in September following the passage of said resolve, to give in their votes on the question, whether such amendments shall be made; and if it shall appear that a majority of the in habitants voting on the question are in favor of such amendment, it shall become a part of this constitution. Adopted Sept. 14, 1908. Effective Jan. 6, 1909. [Sources used for this section do not agree on the section number. A schedule of amendments published by the state in 1983 indicates that this is an amendment to article 10, section 4. Text to amendments contained in the State Constitution of 1945 indicates that it is text to article 10, section 2. However, this is in fact the text to article 10, section 4.] *** MEND *** *** MSTART 102 016.0 009.0 0 ME 1819 1913 *** 16. Augusta is hereby declared to be the seat of government of this State. New. Effective July 12, 1913. *** MEND *** *** MSTART 103 015.0 009.0 0 ME 1819 1913 *** 15. No city or town having less than forty thousand inhabitants, according to the last census taken by the United States, shall hereafter create any debt or liability, which single or in the aggregate, with previous debts or liabilities shall exceed five per centum of the last regular valuation of said city or town: provided, however, that cities having a population of forty thousand or more, according to the last census taken by the United States, may create a debt or liability which single or in the aggregate, with previous debts or liabilities, shall equal seven and one half per cent of the last regular valuation of said city, that cities of forty thousand inhabitants, or over, may, by a majority vote of their city government, increase the present rate of five per centum by one-fourth of one per cent in any one municipal year, until, in not less than ten years, the maximum rate of seven and one-half per cent is reached, that any city failing to take the increase in any one municipal year then the increase for that year is lost and no increase can be made until the next year as provided above, and provided further, that the adoption of this article shall not be construed as applying to any fund received in trust by said city or town, nor to any loan for the purpose of renewing existing loans, or for war or to temporary loans to be paid out of the money raised by taxes during the year in which they were made. Effective July 12, 1938. *** MEND *** *** MSTART 104 017.00 009.0 0 ME 1819 1912 *** 17. The legislature may authorize the issuing of bonds not exceeding two million dollars in amount at any one time, payable within forty-one years, at a rate of interest not exceeding four per centum per annum, payable semi-annually, which bonds or their proceeds shall be devoted solely to the building and maintaining of state highways; provided, however, that bonds issued and outstanding under the authority of this section shall never, in the aggregate, exceed two million dollars; the expenditure of said money to be divided equitably among the several counties of the state. Effective July 12, 1913. *** MEND *** *** MSTART 105 014.0 009.0 0 ME 1819 1913 *** 14. The credit of the state shall not be directly or indirectly loaned in any case. The legislature shall not create any. debt or debts, 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 three hundred thousand dollars, except for the purposes of building and maintaining of state highways, to suppress insurrection, to repel invasion, or for purposes of war; but this amendment 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. Effective July 12, 1913. *** MEND *** *** MSTART 106 008.00 009.00 0 ME 1819 1915 *** 8. 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; but 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. Effective July 3, 1915. *** MEND *** *** MSTART 107 002.0 010.0 0 ME 1819 1913 *** 2. The legislature, whenever two-thirds 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 September 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 second Monday in September following the passage of said resolve, to give in their votes on the question, whether such amendments shall be made; 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. Adopted September 8, 1913 *** MEND *** *** MSTART 108 009.0 010.0 0 ME 1819 1917 *** 10. Sheriffs shall be elected by the people of their respective counties, by a plurality of the votes given in on the second Monday of September, and shall hold their office for two years from the first day of January next after their election, unless sooner removed as hereinafter provided. Whenever the governor and council upon complaint, due notice and hearing shall find that a sheriff is not faithfully or efficiently performing any duty imposed upon him by law, the governor may remove such sheriff from office and with the advice and consent of the council appoint another sheriff in his place for the remainder 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. Effective September 25, 1917. *** MEND *** *** MSTART 109 003.0 004.0 1 ME 1819 1917 *** 3. Each town having fifteen hundred inhabitants, may elect one representative; each town having three thousand seven hundred and fifty may elect two; each town having six thousand seven hundred and fifty may elect three; each town having ten thousand five hundred may elect four; each town having fifteen thousand may elect five; each town having twenty thousand two hundred and fifty may elect six; each town having twenty-six thousand two hundred and fifty may elect seven; but no town shall ever be entitled to more than seven representatives; except that in the event of the merger of towns or cities, the new town or city shall be allowed the combined representation of the former units; and towns and plantations duly organized, not having fifteen hundred inhabitants, shall be classed as conveniently as may be into districts containing that number, and so as not to divide towns, and each such district may elect one representative; and when on this apportionment the number of representatives shall be two hundred, a different apportionment shall take place upon the above principle; and in case the fifteen hundred shall be too large or too small to apportion all the representatives to any county, it shall be so increased or diminished as to give the number of representatives according to the above rule and proportion; and whenever any town or towns, plantation or plantations not entitled to elect a representative shall determine against the classification with any other town or plantation, the legislature may, at each apportionment of representatives on the application of such town or plantation, authorize it to elect a representative for such portion of time and such periods, as shall be equal to its portion of representation; and the right of representation so established, shall not be altered until the next general apportionment. Effective September 25, 1917. *** MEND *** *** MSTART 110 001.0 007.0 0 ME 1819 1919 *** 1. All commissioned officers of the militia shall be appointed and commissioned by the governor, from such persons as are qualified by law to hold such offices. [Text of previous Article 7, section 1 stricken and replaced by the preceding text.] Effective September 24, 1919. *** MEND *** *** MSTART 111 002.0 007.0 0 ME 1819 1919 *** 2. 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. [Text of previous Article 7, section 2 stricken and replaced by the preceding text.] Effective September 24, 1919. *** MEND *** *** MSTART 112 003.0 007.0 0 ME 1819 1919 *** 3. 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. [Text of previous Article 7, section 3 stricken and replaced by the preceding text.] Effective September 24, 1919. *** MEND *** *** MSTART 113 003.0 007.0 0 ME 1819 1919 *** 4. 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 effect of the law. [Text of previous Article 7, section 3 stricken and replaced by the preceding text.] Effective September 24, 1919. *** MEND *** *** MSTART 114 003.0 007.0 0 ME 1819 1919 *** 5. Persons of the denominations of quakers and shakers, 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 eighteen and under the age of forty-five years, excepting officers of the militia who have been honorably discharged, shall be so exempted unless he shall pay an equivalent to be fixed by law. Effective September 24, 1919. *** MEND *** *** MSTART 115 018.0 009.0 0 ME 1819 1919 *** 18. The legislature may authorize the issuing of bonds not to exceed the amount of one million one hundred and fifty thousand dollars, payable within twenty years at a rate of interest of four per, centum per annum payable semi-annually; which bonds shall be issued serially under the direction of the governor and council. The said bonds or their proceeds shall be devoted exclusively to the building and maintaining public wharves and the establishment of adequate port facilities in the state of Maine. New. Added September 24, 1919. Article 9, section 18 will be repealed September 26, 1951. *** MEND *** *** MSTART 116 014.0 009.0 0 ME 1819 1919 *** 14. The credit of the state shall not be directly or indirectly loaned in any case. The legislature shall not create any debt or debt liability or liabilities, on behalf of the state, which shall singly, or in the aggregate, with previous debts and liabilities hereafter incurred at an one time, exceed three hundred thousand dollars, except for the purpose of building and maintaining of state highways, to suppress insurrection, to repel invasion, or for purposes of war, or for the purposes of building and maintaining public wharves and for the establishment of adequate port facilities in the state of Maine; but this amendment 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. Effective September 24, 1919. *** MEND *** *** MSTART 117 014.0 009.0 0 ME 1819 1919 *** 14. The credit of the state shall not be directly or indirectly loaned in any case. The legislature shall not create any debt or debt, liability or liabilities, on behalf of the state, which shall singly, or in the aggregate, with previous debts and liabilities hereafter incurred at an one time, exceed: eight hundred thousand dollars, except for the purpose of building and maintaining of state highways, to suppress insurrection to repel invasion, or for purposes of war; but this amendment 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. Effective September 24, 1919. *** MEND *** *** MSTART 118 014.0 009.0 0 ME 1819 1919 *** 14. The credit of the state shall not be directly or indirectly loaned in any case. The legislature shall not create any debt or debts, 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 three hundred thousand dollars, except for the purposes of building state highways, intrastate, interstate, and international bridges, to suppress insurrection, to repel invasion or for purposes of war; but this amendment 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. Effective September 24, 1919. *** MEND *** *** MSTART 119 017.0 009.0 0 ME 1819 1919 *** 17. The legislature may authorize the issuing of bonds not exceeding ten million dollars in amount at any one time, payable within forty-one years, at a rate of interest not exceeding five per centum per annum, payable semi-annually, which bonds or their proceeds shall be devoted solely to the building of state highways, and intrastate, interstate, and international bridges; provided, however, that bonds issued and outstanding under the authority of this section shall never, in the aggregate, exceed ten million dollars; the expenditure of said money to be divided equitably among the several counties of the state. Effective September 24, 1919. Article 9, section 17 will be repealed September 26, 1951. *** MEND *** *** MSTART 120 001.0 002.0 0 ME 1819 1920 *** 1. Every male citizen of the United States of the age of twenty one years and upwards, excepting paupers, persons under guardianship, and Indians not taxed, having his residence established in this state for the term of three months next preceding any election, shall be an elector for governor, senators and representatives, in the town or plantation where his residence is so established, and he shall continue to be an elector in such town or plantation for the period of three months after his removal therefrom, if he continues to reside in this state during said period; 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 town or plantation; nor shall the residence of a student at any seminary of learning entitle him to the right of suffrage in the town or plantation where such seminary is established. No person, however, shall be deemed to have lost his residence by reason of his absence from the state in the military service of the United States, or of this state. Effective January 7, 1920. *** MEND *** *** MSTART 121 019.0 009.0 0 ME 1819 1920 *** 19. The legislature may authorize the issuing of bonds not to exceed the amount of three million dollars, payable within ten years, which bonds or their proceeds shall be devoted exclusively to paying a bonus to Maine soldiers and sailors in the war with Germany. New. Effective September 22, 1920. This text of this section was eventually omitted from the constitution as no longer in force. However, the date that this section is omitted from the constitution is unclear. *** MEND *** *** MSTART 122 014.0 009.0 0 ME 1819 1920 *** 14. The credit of the state shall not be directly or indirectly loaned in any case. The legislature shall not create any debt or debts, 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 eight hundred thousand dollars, except for the purposes of building state highways, intrastate, interstate, and international bridges; to suppress insurrection, to repel invasion, or for purposes of war; to provide for the payment of a bonus to Maine soldiers and sailors in the war with Germany; or for the purposes of building and maintaining public. wharves and for the establishment of adequate port facilities in the state of Maine; but this amendment 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. Effective September 22, 1920 *** MEND *** *** MSTART 123 016.0 009.0 0 ME 1819 1920 *** 16. 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. [Previous text of Article 9, section 16 stricken and replaced by the preceding section.] Effective October 1, 1920. *** MEND *** *** MSTART 124 005.0 004.0 1 ME 1819 1921 *** 5. The meetings within this state for the choice of representatives shall be warned in due course of law by the selectmen of the several towns seven days at least before the election, and the selectmen thereof shall preside impartially at such meetings, receive the votes of all the qualified electors, sort, count and declare them in open town meeting, and in the presence of the town clerk, who shall form a list of the persons voted for, with the number of votes for each person against his name, shall make a fair record thereof in the presence of the selectmen and in open town meeting. And the towns and plantations organized by law, belonging to any class herein provided, shall hold their meetings at the same time in the respective towns and plantations; and the town and plantation meetings in such towns and plantations shall be notified, held and regulated, the votes received, sorted, counted and declared in the same manner. And the assessors and clerks of plantations shall have all the powers, and be subject to all the duties, which selectmen and town clerks have, and are subject to by this constitution. And fair copies of the lists of voles shall be attested by the selectmen and town clerks of towns, and the assessors of plantations, and sealed up in open town and plantation meetings; and the town and plantation clerks respectively shall cause the same to be delivered into the secretary's office thirty days at least before the first Wednesday of January biennially. And the governor and council shall examine the returned copies of such lists, and also all lists of votes of citizens in the military service, returned to the secretary's office, as provided in article second, section four, of this constitution; and twenty days before the said first Wednesday of January, biennially, shall issue a summons to such persons as shall appear to be elected by a plurality of all the votes returned, to attend and take their seats. But all such lists shall be laid before the house of representatives on the first Wednesday of January biennially, and they shall finally determine who are elected. The electors resident in any city may, at any meeting duly notified for the choice of representatives, vote for such representatives in their respective ward meetings, and the wardens in said wards shall preside impartially at such meetings, receive the votes of all qualified electors, sort, count and declare them in open ward meetings, and in the presence of the ward clerk, who shall form a list of the persons voted for,.with the number of votes for each person against his name, shall make a fair record thereof in the presence of the warden, and in open ward meetings; and a fair copy of this list shall be attested by the warden and ward clerk, sealed up in open ward meeting, and delivered to the city clerk within twenty-four hours after the close of the polls. And the electors resident in any city may at any meetings duly notified and holden for the choice of any other civil officers for whom they have been required heretofore to vote in town meeting, vote for such officers in their respective wards, and the same proceedings shall be had by the warden and ward clerk in each ward, as in the case of votes for representatives. And the aldermen of any city shall be in session within twenty-four hours after the close of the polls in such meetings and in the presence of the city clerk shall open, examine and compare the copies from the lists of votes given in the several wards, of which the city clerk shall make a record, and return thereof shall be made into the secretary of state's office in the same manner as selectmen of towns are required to do. Effective October 4, 1921. *** MEND *** *** MSTART 125 017.0 009.0 0 ME 1819 1925 *** 17. The Legislature may authorize the issuing of bonds not exceeding ten million dollars in amount at any one time, payable within forty-one years, at a rate of interest not exceeding five per centum per annum, payable semi-annually, which bonds or their proceeds shall be devoted solely to the building of state highways, and intrastate, interstate and international bridges; provided, however, that bonds issued and outstanding under the authority of this section shall never, in the aggregate, exceed ten million dollars; the expenditure of said money to be divided equitably among the several counties of the State. The Legislature may authorize, in addition to the bonds hereinbefore mentioned, the issuance of bonds not exceeding three million dollars in amount at any one time, payable within fifty-one years, at a rate of interest not exceeding four per centum per annum, payable semi-annually, which bonds or their proceeds shall be devoted, solely to the building of a highway or combination highway and railroad bridge across the Kennebec river between the city of Bath and the town of Woolwich. Effective September 29, 1925. Article 9, section 17 will be repealed September 26, 1951. *** MEND *** *** MSTART 126 017.0 009.0 0 ME 1819 1925 *** 17. The legislature may authorize the issuing of bonds not exceeding sixteen million dollars in amount, at any one time, payable within forty-one years, except that all bonds issued under authority of this resolve during and after the year nineteen hundred twenty-five shall be payable within fifteen years, at a rate of interest not exceeding five per centum per annum, payable semi-annually, which bonds or their proceeds, shall be devoted solely to the building of state highways and interstate, intrastate and international bridges, provided, however, that bonds issued and outstanding under the authority of this section shall never in the aggregate, exceed sixteen million dollars, which said bonds issued during or after the year nineteen hundred twenty-five shall be serial and when paid at maturity, or otherwise retired, shall not be reissued; the expenditure of said money to be divided equitably among the several counties of the state. Effective September 29, 1925. Article 9, section 17 will be repealed September 26, 1951. *** MEND *** *** MSTART 127 002.0 005.0 2 ME 1812 1929 *** 2. The councillors shall be chosen biennially, on the first Wednesday of January, by joint ballot of the senators and representatives in convention; and vacancies, which shall afterward happen, shall be filled in the following manner: The governor with the advice and consent of the council shall appoint within thirty days from said vacancy a councillor from the same district in which the vacancy occurred, and the oath of office shall be administered by the governor; said councillor shall hold office until the next convening of the legislature; but not more than one councillor shall be elected or appointed from any district prescribed for the election of senators; they shall be privileged from arrest in the same manner as senators and representatives. Effective October 25, 1929. *** MEND *** *** MSTART 128 017.0 009.0 0 ME 1812 1929 *** 17. The legislature may authorize the issuing of bonds not exceeding sixteen million dollars in amount at any one time, payable within forty-one years, except that all bonds issued under authority of this resolve during and after the year nineteen hundred and twenty-five shall be payable within fifteen years, at a rate of interest not exceeding five per centum per annum, payable semi-annually, which bonds or their proceeds, shall be devoted solely to the building of state highways and interstate, intrastate and international bridges, provided, however, that bonds issued and outstanding under the authority of this section shall never, in the aggregate, exceed sixteen million dollars, which said bonds issued during or after the year nineteen hundred and twenty-five shall be serial and when paid at maturity, or otherwise retired, shall not be reissued; the expenditure of said money to be divided equitably among the several counties of the state. The legislature may authorize, in addition to the bonds hereinbefore mentioned, the issuance of bonds not exceeding three million dollars in amount at any one time, payable within fifty-one years, at a rate of interest not exceeding four per centum per annum, payable semi-annually, which bonds or their proceeds shall be devoted solely to the building of a highway or combination highway and railroad bridge across the Kennebec river between the city of Bath and the town of Woolwich. The legislature may authorize, in addition to the bonds hereinbefore mentioned, the issuance of bonds not exceeding one million two hundred thousand dollars in amount at any one time payable within thirty years at a rate of interest not exceeding four per centum per annum, payable semi-annually, which bonds or their proceeds shall be devoted solely to the building of a highway bridge across the Penobscot river from either the town of Prospect or the town of Stockton Springs to either the town of Bucksport or the town of Verona, to be known as the "Waldo-Hancock Bridge." Effective October 25, 1929. Article 9, section 17 will be repealed September 26, 1951. *** MEND *** *** MSTART 129 017.0 009.0 0 ME 1819 1929 *** 17. The state, under proper enactment of the legislature, may issue its bonds not exceeding in the aggregate thirty-one million dollar in amount at any one time, and all bonds issued during and after the year nineteen hundred and twenty-nine shall be payable serially within twenty-five years from date of issue, at a rate of interest not exceeding five per centum per annum, payable semi-annually. The proceeds of bonds hereafter issued and outstanding under authority of this section to the extent of ten million dollars shall be devoted solely to the construction of the present system of state highways designated prior to April first nineteen hundred and twenty-nine; provided, however, that not exceeding two million five hundred thousand dollars of such proceeds may be used for the reconstruction of state highways forming a part of the system heretofore constructed, and provided further that not exceeding, one million five hundred thousand dollars of such proceeds may be used for the construction of state highways hereafter to be designated. The proceeds of bonds hereafter issued and outstanding, under authority of this section, to the extent of five million dollars shall be devoted solely to the building of interstate, intrastate, and international bridges. Said bonds when paid at maturity or otherwise retired shall not be reissued. All bonds issued under the authority of this section of the constitution shall be in addition to the bonds heretofore authorized and issued in the amount of three million dollars, the proceeds of which were devoted to the building of a combination highway and railroad bridge across the Kennebec river between the city of Bath and the town of Woolwich. Effective October 25, 1929. Article 9, section 17 will be repealed September 26, 1951. *** MEND *** *** MSTART 130 001.0 004.0 2 ME 1819 1931 *** 1. The senate shall consist of the members to which the seven counties are entitled, on the following basis of representation according to the Federal Census: each county having a population of thirty thousand inhabitants or less shall have one senator; each county having population of more than thirty thousand inhabitants and less than sixty thousand inhabitants shall have two senators; each county having a population of more than sixty thousand inhabitants and less than one hundred and twenty thousand inhabitants shall have three senators; each county having a population of more than one hundred twenty thousand and less than two hundred forty thousand inhabitants shall have four and each county having a population of more than two hundred forty thousand inhabitants shall have five senators. For the purpose of representation, foreigners not naturalized and Indians not taxed shall not be counted as inhabitants. The members of the senate shall be elected at the same time and for the same term as the representatives by the qualified electors of the counties which they shall respectively represent. Effective October 7, 1931. *** MEND *** *** MSTART 131 002.0 004.0 2 ME 1819 1931 *** Article 4, part 2, section 2 repealed October 7, 1931. *** MEND *** *** MSTART 730 002.0 004.0 2 ME 1819 1931 *** 5. The senate shall, on the said first Wednesday of January, biennially, determine who are elected by a plurality of votes to be senators in each county; and in case the full number of senators to be elected from each county shall not have been so elected, the members of the house of representatives and such senators, as shall have been elected, shall, from the highest numbers of the persons voted for on said lists, equal to twice the number of senators deficient, in every county, if there be so many voted for, elect by joint ballot the number of senators required; but all vacancies in the senate, arising from death, resignation, removal from the State, or like causes, shall be filled by an immediate election in the unrepresented county. The governor shall issue his proclamation therefor and therein fix the time of such election. Effective October 7, 1931. *** MEND *** *** MSTART 731 002.0 9099.0 2 ME 1819 1934 *** ARTICLE, LIV. Repeal of Prohibition of the Manufacture and Sale of Intoxicoting Liqours. The 26th amendment to the constitution is hereby repealed. Amendment regarding the prohibition of the manufacture and sale of alcoholic liquors (our amendment number 77) repealed October 1, 1934. *** MEND *** *** MSTART 733 014.0 009.0 0 ME 1819 1934 *** 14. The credit of the state shall not be directly or indirectly loaned in any case. The legislature shall not create any debt or debts, 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 for the purposes of building state highways, intrastate, interstatc and international bridges; to suppress insurrection, to repel invasion, or for the purposes of war; to provide for the payment of a bonus to Maine soldiers and sailors in the war with Germany; or for the purposes of building and maintaining public wharves and for the establishment of adequate port facilities in the state of Maine; but this amendment 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. Effective October 1, 1934. *** MEND *** *** MSTART 132 020.0 009.0 0 ME 1819 1934 *** 20. The state under authority of proper enactment of the legislature may issue its bonds not to exceed the amount of $2,000,000 payable within 20 years, at a rate of interest not exceeding 5% per annum, payable semi-annually, the proceeds to be disbursed for the construction of state buildings and equipment for same, or remodeling or extension of any plant which is part of state-owned property. Said bonds shall be designated "State of Maine Improvement Bonds," and when paid at maturity or otherwise retired, shall not be reissued. New. Effective October 1, 1934 *** MEND *** *** MSTART 133 001.0 002.0 0 ME 1819 1935 *** 1. Every male citizen of the United States of the age of twenty-one years and upwards, excepting paupers, persons under guardianship, and Indians not taxed, having his residence established in this state for the term of six months next preceding any election, shall be an elector for governor, senators and representatives, in the town or plantation where his residence is so established, and he shall continue to be an elector in such town or plantation for the period of three months after his removal therefrom, if he continues to reside in this state during said period; 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 town or plantation; nor shall the residence of a student at any seminary of learning entitle him to the right of suffrage in the town or plantation where such seminary is established. No person, however, shall be deemed to have lost his residence by reason of his absence from the state in the military service of the United States, or of this state. Effective October 8, 1935. *** MEND *** *** MSTART 134 017.0 009.0 0 ME 1812 1935 *** 17. The state, under proper enactment of the legislature, may issue its bonds not exceeding in the aggregate $36,000,000 in amount at any one time, and all bonds issued after the year 1935 shall be payable serially within 15 years from date of issue, at a rate of interest not exceeding 40/0 per year, payable semi-annually. The proceeds of bonds hereafter issued and outstanding under authority of this section to the extent of $5,000,000 shall be devoted solely to the construction of the system of state highways heretofore designated or to such as may hereafter be designated. Said bonds, when paid at maturity or otherwise retired, shall not be reissued. All bonds issued under the authority of this section shall be in addition to the bonds heretofore issued in the amount of S3,000,000, the proceeds of which were devoted to the building of a combination highway and railroad bridge across the Kennebec river between the city of Bath and the town of Woolwich, and in addition to the bonds heretofore issued in the amount of $900,000,the proceeds of which were devoted to the building of a highway bridge across the Penobscot river between the towns of Prospect, Verona and Bucksport. Provided further, that in case it becomes necessary in the judgment of the governor and council to match available federal funds for the construction of state highways, the state may issue its bonds up to $1,000,000 per year, the proceeds thereof to be available for the aforesaid purpose after July 1, 1936. Effective October 8, 1935. Article 9, section 17 will be repealed September 26, 1951. *** MEND *** *** MSTART 135 005.0 002.0 0 ME 1819 1935 *** 5. 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. Effective October 9, 1935. *** MEND *** *** MSTART 136 021.0 009.0 0 ME 1819 1935 *** 21. The state under authority of proper enactment of the legislature may issue its bonds not to exceed the amount of $500,000, payable within 30 years, at a rate of interest not exceeding 5% per annum, payable semi-annually, the proceeds to be disbursed for maintenance of a bridge between the towns of Deer Isle and Sedgwick, and for interest charges on, and retirement of bonds issued by the Deer Isle-Sedgwick Bridge District; said bonds to be issued only at such times and in such amounts as may be required to furnish funds additional to the receipts of the Deer Isle-Sedgwick bridge for maintenance, interest and the retirement of bonds issued by the Deer Isle-Sedgwick Bridge District. Effective October 8, 1935. According to a schedule of amendments published in 1983, this section is number 18 of Article 9. *** MEND *** *** MSTART 137 001.0 002.0 0 ME 1819 1938 *** 1. Every citizen of the United States of the age of 21 years and upwards, excepting paupers, persons under guardianship, and Indians not taxed, having his or her residence established in this state for the term of six months next preceding any election, shall be an elector for governor, senators and representatives, in the city, town or plantation where his or her residence has been established for the term of three months next preceding such election, and he or she shall continue to be an elector in such city, town or plantation for the period of three months after his or her removal therefrom, if he or she continues to reside in this state during such period; 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, barracks, or military place, in any city, town at or plantation; nor shall the residence of a student at any seminary of learning entitle him 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 his residence by reason of his absence from the state in the military service of the United States or of this state. Effective October 3, 1938. *** MEND *** *** MSTART 138 022.0 009.0 0 ME 1819 1944 *** 22. 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 the 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. New. Added Oct 27, 1944. According to a schedule of amendments published in 1983, this is section 19 of article 9. *** MEND *** *** MSTART 139 007.0 004.0 3 ME 1819 1948 *** 7. 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 judgement of the house, and does not depart therefrom without leave. Effective October 20, 1948. *** MEND *** *** MSTART 140 006.0 010.0 0 ME 1819 1950 *** 6. The chief justice of the supreme judicial court shall arrange the constitution, as amended, under appropriate titles and in proper articles, parts and sections, omitting all sections, clauses and words not in force and making no other changes in the provisions or language thereof, and shall submit the same to the legislature; and such arrangement of the constitution shall be made and submitted whenever a new revision of the public laws of the state is authorized; 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. Effective October 12, 1950. *** MEND *** *** MSTART 141 003.0 004.0 1 ME 1819 1950 *** 3. Each county shall be entitled to that number of representatives which is in the same proportion to the total number as the number of inhabitants of the county bears to the number of inhabitants of the state, fractional excesses over whole numbers to be computed in favor of the smaller counties. No city or town shall ever be entitled to more than seven representatives, except that in the event of merger of towns or cities, the new town or city shall be allowed the combined representation of the former units, which number if exceeding seven shall thereupon and thereafter become the maximum number to which any city or town shall thereafter be entitled in later apportionments. Apportionment of representatives within each county shall be made by deducting from the number of inhabitants of the county the number of inhabitants of such cities and towns as may be entitled to the maximum number of representatives permitted to any city or town by reason of the numerical proportion of its inhabitants to the inhabitants of the county and by deducting from the total number of representatives to which the county is entitled the number to which such cities and towns of maximum representation are entitled, the remaining inhabitants being entitled to the remaining representatives; and in the allocation of the remainder within the county each city or town having a number of inhabitants greater than a unit base number obtained by dividing such remaining inhabitants by such remaining representatives shall be entitled to as many representatives as the number of times the number of its inhabitants fully contains the unit base number of representation; and the remaining cities, towns and plantations within the county which have inhabitants in number less than such unit base number shall be formed into representative class districts in number equal to the remainder of county representatives unallocated under the foregoing procedure by grouping whole cities, towns and plantations as equitably as possible with consideration for population and for geographical contiguity. Effective September 26, 1951. *** MEND *** *** MSTART 142 001.0 005.0 3 ME 1819 1951 *** 1. The Treasurer shall be chosen biennially, at the first session of the Legislature, by joint ballot of the Senators, and Representatives in convention. Effective September 26, 1951. *** MEND *** *** MSTART 143 018.0 004.0 3 ME 1819 1951 *** 18. The electors may propose to the legislature for its consideration any bill, resolve or 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 or presented to either branch of the legislature within forty-five days after the date of convening of the legislature in regular session. Any measure thus proposed by electors, the number of which shall not be less than ten percent of the total vote for governor cast in the last gubernatorial election preceding the filing of such petition, 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 general election to be held not less than sixty days after the first vote thereon be submitted by itself if it receives more than one-third 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 accordance with the preceding section. The legislature may order a special election on any measure that is subject to a vote of the people. The governor may, and if so requested in the written petitions addressed to the legislature, 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 a special election to be held not less than four nor more than six months after such proclamation, otherwise said measure shall be voted upon at the next general election held not less than sixty days after the recess of the legislature, to which such measure was proposed. Effective September 28,1951. *** MEND *** *** MSTART 144 019.0 004.0 3 ME 1819 1951 *** 19. Any measure 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 thirty days after the governor has made public proclamation of the result of the vote on said measure, which he shall do within ten 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 forty-five 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 his 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. Effective September 28, 1951. *** MEND *** *** MSTART 145 014.0 009.0 0 ME 1819 1951 *** 14. The credit of the state shall not be directly or indirectly loaned in any case. The legislature shall not create any debt or debts, 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 two million dollars, except to suppress insurrection, to repel invasion, or for purposes of war; and excepting also that whenever two-thirds 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. Effective September 26, 1951. *** MEND *** *** MSTART 146 017.0 009.0 0 ME 1819 1951 *** 17. Article 9, section 17 repealed September 26, 1951. *** MEND *** *** MSTART 147 018.0 009.0 0 ME 1819 1951 *** 18. Article 9, section 18 repealed September 26, 1951. *** MEND *** *** MSTART 148 004.0 002.0 0 ME 1819 1951 *** 4. The election of governor, senators and representatives, shall be on the second Monday of September biennially forever. 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. Effective September 26, 1951. *** MEND *** *** MSTART 149 001.0 002.0 0 ME 1819 1954 *** 1. Every citizen of the United States of the age of twenty-one years and upwards, excepting paupers and persons under guardianship, having his or her residence established in this state for the term of six months next preceding any election, shall be an elector for governor, senators and representatives, in the city, town or plantation where his or her residence has been established for the term of three months next preceding such election, and he or she shall continue to be an elector in such city, town or plantation for the period of three months after his or her removal therefrom, if he or she continues to reside in this state during such period, unless barred by the provisions of the second paragraph of this section; 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 him 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 his residence by reason of his absence from the state in the military service of the United States, or of this state. Effective September 21, 1954. *** MEND *** *** MSTART 150 002.0 004.0 1 ME 1819 1954 *** 2. The house of representatives shall consist of one hundred and fifty-one members, to be elected by the qualified electors, and hold their office two years from the day next preceding the biennial meeting of the legislature. The legislature shall, within every period of at most ten years and at least five cause the number of the inhabitants of the state to be ascertained, exclusive of foreigners not naturalized. The number of representatives shall, at the several periods of making such enumeration, be fixed and apportioned among the several counties, as near as may be, according to the number of inhabitants, having regard to the relatives increase of population. Effective September 21, 1954. *** MEND *** *** MSTART 151 015.0 009.0 0 ME 1819 1954 *** 15. No city or town shall hereafter create any debt or liability, which singly, or in the aggregate with previous debts or liabilities, shall exceed seven and one-half per cent of the last regular valuation of said city or town; provided, however, that the adoption of this article shall not be construed as applying to any fund received in trust by said city or town, nor to any loan for the purpose of renewing existing loans or for war, or to temporary loans to be paid out of money raised by taxation, during the year in which they are made. Effective September 21, 1954. *** MEND *** *** MSTART 152 011.0 005.0 1 ME 1819 1964 *** 11. He shall have power, with the advice and consent of the Council, to remit, after conviction, all forfeitures and penalties, and 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. Effective November 18, 1964. *** MEND *** *** MSTART 153 014.0 005.0 1 ME 1819 1964 *** 14. Whenever the office of Governor shall become vacant, the President of the senate shall assume the office of Governor until another governor shall be duly qualified. When the vacancy occurs more than ninety 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 Governor until the first Wednesday of January following the biennial election. At the biennial election, a Governor shall be elected to fill the unexpired term created by the vacancy. When the vacancy occurs less than ninety 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 Governor, 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 office 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 Governor for the same term and under the same conditions as the President of the Senate. Whenever either the President of the Senate or Speaker of the House of Representatives shall assume said office of Governor, he shall receive only the compensation of Governor, but his duties as President or Speaker shall be suspended; and the Senate or House shall fill the vacancy resulting from such suspension, until his duties as Governor shall cease. Effective November 18, 1964. *** MEND *** *** MSTART 154 015.0 009.0 0 ME 1819 1955 *** 15. No city or town shall hereafter create any debt or liability, which singly, or in the aggregate with previous debts or liabilities, shall exceed seven and one-half percent of the last regular valuation of said city or town; provided, however, that the adoption of this article shall not be construed as applying to any fund received in trust by said city or town, nor to any loan for the purpose of renewing existing loans or for war, or to temporary loans to be paid out of money raised by taxation, during the year in which they are made. Long term rental agreements not exceeding forty years under contracts with the Maine School Building Authority shall not be debts or liabilities within the provisions of this section. Effective September 26, 1955. *** MEND *** *** MSTART 155 014.0 009.0 0 ME 1819 1957 *** 14. The credit of the State shall not be directly or indirectly loaned in any case, except as provided in section 14-A. The Legislature shall not create any debt or debts, 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 two million dollars, except to suppress insurrection, to repel invasion, or for purposes of war; and excepting also that whenever two-thirds 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. Effective September 19, 1957. *** MEND *** *** MSTART 156 004.0 002.0 0 ME 1819 1957 *** 4. 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 of November every four 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. Effective September 19, 1957. *** MEND *** *** MSTART 157 020.0 004.0 3 ME 1819 1957 *** 20. As used in either of the three preceding sections 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; "general election" means the November election for choice of presidential electors, Governor and other state and county officers; "measure" means an Act, bill, resolve or resolution proposed by the people, or two or more such, or part or parts of such, as the case may be; "written petition" means one or more petitions written or printed, or partly written and partly printed, with the original signatures of the petitioners attached, verified as to the authenticity of the signatures by the oath of one of the petitioners certified thereon, and accompanied by the certificate of the clerk of the city, town or plantation in which the petitioners reside that their names appear on the voting list of his city, town or plantation as qualified to vote for Governor. The petition shall set forth the full text of the measure requested or proposed. 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 or questions concisely and intelligibly. Effective September 19, 1957. *** MEND *** *** MSTART 158 006.0 006.0 0 ME 1819 1957 *** 6. 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 four 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, with the advice and consent of the Council, 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. Effective September 19, 1957. *** MEND *** *** MSTART 159 010.0 009.0 0 ME 1819 1957 *** 10. 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 two years from the first day of January next after their election, unless sooner removed as hereinafter provided. Whenever the governor and Council upon complaint, due notice and hearing shall find that a sheriff is not faithfully or efficiently performing any duty imposed upon him by law, the Governor may remove such sheriff from office and with the advice and consent 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. Effective September 19, 1957. *** MEND *** *** MSTART 160 004.0 010.0 0 ME 1819 1957 *** 4. The Legislature, whenever two-thirds 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; 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. Effective September 19, 1957. *** MEND *** *** MSTART 161 002.0 005.0 1 ME 1819 1957 *** 2. The Governor shall be elected by qualified electors, and shall hold his office for four years from the first Wednesday of January next following the election. The person who has served two consecutive popular elective four-year terms of office as Governor shall be ineligible to succeed himself. Effective September 19, 1957. *** MEND *** *** MSTART 162 017.0 009.0 0 ME 1819 1960 *** 17. Notwithstanding any general or special provision of this Constitution, the Legislature, in order to insure continuity of state and local governmental operations in periods of 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. Effective November 30, 1960. *** MEND *** *** MSTART 163 018.0 009.0 0 ME 1819 1962 *** 18. All of the assets, and proceeds or income therefrom, of the Main State Retirement System or any successor system and all contributions and payments made tot he 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. Effective November 21, 1962. *** MEND *** *** MSTART 164 002.0 008.0 2 ME 1819 1962 *** [According to a schedule of amendments published by the state in 1983, Article 8, part 2, section 2 was amended on November 21, 1962. However, this was not found in a survey of other documents, including other constitutions published by the state or the state session laws. According to the recodification of 1973, this section first appeared as section 8-A of Article 9, part 2. See also amendment number ***********************************8 *** MEND *** *** MSTART 165 002.0 004.0 1 ME 1819 1963 *** 2. The House of Representatives shall consist of one hundred and fifty-one members, to be elected by the qualified electors, and hold their office two years from the day next preceding the biennial meeting of the Legislature. The Legislature shall, within every period of at most ten years and at lest five, cause the number of inhabitants of the State to be ascertained, exclusive of foreigners not naturalized. The number of Representatives shall, at the several periods of making such enumeration, be fixed and apportioned by the Legislature among the several counties, as near as may be, according to the number of inhabitants. Each county shall be entitled to that number of Representatives which is in the same proportion to the total number of Representatives as the number of inhabitants of the county bears to the number of inhabitants of the State, fractional excesses over whole number to b computed in favor of the counties having the larger fractional excesses. Effective November 20, 1963. *** MEND *** *** MSTART 166 002.1 004.0 1 ME 1819 1963 *** Article 4, section 2-A, part 1 repealed November 20, 1963. *** MEND *** *** MSTART 177 003.0 004.0 1 ME 1819 1963 *** 3. Apportionment of Representatives within each county shall be made by dividing the total number of inhabitants in the county by the number of Representatives to which the county is entitled to determine a unit base number. Each city or town having a number of inhabitants greater than the unit base number shall be entitled to as many Representatives as the number of times the number of its inhabitants fully contains the unit base number; and the remaining cities, towns and plantations within the county which have inhabitants in numbers less than such unit base number shall be formed into representative class districts in number equal to the remainder of county Representatives unallocated under the foregoing procedure by grouping whole cities, towns and plantations as equitably as possible with consideration for population and for geographical contiguity. Provided, however, that no such representative district shall contain fewer inhabitants than the largest fraction remaining to any city or town within such county after the allocating of one or more Representatives under the foregoing procedure; and, provided further, that additional Representatives, drawn from the remainder of county Representatives unallocated under the foregoing procedure, shall be allocated to cities or towns having the largest fraction remaining after the allocation of one or more Representatives under the foregoing procedure if such be necessary to insure that no such representative district contain fewer inhabitants than the largest fraction remaining to any city or town within such county after the allocating of one or more Representatives under the foregoing procedure. Cities and towns entitled to two or more Representatives under the foregoing procedure may, by affirmative vote of two-thirds of both Houses of the Legislature, be organized into single member districts whereby each legally qualified elector therein is entitled to vote for only one Representative, provided that all such cities and towns are so organized. In the event that the Legislature shall fail to make an apportionment, the Supreme Judicial Court shall, within sixty days following the end of the period in which the Legislature is required to act, but fails to do so, make the apportionment. Effective November 20, 1963. *** MEND *** *** MSTART 178 006.1 001.0 1 ME 1819 1963 *** 6-A. 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 his civil rights or be discriminated against in the exercise thereof. Effective November 20, 1963. *** MEND *** *** MSTART 179 011.0 005.0 1 ME 1819 1964 *** 11. He shall have power, with the advice and consent of the Council, to remit, after conviction, all forfeitures and penalties, and 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. Effective November 18, 1964. *** MEND *** *** MSTART 180 001.0 009.0 0 ME 1819 1964 *** 1. 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 he enter on the discharge of the duties of his place or office, take and subscribe, the following oath or affirmation: "I, _____ 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." "I _____ 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." Provided, that an affirmation in the above forms may be substituted, when the person shall be conscientiously scrupulous of taking and subscribing an oath. The oaths or affirmations shall be taken and subscribed by the Governor and Councillors 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 Council, and by the residue of said officers before such persons as shall be prescribed by the Legislature; and whenever the Governor or any Councillor 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 his absence, 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. Effective November 18, 1964. *** MEND *** *** MSTART 181 004.0 004.0 2 ME 1819 1964 *** 4. The Senate shall, on the first Wednesday of January, biennially, determine who are elected by a plurality of votes to be Senators in each county. All vacancies in the Senate arising from death, resignation, removal from the Senate, or like causes, and also vacancies, if any, which may occur because of the failure of any county to elect by a plurality of votes the full number of Senators to which said county shall be entitled, shall be filled by an immediate election in the unrepresented county. The Governor shall issue a proclamation therefor and therein fix the time of such election. [This section was originally section 5. It is not clear from the sources when the section was re- numbered. However, the original section 2 was either repealed or omitted as not in force (unclear from the sources) on October 7, 1931. The removal of section 2 was the impetus for renumbering the entire article after section 1.] Effective November 18, 1964. *** MEND *** *** MSTART 182 004.0 005.0 3 ME 1819 1964 *** [According to a schedule published by the state in 1983, this section was amended, effective November 18, 1964. However, a search for this amendment in the constitution and in the state session laws revealed no such amendment.] *** MEND *** *** MSTART 183 001.0 006.0 0 ME 1819 1964 *** 1. The judicial power of this State shall be vested in a Supreme Judicial Court, and such other courts as the Legislature shall from time to time establish. Effective November 18, 1964. Original text of article 6, section 1 repealed and replaced by the foregoing. *** MEND *** *** MSTART 184 002.0 006.0 0 ME 1819 1964 *** 2. The Justices of the Supreme Judicial Court and the Judges of other courts shall, at stated times receive a compensation, which shall not be diminished during their continuance in office, but they shall receive no other fee or reward for their services as Justices or Judges. Effective November 18, 1964. Original text of article 6, section 2 repealed and replaced by the foregoing. *** MEND *** *** MSTART 185 003.0 006.0 0 ME 1819 1964 *** 3. 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. Effective November 18, 1964. Original text of article 6, section 3 repealed and replaced by the foregoing. *** MEND *** *** MSTART 186 004.0 006.0 0 ME 1819 1964 *** 4. All judicial officers shall hold their offices for the term of seven 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, provided further that justices of the peace may be removed from office in such manner as the Legislature may provide) and no longer, unless reappointed thereto. Effective November 18, 1964. Original text of article 6, section 4 repealed and replaced by the foregoing. *** MEND *** *** MSTART 187 005.0 006.0 0 ME 1819 1964 *** 5. No Justice of the Supreme Judicial Court or any other court shall hold office under the United States or any other state, nor under this State, except as justice of the peace or as member of the Judicial Council. Effective November 18, 1964. Original text of article 6, section 5 repealed and replaced by the foregoing. *** MEND *** *** MSTART 188 006.0 006.0 0 ME 1819 1964 *** 6. 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 four 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, with the advice and consent of the Council, 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. Effective November 18, 1964. Original text of article 6, section 6 repealed and replaced by the foregoing. *** MEND *** *** MSTART 189 007.0 005.0 1 ME 1819 1964 *** 7. He shall be commander on 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. Effective November 18, 1964. *** MEND *** *** MSTART 200 003.0 005.0 1 ME 1819 1964 *** 3. The meetings for election of Governor shall be notified, held and regulated and votes shall be received, sorted, counted and declared and recorded, in the same manner 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 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 two 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 two 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. Effective November 18, 1964. *** MEND *** *** MSTART 201 014.0 005.0 1 ME 1819 1964 *** 14. Whenever the office of Governor shall become vacant, the President of the Senate shall assume the office of Governor until another Governor shall be duly qualified. When the vacancy occurs more than ninety 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 Governor until the first Wednesday of January following the biennial election. At the biennial election, a Governor shall be elected to fill the unexpired term created by the vacancy. When the vacancy occurs less than ninety 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 Governor, 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 office 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 Governor for the same term and under the same conditions as the President of the Senate. Whenever either the President of the Senate or Speaker of the House of Representatives shall assume said office of Governor, he shall receive only the compensation of Governor, but his duties as President or Speaker shall be suspended; and the Senate or House shall fill the vacancy resulting from such suspension, until his duties as Governor shall cease. Effective November 18,1964. *** MEND *** *** MSTART 202 014.1 009.0 0 ME 1819 1963 *** 14-A. For the purposes of fostering, encouraging and assisting the physical location, settlement and resettlement of industrial and manufacturing enterprises within the State, the Legislature by proper enactment may insure the payment of mortgage loans on the real estate within the State of such industrial and manufacturing enterprises not exceeding in the aggregate $40,000,000 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. Effective November 18, 1964. *** MEND *** *** MSTART 203 005.0 004.0 1 ME 1819 1964 *** 5. 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 seven days at least before the election, and the election officials of the various towns and cities shall preside impartially at such meetings, receive the 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 his 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 and Council shall examine the returned copies of such lists and twenty days before the first Wednesday of January 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 January biennially, and they shall finally determine who are elected. Effective November 18, 1964. *** MEND *** *** MSTART 204 003.0 004.0 1 ME 1819 1963 *** 3. Apportionment of Representatives within each county shall be made by dividing the total number of inhabitants in the county by the number of Representatives to which the county is entitled to determine a unit base number. Each city or town having a number of inhabitants greater than the unit base number shall be entitled to as many Representatives as the number of times the number of its inhabitants fully contains the unit base number; and the remaining cities, towns and plantations within the county which have inhabitants in numbers less than such unit base number shall be formed into representative class districts in number equal to the remainder of county Representatives unallocated under the foregoing procedure by grouping whole cities, towns and plantations as equitably as possible with consideration for population and for geographical contiguity. Provided, however, that no such representative district shall contain fewer inhabitants than the largest fraction remaining to any city or town within such county after the allocating of one or more Representatives under the foregoing procedure; and, provided further, that additional Representatives, drawn from the remainder of county Representatives unallocated under the foregoing procedure, shall be allocated to cities or towns having the largest fraction remaining after the allocation of one or more Representatives under the foregoing procedure if such be necessary to insure that no such representative district contain fewer inhabitants than the largest fraction remaining to any city or town within such county after the allocating of one or more Representatives under the foregoing procedure. Cities and towns entitled to two or more Representatives under the foregoing procedure may, by affirmative vote of two-thirds of both Houses of the Legislature, be organized into single member districts whereby each legally qualified elector therein is entitled to vote for only one Representative, provided that all such cities and towns are so organized. In the event that the Legislature shall fail to make an apportionment, the Supreme Judicial Court shall, within sixty days following the end of the period in which the Legislature is required to act, but fails to do so, make the apportionment. Effective November 20, 1963. *** MEND *** *** MSTART 205 008.1 009.0 2 ME 1819 1962 *** 8-A. 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 constructing buildings for industrial use, to be leased or sold by the municipality to any responsible industrial firm or corporation. New. Effective November 21, 1962. This section will be renumbered by the recodification of 1973. According to the amendment notes of the 1973 constitution published by the state, this section is renumbered Article 8, part 2, section 2. This was not done by amendment, rather by judicial fiat. It was also formally amended in 1974 as Article 8, part 2, section 2. See amendment number 206. *** MEND *** *** MSTART 206 002.0 008.0 2 ME 1819 1974 *** 2. 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. Effective November 21, 1974. This section was formerly Article 9, section 8-A, but was renumbered by the recodification of 1973. This was not done by amendment, rather, it was carried out by judicial fiat. *** MEND *** *** MSTART 207 003.0 004.0 2 ME 1819 1966 *** 3. 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 cites and owns or other duly authorized officials and sealed up in open meetings and such officials shall cause said lists to be delivered into the Secretary of State's office withing fifteen days after the date on which the election is held. Effective November 28, 1966. According to the State Codes published by Westlaw, this section was originally numbered section 3 and later renumbered section 2. Subsequently, it was renumbered section 3. It is unclear from the source when these changes took place. However, according to the recodification notes contained in the 1973 constitution, it was renumbered from section 3 to section 4. See explanatory notes. *** MEND *** *** MSTART 208 004.0 004.0 2 ME 1819 1966 *** 4. The Governor and Council shall, as soon as may be, examine the copies of such lists, and at least twenty days before the said first Wednesday of January, issue a 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. Effective November 28, 1966. According to the State Codes published by Westlaw, this section was originally numbered section 4 and later renumbered section 3. Subsequently, it was renumbered section 4. It is unclear from the source when these changes took place. However, according to the recodification notes contained in the 1973 constitution, it was renumbered from section 4 to section 5. See explanatory notes. *** MEND *** *** MSTART 209 005.0 004.0 2 ME 1819 1966 *** 5. The Senate shall, on said first Wednesday of January, biennially determine who is elected by a plurality of votes to be Senator in each district. All vacancies in the Senate arising form 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. Effective November 28, 1966. According to the State Codes published by Westlaw, this section was originally numbered section 5 and later renumbered section 4. Subsequently, it was renumbered section 5. It is unclear from the source when these changes took place. However, according to the recodification notes contained in the 1973 constitution, it was renumbered from section 5 to section 6. See explanatory notes. *** MEND *** *** MSTART 210 006.0 010.0 0 ME 1819 1967 *** 6. The Chief Justice of the Supreme Judicial Court shall arrange the Constitution, as amended, under appropriate titles and in proper articles, parts and sections, omitting all sections, clauses and words not in force and making no other changes in the provisions or language thereof, and shall submit the same to the Legislature; and such arrangement of the Constitution shall be made and submitted to the regular session of the Legislature in 1973 and every ten 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 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. Effective November 20, 1967. *** MEND *** *** MSTART 211 001.0 004.0 2 ME 1819 1969 *** 1. The Senate shall consist of an odd number of Senators not less than thirty-one nor more than thirty- five, elected at the same time and for the same term as representatives by the qualified voters of the districts into which the State shall be from time to time divided. Effective November 17, 1969. *** MEND *** *** MSTART 212 002.0 004.0 2 ME 1819 1969 *** 2. The legislature which shall convene after the adoption of this amendment shall cause the State to be divided into districts for the choice of a Senator from each district. The Legislature every tenth year thereafter shall do likewise. The number of Senators to constitute the Senate shall be divided into the number of inhabitants of the State to determine a median population figure for each Senatorial District. Each Senatorial District shall have equal population as nearly as practicable. The number of inhabitants of the State shall be determined by the latest Federal Decennial Census. Effective November 17, 1969. *** MEND *** *** MSTART 213 001.0 008.0 2 ME 1819 1969 *** 1. 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. Effective November 17, 1969. *** MEND *** *** MSTART 214 008.0 009.0 0 ME 1819 1970 *** 8. 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; but 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. Nothing shall prevent the Legislature from providing for the assessment of the following types of real estate wherever situated in accordance with a valuation based upon the current use thereof and in accordance with such conditions as the Legislature may enact: 1. Farms and agricultural lands, timberland and woodlands; 2. Open space lands which are used for recreation or the enjoyment of scenic or natural beauty; 3. Lands used for game management or wildlife sanctuaries. In implementing the foregoing, the Legislature shall provide that any change of use higher than those set forth above, 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 such change of use had such real estate been assessed at its highest and best use, less all taxes paid on said real estate over the preceding 5 years, and interest, upon such reasonable and equitable basis as the Legislature shall determine. Effective November 18, 1970. *** MEND *** *** MSTART 215 002.0 005.0 1 ME 1819 1971 *** 2. The governor shall be elected by the qualified electors and shall hold his office for four years from the first Wednesday of January next following the election and until his successor has been duly elected and qualified. The person who has served two consecutive popular elective four-year terms of office as Governor shall not be eligible to succeed himself. Effective November 17, 1971. *** MEND *** *** MSTART 216 002.0 008.0 1 ME 1819 1971 *** 2. For the purpose of 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. Funds shall be obtained by the issuance of state bonds, when authorized by the Governor and Council, but the amount of bonds issued and outstanding shall not at the one time exceed in the aggregate four million dollars. Funds loaned shall be on such terms and conditions as the Legislature shall authorize. Effective November 17, 1971. *** MEND *** *** MSTART 217 015.0 009.0 0 ME 1819 1973 *** 15. The Legislature shall enact a general law regulating the total borrowing capacity of municipal corporations. Previous article 9, section 15 repealed and replaced by the preceding text. Effective November 20,1973. *** MEND *** *** MSTART 218 002.0 004.0 3 ME 1819 1973 *** 2. Every bill or resolution, having the force of law, to which the concurrence of both houses may be necessary, except on a question of adjournment, which shall have passed both houses, shall be presented to the governor, and, if he approve, he shall sign it; if not, he shall return it, with his objections, to the house in which it shall have originated, which shall enter the objections at large on its journals and proceed to reconsider it. If, after such reconsideration, two-thirds 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 recon- sidered, and, if approved by two-thirds of that house, it shall have the same effect as if it had been signed by the governor; 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 he returned by the Governor within five days (Sundays excepted) after it shall have been presented to him, it shall have the same force and effect, as if he had signed it unless the Legislature by their adjournment prevent its return, in which case it shall have such force and effect, unless returned within three 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. Effective November 20, 1973. *** MEND *** ARTICLE CXXIII Article 2, section 1 *** MSTART 219 001.0 002.0 0 ME 1819 1974 *** 1. Every citizen of the United States of the age of eighteen years and upwards, 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, unless barred by the provisions of the second paragraph of this section; 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, barracks, or military place, in any city, town at or plantation; nor shall the residence of a student at any seminary of learning entitle him 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 his residence by reason of his absence from the state in the military service of the United States or of this state. Effective November 21, 1974. According to the amendment notes contained in the recodification of 1973, "Durational residence requirements as were present in Section I of Article II were declared unconstitutional and thus such durational residence provisions are not now in force and were omitted." *** MEND *** ARTICLE CXXIV Article 5, part 1, section 8 *** MSTART 220 008.0 005.0 1 ME 1819 1974 *** 8. To nominate officers. He shall nominate, and, with the advice and consent of the Council, appoint all judicial officers (except judges of probate), coroners, and notaries public, except that he shall appoint justices of the peace and notaries public for an initial term only, and additional terms of these officers shall be by renewal of commission, as provided by law; and he shall also nominate, and with the advice and consent of the Council, appoint all other civil and military officers, whose appointment is not by this Constitution, or shall not by law be otherwise provided for, except the land agent; and every such nomination shall be made seven days, at least, prior to such appointment. Effective November 21, 1974. *** MEND *** *** MSTART 221 002.0 008.0 0 ME 1819 1974 *** ARTICLE CXXV Article 8, part 2, section 2 2. 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. Effective November 21, 1974. *** MEND *** ARTICLE CXXVI Article 4, part 1, section 2 *** MSTART 222 002.0 004.0 1 ME 1819 1975 *** 2. The House of Representatives shall consist of one hundred and fifty-one members, to be elected by the qualified electors, for one year from the day next preceding the annual meeting of the Legislature, and the amendment herein proposed, if adopted, shall determine the term of office of senators and representatives to be elected at the annual meeting in September, in the year eighteen hundred and eighty, as well as the term of senators and representatives thereafter to be elected. The Legislature which shall convene after the adoption of this amendment shall cause the multi-member districts of the House the of Representatives to he divided into districts for the choice of one Representative for each district, dividing contiguous districts the least number of times necessary to establish as nearly as practicable equally populated districts. The Legislature which convenes in 1983 and every tenth 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 median 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 within municipal boundaries. Any population remainder within the municipality shall be included in a district drawn to cross the municipal boundary provided that such population remainder of the municipality must be contiguous to another municipality or municipalities included in the district. Effective November 24, 1975. *** MEND *** *** MSTART 223 003.0 004.0 1 ME 1819 1975 *** 3. The apportionment plan of the commission established under Article IV, Part Third, Section 1-A shall be submitted to the Clerk of the House no later than ninety calendar days after the convening of the Legislature in which apportionment is required. The Legislature shall enact the submitted plan of the commission or a plan of its own by a Vote of two-thirds of the Members of each House within thirty calender days after the plan of the commission is submitted. Such action shall be subject to the Governor's approval as provided in Article IV, Part Third, Section 2. In the event that the Legislature shall fail to make an apportionment within one hundred and thirty calendar days after convening, the Supreme Judicial Court shall, within sixty 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 plans and briefs filed by the public with the court during the first thirty 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 apportionment 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. Effective November 24, 1975. Previous text of article 4, part 2, section 2 repealed and replaced with foregoing text. *** MEND *** *** MSTART 224 002.0 004.0 2 ME 1819 1975 *** 2. Division of the State into Senatorial Districts; division by Supreme Judicial Court, when. The Legislature which shall convene in 1983 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. The apportionment 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 ninety calendar days after the convening of the Legislature in which apportionment is required. The Legislature shall enact the submitted plan of the commission or a plan of its own by a vote of two-thirds of the Members of each House, within thirty calendar days after the plan of the commission is submitted. Such action shall be subject to the Governor's approval as provided in Article IV, Part Third, Section 2. In the event that the Legislature shall fail to make an apportionment within one hundred and thirty days after convening, the Supreme Judicial Court shall, within sixty 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 Court shall take into consideration plans and briefs filed by the public with the court during the first thirty 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 apportionment 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. Effective November 24, 1975. Previous article 4, part 2, section 2 repealed and replaced with the foregoing text. *** MEND *** *** MSTART 225 001.1 004.0 3 ME 1819 1975 *** 1-A. Legislature which is required to apportion to establish commission. A Legislature which is required to apportion the districts of the House of Representatives or the Senate, or both, under Article IV, Part First, Section 2, or Article IV, Part Second, Section 2, shall establish, within the first three 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 three members from the political party holding the largest number of seats in the House of Representatives, who shall be appointed by the Speaker; three 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 party in the House; two members of the party holding the largest number of seats in the Senate, who shall be appointed by the President of the Senate; two members of the political party 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 two major political parties in the State or their designated representatives; and three 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 two public members. The Speaker of the House shall be responsible for organizing the commission and shall be chairman pro tempore thereof until a permanent chairman is selected by the commission members from among their own number. No action shall be taken without a quorum of seven 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 compensation, as provided 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 appropriate sufficient funds to compensate public members, to provide staff assistance to the commission, to provide travel expenses for all members and to provide for incidental expenses of the commission as needed to carry out its duties under this Constitution. New. Added November 24, 1975. *** MEND *** ARTICLE CXXVH Article 4, part 3, section 17 *** MSTART 226 017.0 004.0 3 ME 1819 1975 *** 17. Proceedings for referendum; proclamation by Governor. Upon written petition of electors, the number of which shall not be less than ten percent of the total vote for Governor cast in the last gubernatorial 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 five o'clock, p.m., on the ninetieth day after the recess of the Legislature, or if such ninetieth day is a Saturday, a Sunday, or a legal holiday, by the hour of five o'clock, 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 part or parts 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 parts thereof as are specified in such petition shall not take effect until thirty 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 general or special election. The effect of any Act, bill, resolve or resolution or part or parts 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. 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 manner 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 general election not less than sixty days after such proclamation, or in case of no general election within six months there after the Governor may, and if so requested in said written petition therefor, shall order such measure submitted to the people at a special election not less than four nor more than six months after his proclamation thereof. If the Governor is requested in the written petition to order such measure to be submitted to the people at a special election and if he fails to do so in the public proclamation giving notice that the effect of an Act, bill, resolve or resolution or part or parts thereof has been suspended by petition, the Secretary of State shall, by proclamation, order such measure to be submitted to the people at a special election as requested, and such order shall be sufficient to enable the people to vote. Effective November 24, 1975. *** MEND *** Article 4, part 3, section 18 *** MSTART 227 018.0 004.0 3 ME 1819 1975 *** 18. Direct initiative of legislation; number signatures necessary on direct initiative petitions. The electors may propose to the Legislature for its consideration any bill, resolve or 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 five o'clock, p.m., on the fiftieth day after the date of convening of the Legislature in regular session. If the fiftieth day is a legal holiday, the period runs until the hour of five o'clock, p.m., of the next day. Any measure thus proposed by electors, the number of which shall not be less than ten percent of the total vote for Governor cast in the last gubernatorial election preceding the filing of such petition, 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 general election to be held not less than sixty days after the first vote thereon be submitted by itself if it receives more than one-third 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 accordance with the preceding section. The Legislature may order a special election on any measure that is subject to a vote of the people. The Governor may, and if so requested in the written petitions addressed to the Legislature, 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 a special election to be held not less than four nor more than six months after such proclamation, otherwise said measure shall be voted upon at the next general election held not less than sixty days after the recess of the Legislature, to which such measure was proposed. If the Governor is requested in the written petition to order a measure proposed the Legislature and not enacted without change to be submitted to the people at such a special election and if he fails to do so by proclamation within ten days after the 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 a special election as requested, and such order be sufficient to enable the people to vote. Effective November 24, 1975. *** MEND *** Article 4, part 3, section 20 *** MSTART 228 020.0 004.0 3 ME 1819 1975 *** 20. Meaning of words "electors", "people", "recess of Legislature", "general election", "measure", and "written petition". As used in any of the three 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; "general election" means the November election for choice of presidential electors, Governor and other state and county officers; "measure" means an Act, bill, resolve or resolution proposed by the people, or two or more such, or part or parts 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 his city, town or plantation 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 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 his presence and that to the best of his knowledge and belief each signature is the signature of the person whose name it purports to be, and accompanied by the certificate of the official authorized by law to maintain the voting list of the city, town or plantation in which the petitioners reside that their names appear on the voting list of his city, town or plantation 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. Written petitions for a referendum pursuant to Article IV, Part 3, Section 17 must be submitted to the appropriate officials of cities, towns or plantations for determination of whether the petitioners are qualified voters by the hour of five o'clock, p.m., on the fifth day before the petition must be filed in the office of the Secretary of State or, if such fifth day is a Saturday, a Sunday or a legal holiday by five o'clock, p.m., on the next day which is not a Saturday, a Sunday or a legal holiday. Written petitions for an initiative pursuant to Article IV, Part 3, Section 17 must be submitted to the appropriate officials of cities, towns or plantations for determination of whether the petitioners are qualified voters by the hour of five o'clock, p.m., on the third day before the petition must be filed in the office of the Secretary of State, or, if such third day is a legal holiday, by five o'clock, p.m., on the next day which is not a legal holiday. Such officials must complete the certification of such petitions and must return them to the circulators or their agents within two days, Saturdays, Sundays and legal holidays excepted, of the date on which such petitions were submitted to them. The petition shall set forth the full text of the measure requested or proposed. Petition forms shall be furnished or approved by the Secretary of State upon written application signed in the office of the Secretary of State by a resident of this State whose name must appear on the voting list of his city, town or plantation 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 or questions concisely and intelligibly. Effective November 24, 1975. *** MEND *** Article 4, part 3, section 22 *** MSTART 229 022.0 004.0 3 ME 1819 1975 *** 22. Election officers and officials, how governed. Until the Legislature shall enact further 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 for judicial review of any determination, to be completed within one hundred days from the date of filing of a written petition in the office of the Secretary of State.' Effective November 24, 1975. *** MEND *** ARTICLE CXXVIII Article 5, part 1, section 5 *** MSTART 230 005.0 005.0 1 ME 1819 1975 *** 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. Effective November 24, 1975. *** MEND *** Article 5, part 1, section 14 *** MSTART 231 014.0 005.0 1 ME 1819 1975 *** 14. Whenever the office of Governor shall become vacant because of the death, resignation or removal of a Governor in office, or any other cause, the President of the Senate shall assume the office of Governor until another Governor shall be duly qualified. Whenever for six months a Governor in office shall have been continuously unable to discharge the powers and duties of his 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 two thirds of the Senators and Representatives in convention, and upon notice, hearing before the court and a decision by a majority of the court that ground exists for declaring the office to be vacant. Effective November 24, 1975. *** MEND *** Article 5, part 1, section 15 *** MSTART 232 015.0 005.0 1 ME 1819 1975 *** 15. Inability of the Governor to discharge the powers and duties of his office. Whenever the Governor is unable to discharge the powers and duties of his 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 his office, or until the office of the 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 his office, he 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, 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 such time as the Governor shall certify to the Chief Justice that he 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 his office, he may so certify to the Supreme Judicial Court, declaring his reasons 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 his office, 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 he shall exercise the functions, powers and duties of the office of Governor until such time as the Secretary of State or the Governor shall certify to the court that the Governor is able to discharge the duties of his office 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 his office and so notifies the officer who is exercising the powers and duties of the office of Governor. Whenever either the President of the Senate or Speaker of the House of Representatives shall exercise the office of Governor, he shall receive only the compensation of Governor, but his duties as President or Speaker shall be suspended; and the Senate or House shall fill the vacancy resulting from such suspension, until he shall cease to exercise the office of Governor. Effective November 24,1975 *** MEND *** ARTICLE CXXIX Article 4, part 1, section 5 *** MSTART 233 005.0 004.0 1 ME 1819 1975 *** 5. The meetings within this state for the choice of representatives shall be warned in due course of law by the selectmen of the several towns seven days at least before the election, and the selectmen thereof shall preside impartially at such meetings, receive the votes of all the qualified electors, sort, count and declare them in open town meeting, and in the presence of the town clerk, who shall form a list of the persons voted for, with the number of votes for each person against his name, shall make a fair record thereof in the presence of the selectmen and in open town meeting. And the towns and plantations organized by law, belonging to any class herein provided, shall hold their meetings at the same time in the respective towns and plantations; and the town and plantation meetings in such towns and plantations shall be notified, held and regulated, the votes received, sorted, counted and declared in the same manner. And the assessors and clerks of plantations shall have all the powers, and be subject to all the duties, which selectmen and town clerks have, and are subject to by this constitution. And fair copies of the lists of voles shall be attested by the selectmen and town clerks of towns, and the assessors of plantations, and sealed up in open town and plantation meetings; and the town and plantation clerks respectively shall cause the same to be delivered into the secretary's office thirty days at least before the first Wednesday of January biennially. The Governor shall examine the returned copies of such lists and twenty days before the first Wednesday of January 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. But all such lists shall be laid before the house of representatives on the first Wednesday of January biennially, and they shall finally determine who are elected. The electors resident in any city may, at any meeting duly notified for the choice of representatives, vote for such representatives in their respective ward meetings, and the wardens in said wards shall preside impartially at such meetings, receive the votes of all qualified electors, sort, count and declare them in open ward meetings, and in the presence of the ward clerk, who shall form a list of the persons voted for,.with the number of votes for each person against his name, shall make a fair record thereof in the presence of the warden, and in open ward meetings; and a fair copy of this list shall be attested by the warden and ward clerk, sealed up in open ward meeting, and delivered to the city clerk within twenty-four hours after the close of the polls. And the electors resident in any city may at any meetings duly notified and holden for the choice of any other civil officers for whom they have been required heretofore to vote in town meeting, vote for such officers in their respective wards, and the same proceedings shall be had by the warden and ward clerk in each ward, as in the case of votes for representatives. And the aldermen of any city shall be in session within twenty-four hours after the close of the polls in such meetings and in the presence of the city clerk shall open, examine and compare the copies from the lists of votes given in the several wards, of which the city clerk shall make a record, and return thereof shall be made into the secretary of state's office in the same manner as selectmen of towns are required to do. Effective November 24, 1975. *** MEND *** Article 4, part 2, section 4 *** MSTART 234 004.0 004.0 2 ME 1819 1975 *** 4. Examination of lists; summons to persons who appear to be elected. The Governor shall, as soon as may be, examine the copies of such lists, and at least twenty days before the said first Wednesday of January, issue a 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. Effective November 24, 1975. *** MEND *** *** MSTART 235 010.0 004.0 3 ME 1819 1975 *** 10. Members not to be appointed to certain offices. No Senator or Representative shall, during the term for which he 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. Effective November 24, 1975. *** MEND *** *** MSTART 236 008.0 005.0 1 ME 1819 1975 *** Text of Article 5, part 1, section 8 repealed and replaced with the following: 8. To appoint officers. He shall nominate, and, subject to confirmation as provided herein, appoint all judicial officers except judges of probate and justices of the peace, and all other civil and military officers whose appointment is not by this Constitution, or shall not by law be otherwise provided for. 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 be come final action of confirmation or denial unless the Senate by vote of two thirds of those members present and voting overrides the committee recommendation. The Senate vote shall be by the yeas and nays. All statutes enacted to carry out the purposes of this section shall require the affirmative vote of two-thirds of the members of each House present and voting. 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. He shall nominate and appoint justices of the peace for an initial and appoint justices of the peace for an initial term only, and addition terms of these officers shall be by renewal of commission, as provided by law. Every nomination by the Governor shall be made seven days at least prior to appointment of the nominee. Effective November 24, 1975. Previous text of article 5, part 1, section 8 repealed and replaced by the foregoing text. *** MEND *** Article 5, part 1, section 11 *** MSTART 237 011.0 005.0 1 ME 1819 1975 *** 11. He shall have power to remit after conviction all forfeitures and penalties, and 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. And he shall communicate to the legislature at each session thereof, each case of reprieve, remission of penalty, commutation or pardon granted stat- ing the name of the convict, the crime of which he was convicted, the sentence and its date, the date of the reprieve, remission, commutation, or pardon, and the conditions, if any, upon which the same was granted. Effective November 24, 1975. *** MEND *** *** MSTART 238 001.0 005.0 2 ME 1819 1975 *** Article 5, part 2, section 1 repealed November 24, 1975. *** MEND *** *** MSTART 239 002.0 005.0 2 ME 1819 1975 *** Article 5, part 2, section 2 repealed November 24, 1975. *** MEND *** *** MSTART 240 003.0 005.0 2 ME 1819 1975 *** Article 5, part 2, section 3 repealed November 24, 1975. *** MEND *** *** MSTART 250 004.0 005.0 2 ME 1819 1975 *** Article 5, part 2, section 4 repealed November 24, 1975. *** MEND *** *** MSTART 251 003.0 005.0 3 ME 1819 1975 *** 3. He shall attend the Governor, Senate and House of Representatives, in person or by his deputies as they shall respectively require. Effective November 24, 1975. *** MEND *** Article 5, part 3, section 4 *** MSTART 252 004.0 005.0 3 ME 1819 1975 *** 4. Records of executive and legislative departments. He 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 enjoined by this Constitution, or shall be required by law. Effective November 24, 1975. *** MEND *** The last sentence of the first paragraph of Section 6 of Article VI of the Constitution is amended to read: *** MSTART 253 007.0 006.0 0 ME 1819 1975 *** 7. 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 second Monday of September, shall hold their offices for four years, commencing on the first day of January next after their election. Vacancies occurring in said offices by death, resignation or other wise, 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.' Effective November 24, 1975. [Sources used for this amendment do not agree with each other. According to an amendment schedule published by the state in 1983, this is the text of article 6, section 6. However, according to amendments published by the state in 1975, this is the text of article 6, section 7, which is correct.] *** MEND *** *** MSTART 254 001.0 009.0 0 ME 1819 1975 *** 1. 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 he enter on the discharge of the duties of his place or office, take and subscribe the following oath or affirmation: "I, ________________, 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." "I ____________, do swear that I will faithfully discharge, to the best of my abilities, the duties incumbent on me as ___________________, according to the constitution and the laws of the State: So help me God." Provided, That an affirmation in the above forms may be substituted, when the persons shall be conscientiously scrupulous of taking and subscribing an oath. 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 to be 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 his absence, 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. Effective November 24, 1975. *** MEND *** Section 4 of Article IX of the Constitution is amended to read: *** MSTART 255 004.0 009.0 0 ME 1819 1975 *** 4. Elections on the first Wednesday of January may be adjourned from day to day. And in case the elections, required by this Constitution on the first Wednesday of January biennially, by the two Houses of the Legislature, shall not be completed on that day, the same may be adjourned from day to day, until completed. Effective November 24, 1975 *** MEND *** *** MSTART 256 005.0 009.0 0 ME 1819 1975 *** The first sentence of Section 5 of Article IX of the Constitution is amended to read: 5. 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 the office, that he may be admitted to a hearing in his defense. *** MEND *** *** MSTART 257 006.0 009.0 0 ME 1819 1975 *** 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. Effective November 24, 1975. *** MEND *** *** MSTART 258 010.0 009.0 0 ME 1819 1975 *** 10. Sheriffs shall be elected by the people of their respective counties, by a plurality of the votes given in on the second Monday of September, and shall hold their office for two years from the first day of January next after their election, unless sooner removed as hereinafter provided. Whenever the Governor upon complaint, due notice and hearing shall find that a sheriff is not faithfully or efficiently performing any duty imposed upon him by law, the Governor may remove such sheriff from office and appoint another sheriff in his place for the remainder 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. Effective November 24, 1975. *** MEND *** Article 9, section 11 *** MSTART 259 011.0 009.0 0 ME 1819 1975 *** 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. Effective November 24, 1975. *** MEND *** ARTICLE CXXX Article 4, part 1, section 2 *** MSTART 260 002.0 004.0 1 ME 1819 1975 *** 2. The House of Representatives shall consist of one hundred and fifty-one members, to be elected by the qualified electors, and hold their office two years from the day next preceding the first Wednesday after the first Tuesday in January following the general election. The Legislature which shall convene after the adoption of this amendment shall cause the multi-member districts of the House the of Representatives to he divided into districts for the choice of one Representative for each district, dividing contiguous districts the least number of times necessary to establish as nearly as practicable equally populated districts. The Legislature which convenes in 1983 and every tenth 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 median 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 within municipal boundaries. Any population remainder within the municipality shall be included in a district drawn to cross the municipal boundary provided that such population remainder of the municipality must be contiguous to another municipality or municipalities included in the district. Effective November 24, 1975. *** MEND *** The fourth and fifth sentences of Section 5 of Part First of Article IV of the Constitution are amended to read: *** MSTART 261 005.0 004.0 1 ME 1819 1975 *** 5. The meetings within this state for the choice of representatives shall be warned in due course of law by the selectmen of the several towns seven days at least before the election, and the selectmen thereof shall preside impartially at such meetings, receive the votes of all the qualified electors, sort, count and declare them in open town meeting, and in the presence of the town clerk, who shall form a list of the persons voted for, with the number of votes for each person against his name, shall make a fair record thereof in the presence of the selectmen and in open town meeting. And the towns and plantations organized by law, belonging to any class herein provided, shall hold their meetings at the same time in the respective towns and plantations; and the town and plantation meetings in such towns and plantations shall be notified, held and regulated, the votes received, sorted, counted and declared in the same manner. And the assessors and clerks of plantations shall have all the powers, and be subject to all the duties, which selectmen and town clerks have, and are subject to by this constitution. The Governor and Council shall examine the returned copies of such lists and twenty days before the first Wednesday after the first Tuesday of January 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 after the first Tuesday of January biennially, and they shall finally determine who are elected. But all such lists shall be laid before the house of representatives on the first Wednesday of January biennially, and they shall finally determine who are elected. The electors resident in any city may, at any meeting duly notified for the choice of representatives, vote for such representatives in their respective ward meetings, and the wardens in said wards shall preside impartially at such meetings, receive the votes of all qualified electors, sort, count and declare them in open ward meetings, and in the presence of the ward clerk, who shall form a list of the persons voted for,.with the number of votes for each person against his name, shall make a fair record thereof in the presence of the warden, and in open ward meetings; and a fair copy of this list shall be attested by the warden and ward clerk, sealed up in open ward meeting, and delivered to the city clerk within twenty-four hours after the close of the polls. And the electors resident in any city may at any meetings duly notified and holden for the choice of any other civil officers for whom they have been required heretofore to vote in town meeting, vote for such officers in their respective wards, and the same proceedings shall be had by the warden and ward clerk in each ward, as in the case of votes for representatives. And the aldermen of any city shall be in session within twenty-four hours after the close of the polls in such meetings and in the presence of the city clerk shall open, examine and compare the copies from the lists of votes given in the several wards, of which the city clerk shall make a record, and return thereof shall be made into the secretary of state's office in the same manner as selectmen of towns are required to do. November 24, 1975. *** MEND *** Article 4, part 2, section 4 *** MSTART 262 004.0 004.0 2 ME 1819 1975 *** 4. Examination of lists; summons to persons who appear to be elected. The Governor and Council shall, as soon as may be, to examine the copies of such lists, and at least twenty days before the said first Wednesday after the first Tuesday of January, issue a summons to such persons, as shall appear to he elected by a plurality of the votes in each senatorial district, to attend that day and take their seats. Effective November 24, 1975. *** MEND *** *** MSTART 263 005.0 004.0 2 ME 1819 1975 *** 5. The Senate shall, on said first Wednesday after the first Tuesday of January, biennially determine who is elected by a plurality of votes to be Senator in each district. The governor shall issue his proclamation therfor and therein fix the time of such election. Effective November 24, 1975. *** MEND *** *** MSTART 264 001.0 004.0 3 ME 1819 1975 *** 1. To meet annually; power of the Legislature to convene itself at other times. The Legislature shall convene on the first Wednesday after the first Tuesday of January following the general election in what shall be designated the first regular session of the Legislature; and shall further convene on the first Wednesday after the first Tuesday in the subsequent year in what shall at 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 report 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 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 party, all 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. *** MEND *** *** MSTART 265 016.0 004.0 3 ME 1819 1975 *** 16. 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 ninety days after the recess of the session of the Legislature in which it was passed, unless in case of emergency, which with the facts constituting the emergency shall be expressed in the preamble of the Act, the Legislature shall, by a vote of two-thirds 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 (1) 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 five years of real estate. Effective November 24, 1975. *** MEND *** *** MSTART 266 002.0 005.0 1 ME 1819 1975 *** 2. The Governor shall be elected by the qualified electors, and shall hold his office for four years from the first Wednesday after the first Tuesday of January next following the election and until his successor has been duly elected and qualified. Effective November 24, 1975. *** MEND *** The third sentence of Section 3 of Part First of Article V of the Constitution is amended to read: *** MSTART 267 003.0 005.0 1 ME 1819 1975 *** 3. The meetings for election of governor shall be notified, held, and regulated, and votes shall be received, sorted, counted, declared, and recorded in the same manner as those for senators and representatives. They shall be sealed and returned into the secretary's office in the same manner and at the same time as those for senators. And the secretary of state for the time being shall, on the first Wednesday of January then next lay the lists before the senate and house of representatives, and also the lists of votes of citizens in the military service, returned into the secretary's office, to be by them examined, and, in case of a choice by a plurality of all the votes returned, they shall declare and publish the same. 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. Effective November 24, 1975. *** MEND *** Section 13 of Part First of Article V of the Constitution is amended to read: *** MSTART 268 013.0 005.0 1 ME 1819 1975 *** 13. Convene the Legislature on extraordinary occasions, and adjourn it in case of disagreement; may change the place of meeting. He may, on extraordinary occasions, convene the Legislature; and in case of disagreement between the two Houses with respect to the time of adjournment, adjourn them to such time, as he 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. Effective November 24, 1975. *** MEND *** The second sentence of Section 14 of Part First of Article V of the Constitution is amended to read: *** MSTART 269 014.0 005.0 1 ME 1819 1975 *** 14. Whenever the office of Governor shall become vacant because of the death, resignation or removal of a Governor in office, or any other cause, the President of the Senate shall assume the office of Governor until another Governor shall be duly qualified. When the vacancy occurs more than ninety 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 Governor until the firstWednesday after the first Tuesday of January following the biennial election. 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 two thirds of the Senators and Representatives in convention, and upon notice, hearing before the court and a decision by a majority of the court that ground exists for declaring the office to be vacant. Effective November 24, 1975. *** MEND *** *** MSTART 270 002.0 005.0 2 ME 1819 1975 *** 2. Election; interim appointment and oath on vacancy; privilege from arrest. The Councillors shall be chosen biennially, on the first Wednesday after the first Tuesday of January, by joint ballot of the Senators and Representatives in convention; and vacancies, which shall afterwards happen, shall be filled in the following manner: The Governor with the advice and consent of the Council shall appoint within thirty days from said vacancy a Councillor from the same district in which the vacancy occurred, and the oath of office shall be administered by the Governor; said Councillor shall hold office until the next Council is chosen; but not more than one Councillor shall be elected or appointed from any district prescribed for the election of Senators; they shall be privileged from arrest in the same manner as Senators and Representatives. Effective November 24, 1975. *** MEND *** *** MSTART 271 004.0 009.0 0 ME 1819 1975 *** 4. Elections on the first Wednesday after the first Tuesday of January may be adjourned from day to day. And in case the elections, required by this Constitution on the first Wednesday after the first Tuesday of January biennially, by the two Houses of the Legislature, shall not be completed on that day, the same may be adjourned from day to day, until completed, in the following order: The vacancies in the Senate shall first be filled; the Governor shall then be elected, if there be no choice by the people; and afterwards the two Houses shall elect a Council. Effective November 24, 1975. *** MEND *** *** MSTART 272 002.0 004.0 3 ME 1819 1976 *** 2. Every bill or resolution, having the force of law, to which the concurrence of both houses may be necessary, except on a question of adjournment, which shall have passed both houses, shall be presented to the governor, and, if he approve, he shall sign it; if not, he shall return it, with his objections, to the house in which it shall have originated, which shall enter the objections at large on its journals and proceed to reconsider it. If, after such reconsideration, two-thirds 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 recon- sidered, and, if approved by two-thirds of that house, it shall have the same effect as if it had been signed by the governor; 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 ten days (Sundays excepted) after it shall have been presented to him, it shall have the same force and effect, as if he had signed it unless the Legislature by their adjournment prevent its return, in which case it shall have such force and effect, unless returned within three 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. Effective November 16, 1976. *** MEND *** *** MSTART 273 004.0 004.0 0 ME 1819 1976 *** 4. Tenure of judicial officers. All judicial officers shall hold their offices for the term of seven 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, and provided further that justices of the peace may be removed from office in such manner 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 six months or until his successor is appointed, whichever occurs first in time. Effective November 16, 1976. *** MEND *** *** MSTART 274 014.3 009.0 0 ME 1819 1976 *** 14-C. Authority to insure, appropriate moneys and issue bonds for the payment of 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 ten million dollars 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. Effective November 16, 1976. *** MEND *** *** MSTART 275 014.5 009.0 0 ME 1819 1976 *** 14-E. Authority to insure Maine veterans' mortgage loans up to 80%, 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 up to eighty percent of any mortgage loan to resident Maine veterans of the Armed Forces of the United States, 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 four million dollars 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. Effective November 16, 1976 *** MEND *** *** MSTART 276 005.0 005.0 4 ME 1819 1976 *** 5. Bonding regulations. The Legislature shall enact general law prohibiting the use of proceeds from the sale of bonds to fund current expenditures and shall provide 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 apart. The Treasurer of State may be required to set apart 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. New. Effective November 16, 1976 *** MEND *** *** MSTART 277 005.0 007.0 0 ME 1812 1978 *** 5. Persons of the denominations of Quakers and Shakers, 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 oft the militia who have been honorably discharged, shall be so exempted. Effective December 7, 1978. *** MEND *** *** MSTART 278 007.0 009.0 0 ME 1812 1978 *** 7. While the public expenses shall be assessed on estates, a general valuation shall be taken at least once in ten years. Effective December 7, 1978. *** MEND *** *** MSTART 279 014.1 009.0 0 ME 1819 1978 *** 14-A. 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 recreational enterprises not exceeding in the aggregate $90,000,000 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. For the purposes of this section, a documented fishing vessel or a vessel registered under state law shall be construed as real estate. Effective December 21, 1978. *** MEND *** *** MSTART 280 014.2 009.0 0 ME 1819 1978 *** 14-B. 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. Effective December 21, 1978. *** MEND *** *** MSTART 281 002.0 004.0 1 ME 1819 1978 *** 2. The House of Representatives shall consist of 151 members, to be elected by the qualified electors, and hold their office two years from the day next preceding the first Wednesday in December following the general election. The Legislature which convenes in 1983 and every tenth 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 median 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 within municipal boundaries. Any population remainder within the municipality shall be included in a district drawn to cross the municipal boundary, provided that such population remainder of the municipality must be contiguous to another municipality or municipalities included in the district. Effective December 21, 1978. *** MEND *** *** MSTART 282 005.0 004.0 1 ME 1819 1978 *** 5. 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 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 his 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. December 21, 1978. *** MEND *** *** MSTART 283 002.0 004.0 2 ME 1819 1978 *** 2. The Legislature which shall convene in the year 1983 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. The apportionment 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 90 calendar days after the convening of the Legislature in which apportionment is required. The Legislature shall enact the submitted plan of the commission or a plan of its own by a vote of two thirds of the members of each House, within 30 calendar days after the plan of the commission is submitted. Such action shall be subject to the Governor's approval as provided in Article IV, Part Third, Section 2. In the event that the Legislature shall fail to make an apportionment within 130 days after convening, 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 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. The Supreme Judicial Court shall have original jurisdiction to hear any challenge to an apportionment 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. Effective December 21, 1978. *** MEND *** *** MSTART 284 003.0 004.0 2 ME 1819 1978 *** 3. 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. Effective December 21, 1978. *** MEND *** *** MSTART 285 004.0 004.0 2 ME 1819 1978 *** 4. The Governor shall, 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 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. Effective December 21, 1978. *** MEND *** *** MSTART 286 005.0 004.0 2 ME 1819 1978 *** 5. 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 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. Effective December 21, 1978. *** MEND *** *** MSTART 287 001.0 004.0 3 ME 1819 1978 *** 1. The Legislature shall convene on the first Wednesday of December following the general election in what shall be designated the first regular session of the Legislature; and shall further convene on the first Wednesday 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 report 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 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 party, all 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. Effective December 21, 1978. *** MEND *** *** MSTART 288 023.0 004.0 3 ME 1819 1978 *** 23. The Legislature shall annually reimburse each municipality from state tax sources for 50% of the property tax revenue loss suffered by that municipality during the previous calendar year because of 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. New. Effective January 1, 1978. *** MEND *** *** MSTART 289 008.0 009.0 0 ME 1819 1978 *** 8. 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. 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. The Legislature shall have power to provide for the assessment of the following types of real estate wherever situated in accordance with a valuation based 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; and C. Lands used for game management or wildlife sanctuaries. In implementing paragraphs A, B, and C, the Legislature shall provide that any change of use higher than those set forth in paragraphs A, B, and C, 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. 3. 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 property in accordance with any cost-sharing formula which it may authorize. Effective December 7, 1978. *** MEND *** *** MSTART 290 002.0 004.0 2 ME 1819 1980 *** 2. The Legislature which shall convene in the year 1983 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. The apportionment 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 90 calendar days after the convening of the Legislature in which apportionment is required. The Legislature shall enact the submitted plan of the commission or a plan of its own by a vote of two thirds of the members of each House, within 30 calendar days after the plan of the commission is submitted. Such action shall be subject to the Governor's approval as provided in Article IV, Part Third, Section 2. In the event that the Legislature shall fail to make an apportionment within 130 days after convening, 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 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. The Supreme Judicial Court shall have original jurisdiction to hear any challenge to an apportionment 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. Effective November 25, 1980. *** MEND *** *** MSTART 291 017.0 004.0 3 ME 1819 1980 *** 17. Proceedings for people's veto. 1. Petition procedure. Upon written petition of electors, the number of which shall not be less than l0% of the total vote for Governor cast in the last gubernatorial 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 part or parts 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 parts 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 election. 2. Effect of referendum. The effect of any Act, bill, resolve or resolution or part or parts 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. 3. Referral to electors. 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 manner 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 election not less than 60 days after such proclamation, or in case of no statewide election within 6 months thereafter the Governor may order such measure submitted to the people at a special election not less than 60 days nor more than 6 months after his proclamation thereof, If the Governor fails to order such measure to be submitted to the people at the next statewide 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. Effective November 25, 1980. *** MEND *** *** MSTART 292 020.0 004.0 3 ME 1819 1980 *** 20. As used in any of the three 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 part or parts 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 his city, town or plantation 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 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 his presence and that to the best of his knowledge and belief each signature is the signature of the person whose name it purports to be, and accompanied by the certificate of the official authorized by law to maintain the voting list of the city, town or plantation in which the petitioners reside that their names appear on the voting list of his city, town or plantation 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. Written petitions for a people's veto pursuant to Article IV, Part Third, Section 17 must be submitted to the appropriate officials of cities, towns or plantations for determination of whether the petitioners are qualified voters by the hour of 5:00 p.m., on the 5th day before the petitions must be filed in the office of the Secretary of State, or, if such 5th 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. 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 for determination of whether the petitioners are qualified voters by the hour of 5:00p.m., on the 3rd day before the petition must be filed in the office of the Secretary of State, or, if such 3rd day is a legal holiday, by 5:00 p.m., on the next day which is not a legal holiday. Such officials must complete the certification of such petitions and must return them to the circulators or their agents within 2 days, Saturdays, Sunday and legal holidays excepted, of the date on which such petitions were submitted to them. The petition shall set forth the full text of the measure requested or proposed. Petition forms shall be furnished or approved by the Secretary of State upon written application signed in the office of the Secretary of State by a resident of this State whose name must appear on the voting list of his city, town or plantation 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 or questions concisely and intelligibly. Effective November 25, 1980. *** MEND *** *** MSTART 293 005.0 008.0 1 ME 1819 1980 *** 8. He shall nominate, and, subject to 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 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. 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 two thirds of those members present and voting overrides the committee recommendation. The Senate vote shall be by the yeas and nays. All statutes enacted to carry out the purposes of the second paragraph of this section shall require the affirmative vote of two thirds of the members of each House present and voting. 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. Every nomination by the Governor shall be made 7 days at least prior to appointment of the nominee. Effective November 25, 1980. *** MEND *** *** MSTART 294 014.0 009.0 0 ME 1819 1982 *** 14. 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, 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 excepting also that whenever two thirds 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 no bonds have been issued within 5 years of the date of ratification, then no bonds may be issued after that date. The Legislature may, within 2 years after the expiration of that 5-year period, extend 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 bonds may be issued. 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, or greater than 10% of the total valuation of the State of Maine, whichever is the lesser. Effective November 22, 1982. *** MEND *** *** MSTART 295 004.0 006.0 0 ME 1819 1980 *** 4. All 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, provided further that justices of the peace may be removed from office in such manner 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 his successor is appointed, whichever occurs first in time. Effective November 25, 1980. *** MEND *** *** MSTART 296 018.0 004.0 3 ME 1819 1981 *** 18. Direct initiative of legislation. 1. Petition procedure. The electors may propose to the Legislature for its consideration any bill, resolve or 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. If the 50th or 25th day, whichever applies, is 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, or legal holiday. 2. Referral to electors unless enacted by the Legislature without change. For any measure thus proposed by electors, the number of signatures shall not be less than 10% of the total vote for Governor 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, and no signature older than one year from the written date on the petition shall be valid. 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 one third 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 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. 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 Governor 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 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. Effective November 23, 1981. *** MEND *** *** MSTART 297 004.0 004.0 1 ME 1819 1981 *** 4. No person shall be a member of the House of Representatives unless he shall, at the commencement of the period for which he is elected, have been 5 years a citizen of the United States, have arrived at the age of 21 years, have been a residence in this State one year; and for the 3 months next preceding the time of his election shall have been, and, during the period for which he is elected, shall continue to be a resident in the district which he represents. Effective November 23, 1981. *** MEND *** *** MSTART 298 014.02 009.0 0 ME 1819 1981 *** 14-B. 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 authorized 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. Effective November 23, 1981. *** MEND *** *** MSTART 299 002.0 008.0 1 ME 1819 1982 *** 2. For the purpose of 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 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. Effective November 22, 1982. *** MEND *** *** MSTART 300 023.0 004.0 3 ME 1819 1984 *** 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 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. Effective January 1, 1984. *** MEND *** *** MSTART 301 008.0 009.0 0 ME 1819 1984 *** 1. 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. 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 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; and C. Lands used for game management or wildlife sanctuaries. In implementing paragraphs A, B and C, the Legislature shall provide that any change of use higher than those set forth in paragraphs A, B and C. 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. 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 property in accordance with any cost-sharing formula which it may authorize. Effective January 1, 1984. Sub-section 2 of Section 8 of Article IX was repealed and replaced by this amendment. *** MEND *** *** MSTART 302 014.0 009.0 0 ME 1819 1984 *** 14. The credit of the State shall not be directly or indirectly loaned in any case, except as provided in sections 14-A, 14-C, 14-D and 14-E-. The Legislature shall not create any debt or debts, 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 excepting also that whenever two thirds 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 an 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 to be ratified. For any bond authorization requiring ratification of the electors pursuant to this section, if any bonds have not been issued within five years of the date of ratification, then those bonds may not be issued after that date. Within two years after expiration of that five-year period, the Legislature may extend, by a majority vote, the five-year period for an additional five years or way deauthorize the bonds. If the Legislature fails to take action within those two 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 five-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, for an additional five-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 ten percent 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, or greater than one percent of the total valuation of the State of Maine, whichever is the lesser. [The amendment to this section was approved subsequent to Recodification of 1983 but did not reflect the renumbered references. These references when next recodified by the state should read 14-A, 14-B, 14-C, and 14-D.] Effective November 26, 1984. *** MEND *** *** MSTART 303 020.0 009.0 0 ME 1819 1984 *** 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 two-thirds vote of all the members elected to each House of the Legislature and by the Governor. Effective January 1, 1984. *** MEND *** *** MSTART 304 014.4 009.0 0 ME 1819 1985 *** 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 my determine to make payments insured as aforesaid. Effective January 1, 1985. *** MEND *** *** MSTART 305 008.0 009.0 0 ME 1819 1984 *** 1. 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. 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 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; and C. Lands used for game management or wildlife sanctuaries. In implementing paragraphs A, B and C, the Legislature shall provide that any change of use higher than those set forth in paragraphs A, B and C. 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. 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 property in accordance with any cost-sharing formula which it may authorize. 4. Beginning with the property tax year 1984, all watercraft as defined by the Legislature shall be exempt from taxation as personal property, provided that certain watercraft as defined by the Legislature shall be subject to an excise tax to be collected and retained by the municipalities. Effective November 6, 1984. Subsection 4 is a new addition to the section. *** MEND *** ARTICLE CLIV Section 10 of Article IX of the Constitution is amended to read: *** MSTART 306 010.0 009.0 0 ME 1819 1985 *** 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 Wednesday 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. Whenever the Governor upon complaint, due notice and hearing shall find that a sheriff is not faithfully or efficiently performing any duty imposed upon him by law, the Governor may remove such sheriff from office and reappoint another sheriff in his place for the reminder 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. Effective November 27, 1985. *** MEND *** ARTICLE CLV Section 2 of Part 1 of Article IV of the Constitution is amended to read: *** MSTART 307 002.0 004.0 1 ME 1819 1986 *** 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 dry next preceding the first Wednesday in December following the general election. The Legislature which convenes in 1983 and every 10th year there after 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 within municipal boundaries. Any population remainder within the municipality shall be included in a district with contiguous territory and shall be kept intact. Effective November 25, 1986. *** MEND *** *** MSTART 308 003.0 004.0 1 ME 1819 1986 *** 3. The apportionment plan of the commission established under Article IV, Part Third, Section I-A shall be submitted to the Clerk of the House no later than 120 calendar days after the convening of the Legislature in which apportionment 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 two thirds of the Members of each House within 30 calendar days after the plan of the commission is submitted. Such action shall be subject to the Governor's approval as provided in Article IV Part Third, Section 2.The Legislature shall enact the submitted plan of the commission or a plan of its own by a Vote of two-thirds of the Members of each House within thirty calender days after the plan of the commission is submitted. Such action shall be subject to the Governor's approval as provided in Article IV, Part Third, Section 2. In the event that the Legislature shall fail to make an apportionment within one hundred and thirty calendar days after convening, the Supreme Judicial Court shall, within sixty 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 plans and briefs filed by the public with the court during the first thirty 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 apportionment 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. Effective November 25, 1986. *** MEND *** *** MSTART 309 002.0 004.0 2 ME 1819 1986 *** 2. Division of the State into Senatorial Districts; division by Supreme Judicial Court, when. The Legislature which shall convene in 1983 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. The apportionment 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 120 calendar days after the convening of the Legislature in which apportionment 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 two thirds of the Members of each House, within 30 calendar days after the plan of the commission is submitted. Such action shall be subject to the Governor's approval as provided in Article IV, Part Third, Section 2. In the event that the Legislature shall fail to make an apportionment within one hundred and thirty days after convening, the Supreme Judicial Court shall, within sixty 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 Court shall take into consideration plans and briefs filed by the public with the court during the first thirty 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 apportionment 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. Effective November 25, 1986. *** MEND *** *** MSTART 310 001.1 004.0 3 ME 1819 1986 *** 1-A. Legislature which is required to apportion to establish commission. A Legislature which is required to apportion the districts of the House of Representatives or the Senate, or both, under Article IV, Part First, Section 2, or Article IV, Part Second, Section 2, shall establish, within the first three 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 three members from the political party holding the largest number of seats in the House of Representatives, who shall be appointed by the Speaker; three 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 party in the House; two members of the party holding the largest number of seats in the Senate, who shall be appointed by the President of the Senate; two members of the political party 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 two major political parties in the State or their designated representatives; and three 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 two public members. The Speaker of the House shall be responsible for organizing the commission and shall be chairman pro tempore thereof until a permanent chairman is selected by the commission members from among their own number. No action my 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 them that is paid to Legislator's for every day's attendance at special sessions of the Legislature 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 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 chairman of the commission and his 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. Effective November 25, 1986. *** MEND *** *** MSTART 311 004.0 004.0 1 ME 1819 1986 *** 4. No person shall be a member of the House of Representatives, unless he shall, at the commencement of the period for which he 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 his election shall have been, and, during the period for which he is elected, shall continue to be a resident in the district which he represents. No person may be a candidate for election as a member of the House of Representatives unless, at the time of the nomination for placement on the primary, general or special election ballot, that person is a resident in the district which he seeks to represent. Effective November 25, 1987 *** MEND *** *** MSTART 312 000.0 9001.0 0 ME 1819 1988 *** We the people of the State 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 hearts 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. Effective November 28, 1988. *** MEND *** *** MSTART 313 001.0 001.0 0 ME 1819 1988 *** 1. All people are born equally free and independent, and have certain inherent and unalienable rights, among which are those of enjoying and defending liberty, acquiring, possessing and protecting property, and of pursuing and obtaining happiness. Effective November 28, 1988. *** MEND *** *** MSTART 314 003.0 001.0 0 ME 1819 1988 *** 3. 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 [sic] 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. Effective November 28, 1988. *** MEND *** *** MSTART 315 006.0 001.0 0 ME 1819 1988 *** 6. In all criminal prosecutions, the accused shall have a right to be heard by the accused and counsel to the accused; To demand the nature and cause of the accusation, and have a copy thereof; To be confronted by the witnesses 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, liberty, property or privi8leges, but by judgment of that person's peers or the law of the land. Effective November 28, 1988. *** MEND *** *** MSTART 316 006.1 001.0 0 ME 1819 1988 *** 6A. 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. Effective November 28, 1988. *** MEND *** *** MSTART 317 019.0 001.0 0 ME 1819 1988 *** 19. Every person, for a 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. Effective November 28, 1988. *** MEND *** *** MSTART 318 020.0 001.0 0 ME 1819 1988 *** 20. In all civil suits, and in all controversies concerning property, that parties 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. Effective November 28, 1988. *** MEND *** *** MSTART 319 005.0 004.0 1 ME 1819 1988 *** 5. 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 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. Effective November 28, 1988. *** MEND *** *** MSTART 320 002.1 004.0 3 ME 1819 1995 *** 2A. 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 Governor's veto by the Legislature as the dollar amounts originally appeared in the enacted bill as presented to the Governor; except 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 separately 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. New. Added November 27, 1995. *** MEND *** *** MSTART 321 010.0 004.0 3 ME 1819 1988 *** 10. No Senator or Representative shall, during th 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. Effective November 28, 1988. *** MEND *** *** MSTART 322 011.0 004.0 3 ME 1819 1988 *** 11. 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 continui8ng in such office. Effective November 28, 1988. *** MEND *** *** MSTART 323 019.0 004.0 3 ME 1819 1988 *** 19. Any measure 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 30 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. Effective November 28, 1988. *** MEND *** *** MSTART 324 020.0 004.0 3 ME 1819 1997 *** 20. As used in any of the B 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 part or parts 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 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 certificate of the official authorized by law to maintain 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. Written petitions for a people's veto pursuant to Article IV, Part Third, Section 17 must be submitted to the appropriate officials of cities, towns or plantations 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 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. 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 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 such petitions and must 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. The petition shall set forth the full text of the measure requested or proposed. Petition forms shall be furnished or approved by the Secretary of State upon written application signed in 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 or questions concisely and intelligibly. Effective January 2, 1997. *** MEND *** *** MSTART 325 002.0 005.0 1 ME 1819 1988 *** 2. 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. Effective November 28, 1988. *** MEND *** *** MSTART 326 004.0 005.0 1 ME 1819 1988 *** 4. 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. Effective November 28, 1988. *** MEND *** *** MSTART 327 006.0 005.0 1 ME 1819 1988 *** 6. 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. Effective November 28, 1988. *** MEND *** *** MSTART 328 007.0 005.0 1 ME 1819 1988 *** 7. 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. Effective November 28, 1988. *** MEND *** *** MSTART 329 008.0 005.0 1 ME 1819 1988 *** 8. The Governor shall nominate, and, subject to 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 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. 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. All statutes enacted to carry out the purposes of the second paragraph of this section shall require the affirmative vote of 2/3 of the members of each House present and voting. 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. Every nomination by the Governor shall be made 7 days at least prior to appointment of the nominee. Effective November 28, 1988. Effective November 28, 1988. *** MEND *** *** MSTART 330 009.0 005.0 1 ME 1819 1988 *** 9. 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 Governor may judge expedient. Effective November 28, 1988. *** MEND *** *** MSTART 331 010.0 005.0 1 ME 1819 1988 *** 10. 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. Effective November 28, 1988. *** MEND *** *** MSTART 332 011.0 005.0 1 ME 1819 1988 *** 11. The governor shall have power to remit after conviction all forfeitures and penalties, and 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. Effective November 28, 1988. *** MEND *** *** MSTART 333 012.0 005.0 1 ME 1819 1988 *** 12. The governor shall take care that the laws be faithfully executed. Effective November 28, 1988. *** MEND *** *** MSTART 343 013.0 005.0 1 ME 1819 1988 *** 13. The governor may, on extraordinary occasions, convene the Legislature; and in case of disagreement between the 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, any direct the session to be held at some other convenient place within the State. Effective November 28, 1988. *** MEND *** *** MSTART 335 014.0 005.0 1 ME 1819 1988 *** 14. Whenever the office of Governor shall become vacant because of the death, resignation or removal of a Governor in office, or any other cause, the President of the Senate shall assume the office of Governor 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 Governor until the first Wednesday after the first Tuesday of January following the biennial election. At the biennial 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 Governor, 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 Governor for the same term and under the same conditions as the President of the Senate. Whenever for 6 months a Governor in office shall have been continuously 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 court and a decision by a majority of the court that ground exists for declaring the office to be vacant. Effective November 28, 1988. *** MEND *** *** MSTART 336 015.0 005.0 1 ME 1819 1988 *** 18. 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, 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 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 Court, 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 Governor, 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 Governor 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. 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 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. Effective November 28, 1988. *** MEND *** *** MSTART 337 001.1 005.0 2 ME 1819 1992 *** 1A. 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. Effective November 23, 1992. *** MEND *** *** MSTART 338 003.0 005.0 2 ME 1819 1988 *** 3. The Secretary of State shall attend the governor, Senate and House of Representatives, in person or by the deputies of the Secretary of State as they shall respectively require. Effective November 28, 1988. *** MEND *** *** MSTART 339 004.0 005.0 2 ME 1819 1988 *** 4. 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 enjoined by the Constitution, or shall be required by law. Effective November 28, 1988. *** MEND *** *** MSTART 340 001.1 005.0 3 ME 1819 1992 *** 1A. 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. Effective November 23, 1992. *** MEND *** *** MSTART 341 002.0 005.0 3 ME 1819 1988 *** 2. 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. Effective November 28, 1988. *** MEND *** *** MSTART 342 003.0 005.0 3 ME 1819 1992 *** 3. 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. Effective November 28, 1988. *** MEND *** *** MSTART 343 004.0 006.0 0 ME 1819 1988 *** 4. All 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, provided further that justices of the peace may be removed from office in such manner 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. Effective November 28, 1988. *** MEND *** *** MSTART 344 003.0 009.0 0 ME 1819 1988 *** 3. 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. Effective November 28, 1988. *** MEND *** *** MSTART 345 018.0 009.0 0 ME 1819 1991 *** 18. 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 retirement 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 diverted or deappropriated by any subsequent action. Effective November 20, 1991. *** MEND *** *** MSTART 346 018.1 009.0 0 ME 1819 1995 *** 18A. Beginning with the fiscal year starting July 1, 1997, the normal cost of all retirement and ancillary benefits provided to participants under the Maine State 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 10 years. New. Effective November 27, 1995. *** MEND *** *** MSTART 347 018.2 009.0 0 ME 1819 1995 *** 18B. Each fiscal year beginning with the fiscal year starting July 1, 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 refered to in this section are those determined by the Maine State Retirement Systems's actuaries and certified by the Board of Trustees of the Maine State Retirement System as of June 30, 1996. New. Effective November 27, 1995. *** MEND *** *** MSTART 348 021.0 009.0 0 ME 1819 1992 *** 21. 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. New. Effective November 23, 1992. *** MEND *** *** MSTART 349 022.0 009.0 0 ME 1819 1992 *** 22. 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 total revenues collected, received or recovered by the Department of Inland Fisheries Wildlife, or successor agency, from license and permit fees, fines, the sale, lease or rental 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 federal or state law and the Legislature may establish special funds and deposit revenues collected, received or recovered by department or successor agency into those special funds, provided that the revenues allocated and expended only for the purposes of those special funds as provided by law. New. Effective November 23, 1992. *** MEND *** *** MSTART 350 023.0 009.0 0 ME 1819 1993 *** 23. 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 2/3of 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. New. Effective November 23, 1993. *** MEND *** *** MSTART 351 015.0 009.0 0 ME 1819 1951 *** 15. No city or town shall hereafter create any debt or liability, which singly, or in the aggregate with previous debts or liabilities, shall exceed seven and one-half per cent of the last regular valuation of said city or town; provided, however, that the adoption of this article shall not be construed as applying to any fund received in trust by said city or town, nor to any loan for the purpose of renewing existing loans or for war, or to temporary loans to be paid out of money raised by taxation, during the year in which they are made. Effective September 26, 1951. Former article 9, section 15 repealed and replaced by the foregoing. *** MEND *** *** MSTART 352 011.0 005.0 1 ME 1819 1955 *** 11. He shall have power, with the advice and consent of the council, to remit, after conviction, all forfeitures and penalties, and 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. And he shall communicate to the legislature at each session thereof, each case of reprieve, remission of penalty, commutation or pardon granted stating the name of the convict, the crime of which he was convicted, the sentence and its date, the date of the reprieve, remission, commutation, or pardon, and the conditions, if any, upon which the same was granted. Effective September 26, 1955. *** MEND *** *** MSTART 353 004.0 002.0 0 ME 1819 1957 *** 4. The election of Governor, Senators and Representatives shall be on the Tuesday following the first Monday of November biennially forever. Effective September 19, 1957. *** MEND *** *** MSTART 354 003.0 005.0 1 ME 1819 1957 *** 3. The meetings for election of governor every four years shall be notified, held and regulated, and votes shall be received, sorted, counted, declared and recorded, in the same manner as those for Senators and Representatives. They shall be sealed and returned into the Secretary's office in the same manner, and at the same time every four years as those for Senators. Effective September 19, 1957. *** MEND *** *** MSTART 355 014.0 005.0 1 ME 1819 1957 *** 14. Whenever the office of Governor shall become vacant by death, resignation, removal from office or otherwise, the President of the Senate shall assume the office of governor unitl another governor shall be duly qualified; in the even such vacancy occurs not less than 90 days immediately preceding the date of the primaries for nominating candidates to be voted for at the biennial election next succeeding, the President of the Sentae shall exercise the office of governor until the first Wednesday of January following such bieenial election. At such biennial election, a Governor shall be elected to fill the unexpired term created by such vacancy, unless the vacancy shall have occurred less than 90 days immediately preceding the date of, or after, such primaries, in which case the then President of the Senate shall fill the unexpired term; and in case of the death, resignation, removal from office of Governor, the Speaker of the House of Representatives shall exercise the office, until a President of the Senate shall have been chosen; and when the office of Governor, President of the Senate, and Speaker of the House shall become vacant, in the recess of the Senate, the person, acting as Secretary of State for the time being, shall by proclamation convene the Senate, that a President may be chosen to exercise the office of governor. And whenever either the President of the Senate, or Speaker of the House shall so exercise said office, he shall receive only the compensation of Governor, but his duties as President or Speaker shall be suspended; and the Senate or House, shall fill the vacacny, until his duties as Governor shall cease. Effective September 19, 1957. *** MEND *** *** MSTART 356 014.1 009.0 0 ME 1819 1957 *** 14A. For the purposes of fostering, encouraging and assisting the physical location, settlement and resettlement of industrial and manufacturing enterprises within the State, the Legislature by proper enactment may insure the payment of mortgage loans on the real estate within the State of such industrial and manufacturing enterprises not exceeding in the aggregate $20,000,000 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. Effective September 19, 1957. *** MEND *** *** MSTART 357 005.0 004.0 1 ME 1819 1963 *** 5. 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 seven days at least before the election, and the election officials of the various towns and cities shall preside impartially at such meetings, receive the 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 his 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 manners. Fair copies of the lists of votes shall be attested by the city and town clerks and the city and town clerks respectively shall cause the same to be delivered into the office of the Secretary of State not less than fifteen days after the day on which the election is held. The Governor and Council shall examine the returned copies of such lists and twenty days before the first Wednesday of January 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 January biennially, and they shall finally determine who are elected. Effective November 20, 1963. *** MEND *** *** MSTART 358 001.0 002.0 0 ME 1819 1965 *** 1. Every citizen of the United States of the age of twenty-one years and upwards, excepting persons under guardianship for reasons of mental illness, having his or her residence established in this state for the term of six months next preceding any election, shall be an elector for governor, senators and representatives, in the city, town or plantation where his or her residence has been established for the term of three months next preceding such election, and he or she shall continue to be an elector in such city, town or plantation for the period of three months after his or her removal therefrom, if he or she continues to reside in this state during such period, unless barred by the provisions of the second paragraph of this section; 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 him 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 his residence by reason of his absence from the state in the military service of the United States, or of this state. Effective November 12, 1965. *** MEND *** *** MSTART 359 014.1 009.0 0 ME 1819 1965 *** 14-A. For the purposes of fostering, encouraging and assisting the physical location, settlement and resettlement of industrial and manufacturing enterprises within the State, the Legislature by proper enactment may insure the payment of mortgage loans on the real estate and personal property within the State of such industrial and manufacturing enterprises not exceeding in the aggregate $40,000,000 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. Effective November 12, 1965. *** MEND *** *** MSTART 360 014.0 009.0 0 ME 1819 1965 *** 14. The credit of the State shall not be directly or indirectly loaned in any case, except as provided in sections 14-A and 14-B. The Legislature shall not create any debt or debts, 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 two million dollars, except to suppress insurrection, to repel invasion, or for purposes of war; and excepting also that whenever two-thirds 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. Effective November 12, 1965. *** MEND *** *** MSTART 361 014.2 009.0 0 ME 1819 1965 *** 14B. For the purpose of fostering, encouraging and assisting the physical location, settlement and resettlement of recreational projects 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 recreational projects not exceeding in the aggregate ten million dollars in amount at any one time outstanding 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. New. Effective November 12, 1965. *** MEND *** *** MSTART 362 001.0 004.0 2 ME 1819 1966 *** 1. The Senate shall consist of not less than thirty nor more than forty Senators, 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. Effective November 28, 1966. Previous Article 4, part 2, section 1 repealed and replaced by the foregoing. *** MEND *** *** MSTART 363 002.0 004.0 2 ME 1819 1966 *** 2. The Legislature which shall convene after the adoption of this amendment shall cause the State to be divided into districts for the choice of Senators, and the Legislature, in the year of our Lord one thousand nine hundred and seventy-one, and every tenth year thereafter, shall do likewise. The districts shall conform, as near as may be to county lines and be apportioned according to the number of inhabitants so that each district shall have as close to a median number of thirty thousand inhabitants as possible, but in order to follow county and municipal boundaries the Legislature may deviate from this median figure so that the smallest district shall not have less than twenty-seven thousand inhabitants, and the largest district shall not have more than thirty- three thousand inhabitants. The basis of computation of the number of inhabitants shall be the Federal decennial census. In the event that the Legislature shall fail to make an apportionment, the Supreme Judicial Court shall, within sixty days following the end of the period in which the Legislature is required to act, but fails to do so, make the apportionment. According to the State Codes published by Westlaw, this section was originally numbered section 1 and later renumbered section 2. It is unclear from the source when these changes took place. However, according to the recodification notes contained in the 1973 constitution, it was renumbered from section 2 to section 3. See explanatory notes. *** MEND *** *** MSTART 364 002.0 008.0 0 ME 1819 1967 *** 2. For the purpose of 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. Funds shall be obtained by the issuance of state bonds, when authorized by the governor and Council, but the amount of bonds issued and outstanding shall not at one time exceed in the aggregate one million dollars. Funds loaned shall be on such terms and conditions as the Legislature shall authorize. Effective November 20, 1967. A schedule of amendments to the Constitution published by the State of Maine in 1983 indicates that this section is part of Article 8, part 1, section 2. However, the text and numbering information for this section is from the Session Laws of the State of Maine, 1967 and does not indicate that it is a section in part 2. *** MEND *** *** MSTART 365 014.2 009.0 0 ME 1819 1967 *** 14B. For the purpose of fostering, encouraging and assisting the physical location, settlement and resettlement of recreational projects 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 recreational projects not exceeding in the aggregate seventeen million dollars in amount at any one time outstanding 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. Effective November 20, 1967. *** MEND *** *** MSTART 366 014.0 009.0 0 ME 1819 1967 *** 14. The credit of the State shall not be directly or indirectly loaned in any case, except as provided in sections 14-A and 14-B. The Legislature shall not create any debt or debts, 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 two million dollars, 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 excepting also that whenever two-thirds 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. 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, or greater than 1% of the total valuation of the State of Maine, whichever is the lesser. Effective November 20, 1967. *** MEND *** *** MSTART 367 014.1 009.0 0 ME 1819 1967 *** 14A. For the purposes of fostering, encouraging and assisting the physical location, settlement and resettlement of industrial, manufacturing, fishing and agricultural enterprises and fostering and encouraging fisheries and agriculture within the State, the Legislature by proper enactment may insure the payment of mortgage loans on the real estate and personal property within the State of such industrial, manufacturing, fishing and agricultural enterprises not exceeding in the aggregate $40,000,000 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. For the purposes of this section, a documented fishing vessel shall be construed as real estate. Effective November 20, 1967. *** MEND *** *** MSTART 368 014.0 009.0 0 ME 1819 1969 *** 14. The credit of the State shall not be directly or indirectly loaned in any case, except as provided in sections 14-A, 14-B, and 14-C. The Legislature shall not create any debt or debts, 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 two million dollars, 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 excepting also that whenever two-thirds 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. 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, or greater than 1% of the total valuation of the State of Maine, whichever is the lesser. Effective November 17, 1969. *** MEND *** *** MSTART 369 014.3 009.0 0 ME 1819 1969 *** 14C. 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 twenty-five million dollars 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. Effective November 17, 1969. *** MEND *** *** MSTART 370 001.0 002.0 0 ME 1819 1969 *** 1. Every citizen of the United States of the age of twenty years and upwards, 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, unless barred by the provisions of the second paragraph of this section; 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, barracks, or military place, in any city, town at or plantation; nor shall the residence of a student at any seminary of learning entitle him 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 his residence by reason of his absence from the state in the military service of the United States or of this state. Effective November 13, 1969. According to the amendment notes contained in the recodification of 1973, "Durational residence requirements as were present in Section I of Article II were declared unconstitutional and thus such durational residence provisions are not now in force and were omitted." *** MEND *** *** MSTART 371 001.0 002.0 0 ME 1819 1971 *** 1. Every citizen of the United States of the age of eighteen years and upwards, 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, and he or she shall continue to be an elector in such city, town or plantation for the period of three months after his or her removal therefrom, if he or she continues to reside in this State during such period, unless barred by the provisions of the second paragraph of this section; 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 him 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 his residence by reason of his absence from the state in the military service of the United States, or of this State. No person shall have the right to vote or be eligible to office under the Constitution of this State, who shall not be able to read the Constitution in the English language, and write his name; provided, however, that this shall not apply to any person prevented by a physical disability from complying with its requisitions, nor to any person who had the right to vote on the fourth day of January in the year one thousand eight hundred and ninety-three. Every Indian, residing on tribal reservations and otherwise qualified, shall be an elector in all county, state and national elections. Effective November 17, 1971. According to the amendment notes contained in the recodification of 1973, "Durational residence requirements as were present in Section I of Article II were declared unconstitutional and thus such durational residence provisions are not now in force and were omitted." *** MEND *** *** MSTART 372 001.0 004.0 3 ME 1819 1970 *** 1. The Legislature shall convene on the first Wednesday of January biennially and 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 party, all members of the Legislature having been first polled and, 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. Effective November 18, 1970. *** MEND *** *** MSTART 373 014.0 009.0 0 ME 1819 1972 *** 14. 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, 14-D and 14-E. The Legislature shall not create any debt or debts, 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 two million dollars, except to suppress insurrection, to repeal 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 excepting also that whenever two-thirds 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. 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, or greater than 1% of the total valuation of the State of Maine, whichever is the lesser. Effective November 22, 1972. *** MEND *** *** MSTART 374 014.1 009.0 0 ME 1819 1968 *** 14-A. Insuring payment of industrial, manufacturing, fishing and agricultural loans. For the purposes of fostering, encouraging and assisting the physical location, settlement and resettlement of industrial, manufacturing, fishing and agricultural enterprises within the State, the Legislature by proper enactment may insure the payment of mortgage loans on the real estate and personal property within the State of such industrial, manufacturing, fishing and agricultural enterprises not exceeding in the aggregate $80,000,000 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. For the purposes of this section, a documented fishing vessel shall be construed as real estate. Effective November 22, 1968. *** MEND *** *** MSTART 375 014.2 009.0 0 ME 1819 1969 *** 14-B. Permits insuring payment of recreational loans by Legislative Act. For the purpose of fostering, encouraging and assisting the physical location, settlement and resettlement of recreational projects within the State, the Legislature by proper enactment may insure the payment of mortgage loams on real estate and personal property within the State of such recreational projects not exceeding in the aggregate seventeen million dollars in amount at any one time outstanding 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. Effective November 17, 1969. *** MEND *** *** MSTART 376 014.3 009.0 0 ME 1819 1972 *** 14-C. 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 twenty-five million dollars 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. Effective November 22, 1972. *** MEND *** *** MSTART 377 014.4 009.0 0 ME 1819 1972 *** 14-D. 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 $1,000,000 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. New. Effective November 22, 1972. *** MEND *** *** MSTART 378 014.5 009.0 0 ME 1819 1972 *** 14-E. 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 up to eighty percent of any mortgage loan to resident Maine veterans of the Armed Forces of the United States, 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 two million dollars 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. New. Effective November 22, 1972. *** MEND *** *** MSTART 379 018.0 004.0 3 ME 1819 1980 *** 18. Direct initiative of legislation: 1. Petition procedure. The electors may propose to the Legislature for its consideration any bill, resolve or 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 five o'clock p.m. on or before the fiftieth day after the date of convening of the Legislature in second regular session. If the fiftieth or twenty-fifth day, whichever applies, is a Saturday, Sunday, or legal holiday, the period runs until the hour of five o'clock p.m. of the next day which is not a Saturday, Sunday, or legal holiday. 2. Referral to electors unless enacted by the Legislature without change. Any measure thus proposed by electors, the number of which shall not be less than ten percent of the total vote for Governor cast in the last gubernatorial election preceding the filing of such petition, unless enacted without change by the legislature at the session at which it is presented. shall he 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 elect ton to be held not less than sixty days after the first vote thereon he submitted by itself if it receives more than one-third 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 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. 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 governor 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 ten days after the 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. Effective November 25, 1980. *** MEND *** *** MSTART 380 001.0 009.0 0 ME 1819 1988 *** 1. 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 "I, _________ 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." "I ________ 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." Provided, that an affirmation in the above forms may be substituted, when the person shall be conscientiously scrupulous of taking and subscribing an oath. 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. Effective November 28, 1988. *** MEND *** *** MSTART 381 010.0 009.0 0 ME 1819 1988 *** 10. 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. 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 Governor may remove such sheriff from office and appoint another sheriff to serve for the remainder 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. Effective November 28, 1988. *** MEND *** *** MSTART 382 005.0 004.0 1 ME 1819 1988 *** 5. 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 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. Effective November 28, 1988. *** MEND *** *** MSTART 383 001.1 004.0 3 ME 1819 1988 *** 1-A. A Legislature which is required to apportion the districts of the House of Representatives or the Senate, or both, under Article IV, Part First, Section 2, or Article IV, Part 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 party 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 party 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 Legislator's for every day's attendance at special sessions of the Legislature 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 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 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. Effective November 28, 1988. *** MEND *** *** MSTART 384 006.0 006.0 0 ME 1819 1967 *** 6. 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. No effective date given in state codes or in amendment schedule published by the state. Article 6, section 6 was repealed in 1967, which, by virtue of Chapter 77 of the Resolves of the One Hundred and Third Legislature, 1967, "shall become effective at such time as the Legislature by proper enactment shall establish a different Probate Court system with full-time judges." *** MEND *** *** MSTART 385 017.0 004.0 3 ME 1819 1988 *** 17. 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 gubernatorial 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 part or parts 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 parts 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 parts 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. 3. Referral to electors; 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 manner 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. Effective November 28, 1988. *** MEND *** *** MSTART 386 017.0 004.0 3 ME 1819 1999 *** 17. 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 gubernatorial or general 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 part or parts 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 parts 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 parts 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. 3. Referral to electors; 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 manner 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. Effective November 22, 1999. *** MEND *** *** CEND ***