HP0055
LD 58
Session - 129th Maine Legislature
C "A", Filing Number H-419, Sponsored by
LR 272
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the resolution by striking out the title and substituting the following:

‘RESOLUTION, Proposing an Amendment to the Constitution of Maine To Change the Terms of Legislators’

Amend the resolution by striking out everything after the title and inserting the following:

Constitutional amendment. Resolved: Two thirds of each branch of the Legislature concurring, that the following amendment to the Constitution of Maine be proposed:

Constitution, Art. II, §4 is amended to read:

Section 4. Time of state election; absentee voting. The election of Senators and members of the House of Representatives shall be on the Tuesday following the first Monday of November biennially forever and the election of , except that beginning with the general election held in 2022, the election of Senators and members of the House of Representatives must be on the Tuesday following the first Monday of November every 2 or 4 years depending on the term served in accordance with Article IV. The Governor shall be elected on the Tuesday following the first Monday of November every 4 years. The Legislature under proper enactment shall authorize and provide for voting by citizens of the State absent therefrom in the Armed Forces of the United States or of this State and for voting by other citizens absent or physically incapacitated for reasons deemed sufficient.

Constitution, Art. IV, Pt. First, §2 is amended to read:

Section 2. Number of Representatives; terms; division of the State into districts for House of Representatives. The House of Representatives shall consist of 151 members, to be elected by the qualified electors, and hold their office 2 years from the day next preceding the first Wednesday in December following the general election , except that beginning with the general election held in 2022, members of the House of Representatives hold their office for either a 2-year or 4-year term from the day next preceding the first Wednesday in December following the general election depending on the term for which the members were elected. The Legislature which convenes in 2013, and also the Legislature which convenes in 2021 and every 10th year thereafter, shall cause the State to be divided into districts for the choice of one Representative for each district. The number of Representatives shall be divided into the number of inhabitants of the State exclusive of foreigners not naturalized according to the latest Federal Decennial Census or a State Census previously ordered by the Legislature to coincide with the Federal Decennial Census, to determine a mean population figure for each Representative District. Each Representative District shall be formed of contiguous and compact territory and shall cross political subdivision lines the least number of times necessary to establish as nearly as practicable equally populated districts. Whenever the population of a municipality entitles it to more than one district, all whole districts shall be drawn within municipal boundaries. Any population remainder within the municipality shall be included in a district with contiguous territory and shall be kept intact. Beginning with the general election in 2022, the term of office for Representatives from 50 districts must rotate every 10 years on a cycle of one 4-year term followed by one 2-year term followed by one 4-year term, each of these districts referred to in this section as "a 4-2-4 district"; the term of office for a separate 50 districts must rotate every 10 years on a cycle of one 2-year term followed by two 4-year terms, each of these districts referred to in this section as "a 2-4-4 district"; and the term of office for the other 51 districts must rotate every 10 years on a cycle of two 4-year terms followed by one 2-year term, each of these districts referred to in this section as "a 4-4-2 district." The Legislature that convenes in 2021 and every 10th year thereafter shall identify the cycle of terms for each district, and each term cycle must be evenly distributed geographically throughout the State so that, unless geographically impossible, a 4-2-4 district is contiguous to a 2-4-4 district that is also contiguous to a 4-4-2 district.

Constitution, Art. IV, Pt. First, §5 is amended to read:

Section 5. Election of Representatives; lists of votes delivered forthwith; lists of votes examined by Governor; summons of persons who appear to be elected; lists shall be laid before the House. The meetings within this State for the choice of Representatives shall be warned in due course of law by qualified officials of the several towns and cities 7 days at least before the election, and the election officials of the various towns and cities shall preside impartially at such meetings, receive the 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 following the general election, 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 following the general election, and they shall finally determine who are elected.

Constitution, Art. IV, Pt. Second, §2 is amended by adding after the first paragraph a new paragraph to read:

Beginning with the general election in 2022, the term of office for Senators from 11 districts must rotate every 10 years on a cycle of one 4-year term followed by one 2-year term followed by one 4-year term, each of these districts referred to in this section as "a 4-2-4 district"; the term of office for a separate 11 districts must rotate every 10 years on a cycle of one 2-year term followed by two 4-year terms, each of these districts referred to in this section as "a 2-4-4 district"; and the term of office for all other districts must rotate every 10 years on a cycle of two 4-year terms followed by one 2-year term, each of these districts referred to in this section as "a 4-4-2 district." The Legislature that convenes in 2021 and every 10th year thereafter shall identify the cycle of terms for each district, and each term cycle must be evenly distributed geographically throughout the State so that, unless geographically impossible, a 4-2-4 district is contiguous to a 2-4-4 district that is also contiguous to a 4-4-2 district.

Constitution, Art. IV, Pt. Second, §5 is amended to read:

Section 5. Determination of Senators elected; term; procedure for filling vacancies. The Senate shall, on said first Wednesday of December, biennially following the general election 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.

Constitutional referendum procedure; form of question; effective date. Resolved: That the municipal officers of this State shall notify the inhabitants of their respective cities, towns and plantations to meet, in the manner prescribed by law for holding a statewide election, at a statewide election held in the month of November following the passage of this resolution, to vote upon the ratification of the amendment proposed in this resolution by voting upon the following question:

"Do you favor amending the Constitution of Maine to change the term of office for State Senate and Representative Districts to include two 4-year terms and one 2-year term within every 10-year period beginning in 2022?"

The legal voters of each city, town and plantation shall vote by ballot on this question and designate their choice by a cross or check mark placed within the corresponding square below the word "Yes" or "No." The ballots must be received, sorted, counted and declared in open ward, town and plantation meetings and returns made to the Secretary of State in the same manner as votes for members of the Legislature. The Governor shall review the returns. If it appears that a majority of the legal votes are cast in favor of the amendment, the Governor shall proclaim that fact without delay and the amendment becomes part of the Constitution of Maine on the date of the proclamation.

Secretary of State shall prepare ballots. Resolved: That the Secretary of State shall prepare and furnish to each city, town and plantation all ballots, returns and copies of this resolution necessary to carry out the purposes of this referendum.

SUMMARY

This amendment is the minority report of the committee. It increases the term of office for Representatives and Senators to include two 4-year terms and one 2-year term within a 10-year cycle starting with the general election in 2022. The House and Senate districts are divided as equally as possible into 3 groups with staggered terms within the 10-year cycle. The first group follows a cycle of one 4-year term followed by one 2-year term followed by one 4-year term. The 2nd group follows a cycle of one 2-year term followed by two 4-year terms. The 3rd group follows a cycle of two 4-year terms followed by one 2-year term.

FISCAL NOTE REQUIRED
(See attached)


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