LD 508

132nd MAINE LEGISLATURE
  FIRST REGULAR SESSION-2025
Legislative Document  No. 508
S.P. 226  In Senate, February 11, 2025
  RESOLUTION, Proposing an Amendment to the Constitution of
  Maine to Require Constitutional Officers to Be Elected by Popular
  Election
   Received by the Secretary of the Senate on February 7, 2025. Referred to the Committee
on State and Local Government pursuant to Joint Rule 308.2 and ordered printed.
  DAREK M. GRANT
  Secretary of the Senate
Presented by Senator STEWART of Aroostook.
Cosponsored by Senators: BALDACCI of Penobscot, BENNETT of Oxford, FARRIN of
Somerset, HICKMAN of Kennebec, TIMBERLAKE of Androscoggin, Representatives:
SUPICA of Bangor, WARREN of Scarborough.
  Printed on recycled paper
1     Constitutional amendment. Resolved: Two thirds of each branch of the
2 Legislature concurring, that the following amendment to the Constitution of Maine be
3 proposed:
4     Constitution, Art. V, Pt. Second, §1 is amended to read:
5     Section 1. Election. The Secretary of State shall be chosen biennially at the first
6 session of the Legislature, by joint ballot of the popular election on the same date and in
7 the same manner as provided by this Constitution for the election of Senators and
8 Representatives in convention.
9     Constitution, Art. V, Pt. Second, §1-A is amended to read:
10      Section 1-A. Succession to the office of Secretary of State. If a vacancy occurs
11 in the office of the Secretary of State, the first deputy secretary of state shall act as the
12 Secretary of State until a Secretary of State is elected by the Legislature during the current
13 session if in session, or at the next regular or special session popular election. A vacancy
14 in the office of the Secretary of State may be filled by a new election.
15     Constitution, Art. V, Pt. Third, §1 is amended to read:
16     Section 1. Election. The Treasurer shall be chosen biennially, at the first session of
17 the Legislature, by joint ballot of the popular election on the same date and in the same
18 manner as provided by this Constitution for the election of Senators, and Representatives
19 in convention.
20     Constitution, Art. V, Pt. Third, §1-A is amended to read:
21     Section 1-A. Succession to the office of Treasurer. If a vacancy occurs in the
22 office of Treasurer of State, the deputy treasurer of state shall act as the Treasurer of State
23 until a Treasurer of State is elected by the Legislature during the current session if in
24 session, or at the next regular or special session popular election. A vacancy in the office
25 of Treasurer of State may be filled by a new election.
26     Constitution, Art. IX, §11 is amended to read:
27     Section 11. Attorney General. The Attorney General shall be chosen biennially
28 by joint ballot popular election on the same date and in the same manner as provided by
29 this Constitution for the election of the Senators and Representatives in convention.
30 Vacancy in said office occurring when the Legislature is not in session, may be filled by
31 appointment by the Governor, subject to confirmation as required by this Constitution for
32 Justices of the Supreme Judicial Court.
33    Constitutional referendum procedure; form of question; effective date.
34 Resolved: That the municipal officers of this State shall notify the inhabitants of their
35 respective cities, towns and plantations to meet, in the manner prescribed by law for holding
36 a statewide election, at a statewide election held in the month of November following the
37 passage of this resolution, to vote upon the ratification of the amendment proposed in this
38 resolution by voting upon the following question:
39"Do you favor amending the Constitution of Maine to provide that the
40Secretary of State, the Treasurer of State and the Attorney General be
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1elected by the people biennially in the same manner as members of the
42
2Senate and the House of Representatives?"
3     The legal voters of each city, town and plantation shall vote by ballot on this question
4 and designate their choice by a cross or check mark placed within the corresponding square
5 below the word "Yes" or "No." The ballots must be received, sorted, counted and declared
6 in open ward, town and plantation meetings and returns made to the Secretary of State in
7 the same manner as votes for members of the Legislature. The Governor shall review the
8 returns. If it appears that a majority of the legal votes are cast in favor of the amendment,
9 the Governor shall proclaim that fact without delay and the amendment becomes part of
10 the Constitution of Maine on the date of the proclamation.
11      Secretary of State shall prepare ballots. Resolved: That the Secretary of State
12 shall prepare and furnish to each city, town and plantation all ballots, returns and copies of
13 this resolution necessary to carry out the purposes of this referendum.
14SUMMARY
15     This resolution proposes a constitutional amendment that provides for direct popular
16 election beginning in 2026 of the Secretary of State, the Treasurer of State and the Attorney
17 General biennially in the manner currently provided for Senators and Representatives.
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