Maine Constitution
Introduction
NOTE
(Includes CR 2023, c. 1 and CR 2023, c. 2)
Art. §1 | PREAMBLE
Article I
Declaration of Rights
Art. I §1 | NATURAL RIGHTS
Art. I §2 | POWER INHERENT IN PEOPLE
Art. I §3 | RELIGIOUS FREEDOM; SECTS EQUAL; RELIGIOUS TESTS PROHIBITED; RELIGIOUS TEACHERS
Art. I §4 | FREEDOM OF SPEECH AND PUBLICATION; LIBEL; TRUTH GIVEN IN EVIDENCE; JURY DETERMINES LAW AND FACT
Art. I §5 | UNREASONABLE SEARCHES PROHIBITED
Art. I §6 | RIGHTS OF PERSONS 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 privileges, but by judgment of that person's peers or the law of the land.
Art. I §6A | DISCRIMINATION AGAINST PERSONS PROHIBITED
Art. I §7 | NO PERSON TO ANSWER TO CERTAIN CRIMES BUT ON INDICTMENT; EXCEPTIONS; JURIES
Art. I §8 | NO DOUBLE JEOPARDY
Art. I §9 | SANGUINARY LAWS, EXCESSIVE BAIL, CRUEL OR UNUSUAL PUNISHMENTS PROHIBITED
Art. I §10 | BAILABLE OFFENSES; HABEAS CORPUS
Art. I §11 | ATTAINDER, EX POST FACTO AND CONTRACT-IMPAIRMENT LAWS PROHIBITED
Art. I §12 | TREASON; TESTIMONY OF 2 WITNESSES
Art. I §13 | SUSPENSION OF LAWS
Art. I §14 | CORPORAL PUNISHMENT UNDER MILITARY LAW
Art. I §15 | RIGHT OF PETITION
Art. I §16 | TO KEEP AND BEAR ARMS
Art. I §17 | STANDING ARMIES
Art. I §18 | QUARTERING OF SOLDIERS ON CITIZENS
Art. I §19 | RIGHT OF REDRESS FOR INJURIES
Art. I §20 | TRIAL BY JURY
Art. I §21 | PRIVATE PROPERTY, WHEN TO BE TAKEN
Art. I §22 | TAXES
Art. I §23 | TITLE OF NOBILITY PROHIBITED; TENURE OF OFFICES
Art. I §24 | OTHER RIGHTS NOT IMPAIRED
Art. I §25 | RIGHT TO FOOD
Article II
Electors
Art. II §1 | QUALIFICATIONS OF ELECTORS; WRITTEN BALLOT; MILITARY SERVICEMEN; STUDENTS
Indians.
Every Indian, residing on tribal reservations and otherwise qualified, shall be an elector in all county, state and national elections.Art. II §2 | ELECTORS EXEMPT FROM ARRESTS ON ELECTION DAYS
Art. II §3 | EXEMPTION FROM MILITARY DUTY
Art. II §4 | TIME OF STATE ELECTION; ABSENTEE VOTING
Art. II §5 | VOTING MACHINES
Article III
Distribution of Powers
Art. III §1 | POWERS DISTRIBUTED
Art. III §2 | TO BE KEPT SEPARATE
Article IV
The Legislative Branch
Art. IV Part 1 §1 | LEGISLATIVE DEPARTMENT; STYLE OF ACTS
Art. IV Part 1 §2 | NUMBER OF REPRESENTATIVES; BIENNIAL TERMS; DIVISION OF THE STATE INTO DISTRICTS FOR HOUSE OF REPRESENTATIVES
Art. IV Part 1 §3 | SUBMISSION OF REAPPORTIONMENT PLAN TO CLERK OF HOUSE; LEGISLATURE’S ACTION ON COMMISSION’S PLAN
In the event that the Legislature shall fail to make an apportionment by June 11th, the Supreme Judicial Court shall, within 60 days following the period in which the Legislature is required to act, but fails to do so, make the apportionment. In making such apportionment, the Supreme Judicial Court shall take into consideration 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.
Art. IV Part 1 §4 | QUALIFICATIONS; RESIDENCY REQUIREMENT
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 a primary, general or special election ballot, that person is a resident in the district which the candidate seeks to represent.
Art. IV Part 1 §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
Art. IV Part 1 §6 | VACANCIES
Art. IV Part 1 §7 | TO CHOOSE OWN OFFICERS
Art. IV Part 1 §8 | POWER OF IMPEACHMENT
Art. IV Part 2 §1 | NUMBER OF SENATORS
Art. IV Part 2 §2 | SUBMISSION OF REAPPORTIONMENT PLAN TO SECRETARY OF SENATE; LEGISLATURE’S ACTION ON COMMISSION’S PLAN; DIVISION OF STATE INTO SENATORIAL DISTRICTS; DIVISION BY SUPREME JUDICIAL COURT
The 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 June 1st of the year 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 2/3 of the Members of each House by June 11th of the year in which apportionment is required. Such action shall be subject to the Governor's approval as provided in Article IV, Part Third, Section 2.
In the event that the Legislature shall fail to make an apportionment by June 11th, the Supreme Judicial Court shall, within 60 days following the period in which the Legislature is required to act but fails to do so, make the apportionment. In making such apportionment, the Supreme Judicial Court shall take into consideration 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.
Art. IV Part 2 §3 | ELECTION OF SENATORS; LISTS OF VOTES DELIVERED FORTHWITH
Art. IV Part 2 §4 | LISTS OF VOTES EXAMINED BY GOVERNOR; SUMMONS TO PERSONS WHO APPEAR TO BE ELECTED
Art. IV Part 2 §5 | DETERMINATION OF SENATORS ELECTED; PROCEDURE FOR FILLING VACANCIES
Art. IV Part 2 §6 | QUALIFICATIONS
Art. IV Part 2 §7 | TO TRY IMPEACHMENTS; LIMITATION OF JUDGMENT OF IMPEACHMENT; PARTY LIABLE TO BE TRIED AND PUNISHED IN COURT
Art. IV Part 2 §8 | TO CHOOSE OWN OFFICERS
Art. IV Part 3 §1 | TO MEET ANNUALLY; POWER OF LEGISLATURE TO CONVENE ITSELF AT OTHER TIMES; EXTENT OF LEGISLATIVE POWER
Art. IV Part 3 §1A | LEGISLATURE TO ESTABLISH APPORTIONMENT COMMISSION; NUMBER OF QUORUM; COMPENSATION OF COMMISSION MEMBERS; COMMISSION’S BUDGET; DIVISION AMONG POLITICAL PARTIES
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 Legislators 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.
Art. IV Part 3 §2 | BILLS TO BE SIGNED BY THE GOVERNOR; PROCEEDINGS, IN CASE THE GOVERNOR DISAPPROVES; ALLOWING THE GOVERNOR 10 DAYS TO ACT ON LEGISLATION
Art. IV Part 3 §2A | LINE-ITEM VETO OF DOLLAR AMOUNTS APPEARING IN APPROPRIATION OR ALLOCATION SECTIONS OF LEGISLATIVE DOCUMENTS
Art. IV Part 3 §3 | EACH HOUSE THE JUDGE OF ITS ELECTIONS; MAJORITY, A QUORUM
Art. IV Part 3 §4 | MAY PUNISH AND EXPEL MEMBERS
Art. IV Part 3 §5 | SHALL KEEP A JOURNAL; YEAS AND NAYS
Art. IV Part 3 §6 | MAY PUNISH FOR CONTEMPT
Art. IV Part 3 §7 | COMPENSATION; TRAVELING EXPENSES
Art. IV Part 3 §8 | MEMBERS EXEMPT FROM ARREST; FREEDOM OF DEBATE
Art. IV Part 3 §9 | EITHER HOUSE MAY ORIGINATE BILLS; REVENUE BILLS
Art. IV Part 3 §10 | MEMBERS NOT TO BE APPOINTED TO CERTAIN OFFICES
Art. IV Part 3 §11 | PERSONS DISQUALIFIED TO BE MEMBERS
Art. IV Part 3 §12 | ADJOURNMENTS
Art. IV Part 3 §13 | SPECIAL LEGISLATION
Art. IV Part 3 §14 | CORPORATIONS, FORMED UNDER GENERAL LAWS
Art. IV Part 3 §15 | CONSTITUTIONAL CONVENTIONS
Art. IV Part 3 §16 | ACTS BECOME EFFECTIVE IN 90 DAYS AFTER RECESS; EXCEPTION; EMERGENCY BILL DEFINED
(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 5 years of real estate.
Art. IV Part 3 §17 | PROCEEDINGS FOR PEOPLE’S VETO
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.
Art. IV Part 3 §18 | DIRECT INITIATIVE OF LEGISLATION
2. Referral to electors unless enacted by the Legislature without change; number of signatures necessary on direct initiative petitions; dating signatures on petitions; competing measures. For any measure thus proposed by electors, the number of signatures shall not be less than 10% of the total vote for 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. A signature is not valid if it is dated more than one year prior to the date that the petition was filed in the office of the Secretary of State. The measure thus proposed, unless enacted without change by the Legislature at the session at which it is presented, shall be submitted to the electors together with any amended form, substitute, or recommendation of the Legislature, and in such manner that the people can choose between the competing measures or reject both. When there are competing bills and neither receives a majority of the votes given for or against both, the one receiving the most votes shall at the next statewide election to be held not less than 60 days after the first vote thereon be submitted by itself if it receives more than 1/3 of the votes given for and against both. If the measure initiated is enacted by the Legislature without change, it shall not go to a referendum vote unless in pursuance of a demand made in accordance with the preceding section. The Legislature may order a special election on any measure that is subject to a vote of the people.
3. Timing of elections; proclamation by Governor. The Governor shall, by proclamation, order any measure proposed to the Legislature as herein provided, and not enacted by the Legislature without change, referred to the people at an election to be held in November of the year in which the petition is filed. If the 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.
Art. IV Part 3 §19 | EFFECTIVE DATE OF MEASURES APPROVED BY PEOPLE; VETO POWER LIMITED
Art. IV Part 3 §20 | MEANING OF WORDS "ELECTORS," "PEOPLE," "RECESS OF LEGISLATURE," "STATEWIDE ELECTION," "MEASURE," "CIRCULATOR," AND "WRITTEN PETITION"; WRITTEN PETITIONS FOR PEOPLE’S VETO; WRITTEN PETITIONS FOR DIRECT INITIATIVE
Art. IV Part 3 §21 | CITY COUNCIL OF ANY CITY MAY ESTABLISH DIRECT INITIATIVE AND PEOPLE’S VETO
Art. IV Part 3 §22 | ELECTION OFFICERS AND OFFICIALS, HOW GOVERNED
Art. IV Part 3 §23 | MUNICIPALITIES REIMBURSED ANNUALLY
Article V
The Executive Branch
Art. V Part 1 §1 | GOVERNOR
Art. V Part 1 §2 | TERM OF OFFICE; REELECTION ELIGIBILITY
Art. V Part 1 §3 | ELECTION; VOTES TO BE RETURNED TO SECRETARY OF STATE; SECRETARY OF STATE TO LAY LISTS BEFORE THE SENATE AND HOUSE OF REPRESENTATIVES; PROVISION IN CASE OF TIE
Art. V Part 1 §4 | QUALIFICATIONS
Art. V Part 1 §5 | DISQUALIFICATIONS
Art. V Part 1 §6 | COMPENSATION
Art. V Part 1 §7 | COMMANDER IN CHIEF
Art. V Part 1 §8 | TO APPOINT OFFICERS
Art. V Part 1 §9 | TO GIVE INFORMATION AND RECOMMEND MEASURES
Art. V Part 1 §10 | MAY REQUIRE INFORMATION OF ANY OFFICER
Art. V Part 1 §11 | POWER TO PARDON AND REMIT PENALTIES, ETC; CONDITIONS
Art. V Part 1 §12 | SHALL ENFORCE THE LAWS
Art. V Part 1 §13 | CONVENE THE LEGISLATURE ON EXTRAORDINARY OCCASIONS, AND ADJOURN IT IN CASE OF DISAGREEMENT; MAY CHANGE THE PLACE OF MEETING
Art. V Part 1 §14 | VACANCY, HOW SUPPLIED
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.
Mental or physical disability of the Governor continuously for more than 6 months. 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.
Art. V Part 1 §15 | TEMPORARY MENTAL OR PHYSICAL DISABILITY OF GOVERNOR
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.
Art. V Part 2 §1 | ELECTION
Art. V Part 2 §2 | SUCCESSION TO THE OFFICE OF SECRETARY OF STATE
Art. V Part 2 §2A | RECORDS OF STATE; DEPUTIES
Art. V Part 2 §3 | ATTEND THE GOVERNOR, SENATE, AND HOUSE
Art. V Part 2 §4 | RECORDS OF EXECUTIVE AND LEGISLATIVE DEPARTMENTS
Art. V Part 3 §1 | ELECTION
Art. V Part 3 §1A | SUCCESSION TO THE OFFICE OF TREASURER
Art. V Part 3 §2 | BOND
Art. V Part 3 §3 | NOT TO ENGAGE IN TRADE
Art. V Part 3 §4 | NO MONEY DRAWN EXCEPT UPON APPROPRIATION OR ALLOCATION
Art. V Part 3 §5 | BONDING REGULATIONS; PROHIBITING USE OF PROCEEDS FROM SALE OF BONDS TO FUND CURRENT EXPENDITURES
Article VI
Judicial Power
Art. VI §1 | COURTS
Art. VI §2 | COMPENSATION
Art. VI §3 | TO GIVE OPINION WHEN REQUIRED BY GOVERNOR OR EITHER BRANCH OF THE LEGISLATURE
Art. VI §4 | TENURE OF JUDICIAL OFFICERS; 6-MONTH HOLDOVER PERIOD
Art. VI §5 | LIMITATION ON HOLDING OTHER OFFICE
Art. VI §6 | JUDGES AND REGISTERS OF PROBATE, ELECTION AND TENURE; VACANCIES
Notes
Article VII
Military
Art. VII §1 | OFFICERS, HOW APPOINTED
Art. VII §2 | QUALIFICATIONS AND SELECTION
Art. VII §3 | ADJUTANT GENERAL
Art. VII §4 | STANDARD OF ORGANIZATION, ARMAMENT AND DISCIPLINE
Art. VII §5 | PERSONS EXEMPT FROM MILITARY DUTY
Article VIII
Education, Municipals
Art. VIII Part 1 §1 | LEGISLATURE SHALL REQUIRE TOWNS TO SUPPORT PUBLIC SCHOOLS; DUTY OF LEGISLATURE
Art. VIII Part 1 §2 | AUTHORITY TO PLEDGE THE CREDIT OF THE STATE AND TO ISSUE BONDS FOR LOANS TO MAINE STUDENTS IN HIGHER EDUCATION AND THEIR PARENTS
Art. VIII Part 2 §1 | POWER OF MUNICIPALITIES TO AMEND THEIR CHARTERS
Art. VIII Part 2 §2 | CONSTRUCTION OF BUILDINGS FOR INDUSTRIAL USE
Article IX
General Provisions
Art. IX §1 | OATHS AND SUBSCRIPTIONS
"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.Alternative affirmation. Provided, that an affirmation in the above forms may be substituted, when the person shall be conscientiously scrupulous of taking and subscribing an oath.
So help me God."
Administration of oaths to Governor, Senators, Representatives, and other officers. The oaths or affirmations shall be taken and subscribed by the Governor before the presiding officer of the Senate, in the presence of both Houses of the Legislature, and by the Senators and Representatives before the Governor, and by the residue of said officers before such persons as shall be prescribed by the Legislature; and whenever the Governor shall not be able to attend during the session of the Legislature to take and subscribe said oaths or affirmations, such oaths or affirmations may be taken and subscribed in the recess of the Legislature before any Justice of the Supreme Judicial Court and provided further that, if the Governor shall be unable to appear and administer the oath to the Senators and Representatives, such oaths shall be administered by the Chief Justice of the Supreme Judicial Court or in the absence of the Chief Justice, by the senior Associate Justice of said Supreme Judicial Court present at the State Capitol on the first day of the term for which said Senators and Representatives shall have been elected.
Art. IX §2 | OFFICES INCOMPATIBLE WITH EACH OTHER; ELECTION TO CONGRESS DISQUALIFIES
Art. IX §3 | COMMISSIONS
Art. IX §4 | ELECTIONS ON THE FIRST WEDNESDAY AFTER FIRST TUESDAY OF JANUARY MAY BE ADJOURNED FROM DAY TO DAY
Art. IX §5 | REMOVAL BY IMPEACHMENT OR ADDRESS
Art. IX §6 | TENURE OF OFFICE
Art. IX §7 | VALUATION
Art. IX §8 | TAXATION
1. Intangible property.
The Legislature shall have power to levy a tax upon intangible personal property at such rate as it deems wise and equitable without regard to the rate applied to other classes of property.2. Assessment of certain lands based on current use; penalty on change to higher use.
The Legislature shall have power to provide for the assessment of the following types of real estate whenever situated in accordance with a valuation based upon the current use thereof and in accordance with such conditions as the Legislature may enact:B. Open space lands which are used for recreation or the enjoyment of scenic natural beauty;
C. Lands used for game management or wildlife sanctuaries; and
D. Waterfront land that is used for or that supports commercial fishing activities.
3. School districts.
The Legislature shall have power to provide that taxes, which it may authorize a School Administrative District or a community school district to levy, may be assessed on real, personal and intangible property in accordance with any cost-sharing formula which it may authorize.4. Watercraft.
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.5. Historic and scenic preservation.
The Legislature shall have the power to provide that municipalities may reduce taxes on real property if the property owner agrees to maintain the property in accordance with criteria adopted by the governing legislative body of the municipality to maintain the historic integrity of important structures or to provide scenic view easements of significant vistas.Art. IX §9 | POWER OF TAXATION
Art. IX §10 | TENURE OF SHERIFFS
Art. IX §11 | ATTORNEY GENERAL
Art. IX §12 | VOTING DISTRICTS
Art. IX §13 | BRIBERY AT ELECTIONS
Art. IX §14 | AUTHORITY AND PROCEDURE FOR ISSUANCE OF BONDS
Art. IX §14A | AUTHORITY TO INSURE INDUSTRIAL, MANUFACTURING, FISHING, AND AGRICULTURAL MORTGAGE LOANS
Art. IX §14B | AUTHORITY TO INSURE REVENUE BONDS OF THE MAINE SCHOOL BUILDING AUTHORITY
Art. IX §14C | AUTHORITY TO INSURE MORTGAGE LOANS FOR INDIAN HOUSING
Art. IX §14D | AUTHORITY TO INSURE MAINE VETERANS' MORTGAGE LOANS, AND TO APPROPRIATE MONEYS AND ISSUE BONDS FOR THE PAYMENT OF SAME
Art. IX §15 | MUNICIPAL BORROWING REGULATED BY LEGISLATURE THROUGH GENERAL LAW
Art. IX §16 | SEAT OF GOVERNMENT
Art. IX §17 | CONTINUITY OF GOVERNMENT IN CASE OF ENEMY ATTACK
Art. IX §18 | LIMITATION ON USE OF FUNDS OF MAINE STATE RETIREMENT SYSTEM
Art. IX §18A | FUNDING OF RETIREMENT BENEFITS UNDER THE MAINE STATE RETIREMENT SYSTEM
Art. IX §18B | PAYMENT OF UNFUNDED LIABILITIES OF THE MAINE STATE RETIREMENT SYSTEM
Art. IX §19 | LIMITATION ON EXPENDITURE OF MOTOR VEHICLE AND MOTOR VEHICLE FUEL REVENUES
Art. IX §20 | MINING EXCISE TAX TRUST FUND
Art. IX §21 | STATE MANDATES
Art. IX §22 | REVENUES GENERATED BY FISHERIES AND WILDLIFE MANAGEMENT
Art. IX §23 | STATE PARK LAND
Art. IX §24 | REAPPORTIONMENT
1. Procedure.
Beginning in 2021 and every 10 years thereafter, when the Secretary of State has received notification of the number of congressional seats to which the State is entitled and the Federal Decennial Census population count is final, the Legislative Apportionment Commission, established every 10 years pursuant to Article IV, Part Third, Section 1‑A, shall review the existing congressional districts. If the districts do not conform to Supreme Judicial Court guidelines, the commission shall reapportion the State into congressional districts.In making such a reapportionment, the commission shall ensure that each congressional district is formed of compact and contiguous territory and crosses political subdivisions the least number of times necessary to establish districts as equally populated as possible. The commission shall submit its plan to the Clerk of the House of Representatives no later than June 1st of the year in which apportionment is required. The Legislature shall enact the submitted plan of the commission or a plan of its own in regular or special session by a vote of 2/3 of the members of each House by June 11th of the year in which apportionment is required to the Clerk of the House of Representatives. This action is subject to the Governor's approval, as provided in Article IV, Part Third, Section 2.
2. Court apportionment.
If the Legislature fails to make an apportionment by June 11th, the Supreme Judicial Court shall make the apportionment within 60 days following the period in which the Legislature is required to act but fails to do so. In making the apportionment, the Supreme Judicial Court shall take into consideration plans and briefs filed by the public with the court during the first 30 days of the period in which the court is required to apportion.3. Judicial review.
The Supreme Judicial Court has original jurisdiction to hear any challenge to an apportionment law enacted by the Legislature, as registered by any citizen or group of citizens. If a challenge is sustained, the Supreme Judicial Court shall make the apportionment.Art. IX §25 | APPORTIONMENT OF COUNTY COMMISSIONER DISTRICTS
1. Redistricting, generally.
Beginning in 2021 and every 10 years thereafter, the apportionment commission established under Article IV, Part Third, Section 1‑A shall review the existing county commissioner districts and, as necessary, reapportion those districts in each county to establish as nearly as practicable equally populated districts. The Speaker of the House of Representatives is responsible for calling the commission together to review the county commissioner districts. No action may be taken by the commission without a quorum of 7.B. Interested parties from each county may submit redistricting plans for the commission to consider. Those plans must be submitted to the commission no later than 30 calendar days after the commission is called together by the Speaker of the House of Representatives under this subsection. The commission may hold public hearings on plans affecting each county.
C. The commission shall submit its plan to the Clerk of the House of Representatives no later than June 1st of the year in which apportionment is required. The Clerk of the House of Representatives shall submit to the Legislature, no later than January 15, 2022, and every 10th year thereafter, one legislative document to reapportion the county commissioner districts based on the plan submitted by the apportionment commission. The Legislature must enact the submitted plan or a plan of its own in regular or special session by a vote of 2/3 of the members of each House within 30 calendar days after the plan is submitted to it by the Clerk of the House of Representatives. This action is subject to the Governor's approval, as provided in Article IV, Part Third, Section 2.
2. Supreme Judicial Court.
If the Legislature fails to make an apportionment within the 30 calendar days, the Supreme Judicial Court shall make the apportionment within 60 calendar days following the period in which the Legislature is required to act but fails to do so. In making the apportionment, the Supreme Judicial Court shall consider plans and briefs filed by the public with the court during the first 30 days of the period in which the court is required to apportion.Article X
Additional Provisions
Art. X §1 | MEETING OF FIRST LEGISLATURE; ELECTIONS FOR 1820; SENATORS APPORTIONED; AND REPRESENTATIVES; YORK, CUMBERLAND, LINCOLN, HANCOCK, WASHINGTON, KENNEBEC, OXFORD, SOMERSET, PENOBSCOT; POWERS AND DUTIES OF SECRETARY OF STATE PRO TEM IN RELATION TO THE VOTES
The County of Cumberland shall elect three.
The County of Lincoln shall elect three.
The County of Hancock shall elect two.
The County of Washington shall elect one.
The County of Kennebec shall elect three.
The County of Oxford shall elect two.
The County of Somerset shall elect two.
The County of Penobscot shall elect one.
And the Secretary of State pro tempore shall have the same powers, and be subject to the same duties, in relation to the votes for Governor, as the Secretary of State has, and is subject to, by this Constitution: and the election of Governor shall, on the said last Wednesday in May, be determined and declared, in the same manner, as other elections of Governor are by this Constitution; and in case of vacancy in said office, the President of the Senate, and Speaker, of the House of Representatives, shall exercise the office as herein otherwise provided, and the Counsellors, Secretary and Treasurer, shall also be elected on said day, and have the same powers, and be subject to the same duties, as is provided in this Constitution; and in case of the death or other disqualification of the President of this Convention, or of the Secretary of State pro tempore, before the election and qualification of the Governor or Secretary of State under this Constitution, the persons to be designated by this Convention at their session in January next, shall have all the powers and perform all the duties, which the President of this Convention, or the Secretary pro tempore, to be by them appointed, shall have and perform.
Art. X §2 | DURATION OF THE FIRST LEGISLATURE
Art. X §3 | LAWS NOW IN FORCE CONTINUE UNTIL REPEALED
Art. X §4 | AMENDMENTS TO CONSTITUTION
Art. X §5 | PERSONS IN OFFICE TO CONTINUE TO HOLD THEIR OFFICES; PART OF A LAW OF MASSACHUSETTS MADE A PART OF THE CONSTITUTION
"SECT. 1 Whereas it has been represented to this Legislature, that a majority of the people of the District of Maine are desirous of establishing a separate and Independent Government within said District: Therefore,
"Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That the consent of this Commonwealth be, and the same is hereby given, that the District of Maine may be formed and erected into a separate and Independent State, if the people of the said District shall in the manner, and by the majority hereinafter mentioned, express their consent and agreement thereto, upon the following terms and conditions: And, provided the Congress of the United States shall give its consent thereto, before the fourth day of March next: which terms and conditions are as follows, viz." First.
All the lands and buildings belonging to the Commonwealth, within Massachusetts Proper, shall continue to belong to said Commonwealth, and all the lands belonging to the Commonwealth, within the District of Maine, shall belong, the one half thereof to the said Commonwealth, and the other half thereof, to the State to be formed within the said District, to be divided as is hereinafter mentioned; and the lands within the said District, which shall belong to the said Commonwealth, shall be free from taxation, while the title to the said lands remains in the Commonwealth; and the rights of the Commonwealth to their lands, within said District, and the remedies for the recovery thereof, shall continue the same, within the proposed State, and in the Courts thereof, as they now are within the said Commonwealth, and in the Courts thereof; for which purposes, and for the maintenance of its rights, and recovery of its lands, the said Commonwealth shall be entitled to all other proper and legal remedies, and may appear in the Courts of the proposed State and in the Courts of the United States, holden therein; and all rights of action for, or entry into lands, and of actions upon bonds, for the breach of the performance of the condition of settling duties, so called, which have accrued, or may accrue, shall remain in this Commonwealth, to be enforced, commuted, released, or otherwise disposed of, in such manner as this Commonwealth may hereafter,determine: Provided however, That, whatever this Commonwealth may hereafter receive or obtain on account thereof if any thing, shall, after deducting all reasonable charges relating thereto, be divided, one third part thereof to the new State, and two third parts thereof to this Commonwealth. "Second.
All the arms which have been received by this Commonwealth from the United States, under the law of Congress, entitled, "An act making provision for arming and equipping the whole body of militia of the United States, passed April the twenty- third, one thousand eight hundred and eight, shall, as soon as the said District shall become a separate State, be divided between the two States, in proportion to the returns of the militia, according to which, the said arms have been received from the United States, as aforesaid. "Third.
All money, stock, or other proceeds, hereafter derived from the United States, on account of the claim of this Commonwealth, for disbursements made, and expenses incurred, for the defence of the State, during the late war with Great Britain, shall be received by this Commonwealth, and when received, shall be divided between the two States, in the proportion of two thirds to this Commonwealth, and one third to the new State. "Fourth.
All other property, of every description, belonging to the Commonwealth shall be holden and receivable by the same, as a fund and security, for all debts, annuities, and Indian subsidies, or claims due by said Commonwealth; and within two years after the said District shall have become a separate State, the Commissioners to be appointed, as hereinafter provided, if the said States cannot otherwise agree, shall assign a just portion of the productive property, so held by said Commonwealth as an equivalent and indemnification to said Commonwealth, for all such debts, annuities, or Indian subsidies or claims, which may then remain due, or unsatisfied: and all the surplus of the said property, so holden, as aforesaid, shall be divided between the said Commonwealth and the said District of Maine, in the proportion of two thirds to the said Commonwealth, and one third to the said District-and if, in the judgment of the said Commissioners, the whole of said property, so held, as a fund and security, shall not be sufficient indemnification for the purpose, the said District shall be liable for and shall pay to said Commonwealth, one third of the deficiency. "Fifth.
The new State shall, as soon as the necessary arrangements can be made for that purpose, assume and perform all the duties and obligations of this Commonwealth, towards the Indians within said District of Maine, whether the same arise from treaties, or otherwise; and for this purpose shall obtain the assent of said Indians, and their release to this Commonwealth of claims and stipulations arising under the treaty at present existing between the said Commonwealth and said Indians; and as an indemnification to such new State, therefor, this Commonwealth, when such arrangements shall be completed, and the said duties and obligations assumed, shall pay to said new State, the value of thirty thousand dollars, in manner following, viz.: The said Commissioners shall set off by metes and bounds, so much of any part of the land, within the said District, falling to this Commonwealth, in the division of the public lands, hereinafter provided for, as in their estimation shall be of the value of thirty thousand dollars; and this Commonwealth shall, thereupon, assign the same to the said new State, or in lieu thereof, may pay the sum of thirty thousand dollars at its election; which election of the said Commonwealth, shall be made within one year from the time that notice of the doings of the Commissioners, on this subject, shall be made known to the Governor and Council; and if not made within that time, the election shall be with the new State. "Sixth.
Commissioners, with the powers and for the purposes mentioned in this act, shall be appointed in manner following: The Executive authority of each State shall appoint two; and the four so appointed, or the major part of them, shall appoint two more; but if they cannot agree in the appointment, the Executive of each State shall appoint one in addition; not however, in that case, to be a citizen of its own State. And any vacancy happening with respect to the Commissioners, shall be supplied in the manner provided for their original appointment; and, in addition to the powers herein before given to said Commissioners, they shall have full power and authority to divide all the public lands within the District, between the respective States, in equal shares, or moieties, in severalty, having regard to quantity, situation and quality; they shall determine what lands shall be surveyed and divided, from time to time, the expense of which surveys, and of the Commissioners, shall be borne equally by the two States. They shall keep fair records of their doings, and of the surveys made by their direction, copies of which records, authenticated by them, shall be deposited from time to time, in the archives of the respective States; transcripts of which, properly certified, may he admitted in evidence, in all questions touching the subject to which they relate. The Executive authority of each State may revoke the power of either or both its commissioners; having, however, first appointed a substitute, or substitutes, and may fill any vacancy happening with respect to its own Commissioners; four of said Commissioners shall constitute a quorum, for the transaction of business; their decision shall be final, upon all subjects within their cognizance. In case said commission shall expire, the same not having been completed, and either State shall request the renewal or filling up of the same, it shall be renewed or filled up in the same manner, as is herein provided for filling the same, in the first instance, and with the like powers; and if either State shall, after six months' notice, neglect or refuse to appoint its Commissioners, the other may fill up the whole commission. "Seventh.
All grants of land, franchises, immunities, corporate or other rights, and all contracts for, or grants of land not yet located which have been or may be made by the said Commonwealth, before the separation of said District shall take place, and having or to have effect within the said District, shall continue in full force, after the said District shall become a separate State. But the grant which has been made to the President and Trustees of Bowdoin College, out of the tax laid upon the Banks, within this Commonwealth, shall be charged upon the tax upon the Banks within the said District of Maine, and paid according to the terms of said grant; and the President and Trustees, and the Overseers of said College, shall have, hold and enjoy their powers and privileges in all respects; so that the same shall not be subject to be altered, limited, annulled or restrained, except by judicial process, according to the principles of law; and in all grants hereafter to be made, by either State, of unlocated land within the said District, the same reservations shall be made for the benefit of Schools, and of the Ministry, as have heretofore been usual, in grants made by this Commonwealth. And all lands heretofore granted by this Commonwealth, to any religious, literary, or eleemosynary corporation, or society, shall be free from taxation, while the same continues to be owned by such corporation, or society. "Eighth.
No laws shall be passed in the proposed State, with regard to taxes, actions, or remedies at law, or bars, or limitations thereof, or otherwise making any distinction between the lands and rights of property of proprietors not resident in, or not citizens of said proposed State, and the lands and rights of property of the citizens of the proposed State, resident therein; and the rights and liabilities of all persons, shall, after the said separation, continue the same as if the said District was still a part of this Commonwealth, in all suits pending, or judgments remaining unsatisfied on the fifteenth day of March next, where the suits have been commenced in Massachusetts Proper, and process has been served within the District of Maine; or commenced in the District of Maine, and process has been served in Massachusetts Proper, either by taking bail, making attachments, arresting and detaining persons, or otherwise, where execution remains to be done; and in such suits, the Courts within Massachusetts Proper, and within the proposed State, shall continue to have the same jurisdiction as if the said District had still remained a part of the Commonwealth. And this Commonwealth shall have the same remedies within the proposed State, as it now has, for the collection of all taxes, bonds, or debts, which may be assessed, due, made, or contracted, by, to, or with the Commonwealth, on or before the said fifteenth day of March, within the said District of Maine; and all officers within Massachusetts Proper and the District of Maine shall conduct themselves accordingly. "Ninth.
These terms and conditions, as here set forth, when the said District shall become a separate and Independent State, shall, ipso facto be incorporated into, and become and be a part of any Constitution, provisional or other under which the Government of the said proposed State, shall, at any time hereafter, be administered; subject however, to be modified, or annulled by the agreement of the Legislature of both the said States; but by no other power or body whatsoever."
Art. X §6 | CONSTITUTION TO BE ARRANGED BY CHIEF JUSTICE OF THE SUPREME JUDICIAL COURT; CONSTITUTION TO BE ENROLLED AND PRINTED WITH LAWS; SUPREME LAW OF THE STATE
Art. X §7 | ORIGINAL SECTIONS 1, 2, 5, OF ARTICLE X NOT TO BE PRINTED; SECTION 5 IN FULL FORCE
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