130th MAINE LEGISLATURE
FIRST REGULAR SESSION-2021
Legislative Document No. 1057
H.P. 786 House of Representatives, March 11, 2021
RESOLUTION, Proposing an Amendment to the Constitution of
Maine To Provide for the Popular Election of the Secretary of State
Reference to the Committee on State and Local Government suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative FAULKINGHAM of Winter Harbor.
Cosponsored by Representatives: DILLINGHAM of Oxford, FECTEAU of Augusta,
GRIGNON of Athens, JAVNER of Chester, NEWMAN of Belgrade, O'CONNOR of Berwick,
SKOLFIELD of Weld, THORNE of Carmel.
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 Constitutional referendum procedure; form of question; effective date.
16 Resolved: That the municipal officers of this State shall notify the inhabitants of their
17 respective cities, towns and plantations to meet, in the manner prescribed by law for holding
18 a statewide election, at a statewide election held in the month of November following the
19 passage of this resolution, to vote upon the ratification of the amendment proposed in this
20 resolution by voting upon the following question:
21 "Do you favor amending the Constitution of Maine to provide that the
22 Secretary of State be elected by the people biennially in the same manner
23 as members of the Senate and the House of Representatives?"
24 The legal voters of each city, town and plantation shall vote by ballot on this question
25 and designate their choice by a cross or check mark placed within the corresponding square
26 below the word "Yes" or "No." The ballots must be received, sorted, counted and declared
27 in open ward, town and plantation meetings and returns made to the Secretary of State in
28 the same manner as votes for members of the Legislature. The Governor shall review the
29 returns. If it appears that a majority of the legal votes are cast in favor of the amendment,
30 the Governor shall proclaim that fact without delay and the amendment becomes part of
31 the Constitution of Maine on the date of the proclamation.
32 Secretary of State shall prepare ballots. Resolved: That the Secretary of State
33 shall prepare and furnish to each city, town and plantation all ballots, returns and copies of
34 this resolution necessary to carry out the purposes of this referendum.
35 SUMMARY
36 This resolution proposes a constitutional amendment that provides for direct popular
37 election beginning in 2022 of the Secretary of State biennially in the manner currently
38 provided for Senators and Representatives.
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