State constitution
Constitution of Maine
Data from Maine Legislature
Full structure with condensed section text. Articles IV, V and VIII are divided into Parts (shown as separate entries). Article X's spent original sections 1, 2, 5 (omitted from printed copies) are summarized. Read the verbatim text at the source link.
Article Pr. Preamble
§ — Objects of government
The people of Maine, to establish justice, insure tranquility, provide for mutual defense, promote the common welfare, and secure liberty, and acknowledging God, ordain and establish this Constitution.
Article I Declaration of Rights
§ 1 Natural rights
All people are born equally free and independent with natural rights, including enjoying life and liberty, acquiring and protecting property, and pursuing safety and happiness.
§ 2 Power inherent in people
All power is inherent in the people, who have an unalienable right to institute, alter, reform, or totally change government when their safety and happiness require.
§ 3 Religious freedom; sects equal; religious tests prohibited
All have a natural right to worship according to conscience; no one is molested for their beliefs, no sect is preferred, and no religious test is required for office.
§ 4 Freedom of speech and publication; libel
Every citizen may freely speak, write, and publish on any subject, being responsible for abuse; no law restrains the press, and in libel cases the jury determines law and fact.
§ 5 Unreasonable searches prohibited
The people are secure from unreasonable searches and seizures; no warrant issues without probable cause, oath, and a description of the place and person or thing.
§ 6 Rights of persons accused
The accused has the right to be heard by counsel, to know the accusation, to confront witnesses, to compulsory process, to a speedy public impartial jury trial, and not to give evidence against themselves or be deprived of life, liberty, or property but by due process.
§ 6-A Discrimination against persons prohibited
No person shall be deprived of life, liberty, or property without due process, denied equal protection, or discriminated against in the exercise of civil rights.
§ 7 Indictment required for infamous crimes; juries
No person answers for a capital or infamous crime except on grand-jury indictment (with stated exceptions); the Legislature provides a fair mode of selecting juries.
§ 8 No double jeopardy
No person shall be twice put in jeopardy of life or limb for the same offense.
§ 9 Sanguinary laws; excessive bail; cruel punishments prohibited
Sanguinary laws shall not be passed; bail, fines, and punishments shall be moderate and proportioned, and no cruel or unusual punishment inflicted.
§ 10 Bailable offenses; habeas corpus
Before conviction all offenses are bailable except capital ones where proof is evident; the writ of habeas corpus shall not be suspended except in emergency for up to a limited time.
§ 11 Attainder, ex post facto, and contract-impairment laws
The Legislature shall pass no bill of attainder, ex post facto law, or law impairing the obligation of contracts.
§ 12 Treason; testimony of 2 witnesses
Treason consists only in levying war against the State or aiding its enemies, and conviction requires two witnesses to the same overt act or confession in open court.
§ 13 Suspension of laws
The laws shall not be suspended but by the Legislature or its authority.
§ 14 Corporal punishment under military law
No person shall be subject to corporal punishment under military law except those in actual service.
§ 15 Right of petition
The people have a right to assemble peaceably to consult for the common good, to instruct their representatives, and to petition for redress of grievances.
§ 16 To keep and bear arms
Every citizen has a right to keep and bear arms, and this right shall never be questioned.
§ 17 Standing armies
No standing army shall be kept in peacetime without the Legislature's consent; the military is in strict subordination to civil power.
§ 18 Quartering of soldiers
No soldier shall in peacetime be quartered in any house without the owner's consent, nor in war except as prescribed by law.
§ 19 Right of redress for injuries
Every person shall have a remedy by due course of law for injuries to person, reputation, property, or immunities, and justice administered freely, completely, and without delay.
§ 20 Trial by jury
In civil suits and controversies concerning property, trial by jury shall be held sacred, except where parties consent otherwise.
§ 21 Private property, when to be taken
Private property shall not be taken for public use without just compensation, nor unless the public exigencies require it.
§ 22 Taxes
No tax or duty shall be imposed without the consent of the people or their representatives in the Legislature.
§ 23 Title of nobility prohibited; tenure of offices
No title of nobility or hereditary distinction shall be granted, and offices shall not be created with unlimited or hereditary tenure.
§ 24 Other rights not impaired
The enumeration of certain rights shall not impair or deny others retained by the people.
§ 25 Right to food
All individuals have a natural, inherent, and unalienable right to grow, raise, harvest, produce, and consume the food of their own choosing.
Article II Electors
§ 1 Qualifications of electors; ballot
Every U.S. citizen 18 or older who has established residence may vote; voting is by written or printed ballot, and the Legislature may deny the vote to those under guardianship for mental illness.
§ 2 Electors exempt from arrests on election days
Electors are privileged from arrest on election days and going to and returning from elections, except for treason, felony, or breach of the peace.
§ 3 Exemption from military duty
No elector shall be obliged to do military duty on election day except in time of war or public danger.
§ 4 Time of state election; absentee voting
State elections are held on the Tuesday after the first Monday of November; the Legislature provides for absentee voting.
§ 5 Voting machines
The Legislature may authorize the use of voting machines or other devices for receiving, recording, and counting votes.
Article III Distribution of Powers
§ 1 Powers distributed
The powers of government are divided into three distinct departments: the legislative, executive, and judicial.
§ 2 To be kept separate
No person belonging to one department shall exercise any powers properly belonging to another, except as expressly directed or permitted.
Article IV.1 Legislative Power — House of Representatives (Part First)
§ 1 Legislative department; style of acts
The legislative power is vested in two branches, a House of Representatives and a Senate, together styled the Legislature, subject to the people's power of veto and initiative.
§ 2 Number of Representatives; biennial terms; districts
The House consists of 151 members elected biennially by district, apportioned according to population after each federal census.
§ 3 Submission of reapportionment plan
An apportionment commission submits a plan to divide the State into representative districts, subject to enactment and to review by the Supreme Judicial Court.
§ 4 Qualifications; residency requirement
A Representative must be a U.S. citizen at least 21, a State resident for one year, and a resident of the district at election.
§ 5 Election of Representatives; lists of votes
Representatives are elected by the qualified electors of each district, and the returns of votes are delivered as prescribed.
§ 6 Vacancies
Vacancies in the House are filled for the unexpired term by a new election as provided by law.
§ 7 To choose own officers
The House chooses its Speaker, Clerk, and other officers.
§ 8 Power of impeachment
The House has the sole power of impeachment.
Article IV.2 Legislative Power — Senate (Part Second)
§ 1 Number of Senators
The Senate consists of an odd number of not fewer than 31 nor more than 35 members elected biennially by district.
§ 2 Submission of reapportionment plan
The apportionment commission submits a plan dividing the State into senatorial districts, as nearly equal in population as practicable, subject to court review.
§ 3 Election of Senators; lists of votes
Senators are elected by the qualified electors of each district, and the returns are delivered as prescribed.
§ 4 Lists of votes examined by Governor
The Governor examines the returns and summons the persons appearing to be elected.
§ 5 Determination of Senators elected; vacancies
The Senate determines who is elected and provides for filling vacancies for the unexpired term.
§ 6 Qualifications
A Senator must be 25 at the commencement of the term, a U.S. citizen, and a State and district resident as required.
§ 7 To try impeachments
The Senate tries all impeachments, on oath, with judgment limited to removal and disqualification from office.
§ 8 To choose own officers
The Senate chooses its President, Secretary, and other officers.
Article IV.3 Legislative Power — Provisions Applicable to Both Houses (Part Third)
§ 1 To meet annually; power to convene
The Legislature convenes in regular session and may convene itself in special session as provided.
§ 1-A Apportionment Commission
The Legislature establishes a bipartisan Apportionment Commission to develop plans for congressional and legislative districts after each census.
§ 2 Bills to be signed by the Governor; veto
Every bill passed is presented to the Governor, who may sign or veto it; the Legislature may override a veto by a two-thirds vote of each house.
§ 2-A Line-item veto of appropriations
The Governor may strike or reduce dollar amounts in appropriation or allocation bills, subject to legislative reconsideration.
§ 3 Each House judge of its elections; quorum
Each house judges the elections and qualifications of its members, and a majority constitutes a quorum.
§ 4 May punish and expel members
Each house may determine its rules, punish members for disorderly behavior, and expel a member by a two-thirds vote.
§ 5 Shall keep a journal; yeas and nays
Each house keeps and publishes a journal, entering the yeas and nays on any question at the desire of members.
§ 6 May punish for contempt
Each house may punish by imprisonment any person not a member for contempt or disorderly conduct in its presence.
§ 7 Compensation; traveling expenses
Members receive compensation and travel expenses fixed by law.
§ 8 Members exempt from arrest; freedom of debate
Members are privileged from arrest during sessions except for serious crimes, and are not questioned elsewhere for words spoken in debate.
§ 9 Either House may originate bills; revenue bills
Bills may originate in either house, but revenue bills originate in the House of Representatives, which the Senate may amend.
§ 10 Members not appointed to certain offices
No member may, during their term, be appointed to a civil office created or whose emoluments were increased during that term.
§ 11 Persons disqualified to be members
No member of Congress or person holding an incompatible office may serve in the Legislature.
§ 12 Adjournments
Neither house may adjourn for more than two days without the other's consent.
§ 13 Special legislation
The Legislature shall from time to time provide by general laws for cases where uniform legislation can serve, restraining special legislation.
§ 14 Corporations formed under general laws
Corporations shall be formed under general laws, not special acts, except for municipal purposes.
§ 15 Constitutional conventions
The Legislature may by a two-thirds vote call a convention to revise or amend the Constitution, subject to the people's approval.
§ 16 Effective date of acts; emergencies
Acts take effect 90 days after recess, except emergency measures immediately necessary for public peace, health, or safety.
§ 17 People's veto
Electors may by petition suspend and put to referendum an act of the Legislature (the people's veto).
§ 18 Direct initiative of legislation
Electors may propose laws by initiative petition, to be submitted to the Legislature and, if not enacted, to the people.
§ 19 Effective date of measures approved by people
Measures approved by the people take effect 30 days after the Governor's proclamation and are not subject to veto.
§ 20 Meaning of terms; petition procedures
Defines 'electors,' 'people,' 'recess,' and related terms and prescribes the procedures for initiative and referendum petitions.
§ 21 Municipal direct initiative and referendum
A city council may establish the direct initiative and people's veto for municipal ordinances.
§ 22 Election officers
Election officers and officials are governed as provided until the Legislature otherwise directs.
§ 23 Municipalities reimbursed annually
The Legislature shall annually reimburse municipalities for a share of property tax revenue lost through state-mandated exemptions.
Article V.1 Executive Power — Governor (Part First)
§ 1 Governor
The supreme executive power is vested in a Governor.
§ 2 Term of office; reelection
The Governor is elected for four years and may not serve more than two consecutive terms.
§ 3 Election; returns to Secretary of State
The Governor is elected by the qualified electors, the returns being made to the Secretary of State and the result determined as provided.
§ 4 Qualifications
The Governor must be at least 30, a U.S. citizen for 15 years, and a State resident for five years at the commencement of the term.
§ 5 Disqualifications
No person holding a federal office or a seat in Congress may serve as Governor.
§ 6 Compensation
The Governor receives compensation fixed by law, not changed during the term.
§ 7 Commander in chief
The Governor is commander in chief of the State's army, navy, and militia, except when called into federal service.
§ 8 To appoint officers
The Governor nominates and, with the advice and consent of the Legislature or Senate as provided, appoints judicial and other officers.
§ 9 To give information and recommend measures
The Governor gives the Legislature information on the state of affairs and recommends measures.
§ 10 May require information of officers
The Governor may require written information from executive officers on any subject relating to their duties.
§ 11 Power to pardon and remit penalties
The Governor may remit forfeitures and penalties and grant reprieves, commutations, and pardons after conviction, on conditions and with reasons reported.
§ 12 Shall enforce the laws
The Governor shall take care that the laws are faithfully executed.
§ 13 Convene and adjourn the Legislature
The Governor may convene the Legislature on extraordinary occasions and adjourn it in case of disagreement on adjournment.
§ 14 Vacancy, how supplied
On a vacancy in the office of Governor, the President of the Senate, then the Speaker, then others in the statutory line, succeeds or acts as Governor.
§ 15 Temporary disability of Governor
Provides procedures for determining and acting during the temporary mental or physical disability of the Governor.
Article V.2 Executive Power — Secretary of State (Part Second)
§ 1 Election
The Secretary of State is chosen biennially by joint ballot of the Legislature.
§ 1-A Succession to the office
Provides for filling a vacancy in the office of Secretary of State.
§ 2 Records of State; deputies
The Secretary keeps the records of the State and may appoint deputies.
§ 3 Attend Governor and Legislature
The Secretary attends the Governor, Senate, and House when required.
§ 4 Records of executive and legislative departments
The Secretary keeps regular records of the official acts of the executive and legislative departments.
Article V.3 Executive Power — Treasurer (Part Third)
§ 1 Election
The Treasurer is chosen biennially by joint ballot of the Legislature.
§ 1-A Succession to the office
Provides for filling a vacancy in the office of Treasurer.
§ 2 Bond
The Treasurer gives bond before entering on the duties of office.
§ 3 Not to engage in trade
The Treasurer shall not engage in trade or commerce during the term.
§ 4 No money drawn except upon appropriation
No money is drawn from the treasury except upon an appropriation or allocation made by law.
§ 5 Bonding regulations
Regulates the issuance of bonds and prohibits the use of bond proceeds for other purposes.
Article VI Judicial Power
§ 1 Courts
The judicial power is vested in a Supreme Judicial Court and such other courts as the Legislature establishes.
§ 2 Compensation
Justices and judges receive compensation fixed by law, not diminished during their term.
§ 3 To give opinion when required
The Justices give their opinion on important questions of law when required by the Governor, Senate, or House.
§ 4 Tenure of judicial officers
Justices and judges hold office for seven years and until a successor qualifies, with a limited holdover period.
§ 5 Limitation on holding other office
No Justice of the Supreme Judicial Court shall hold any other office under the State or United States.
§ 6 Judges and registers of probate
Judges and registers of probate are elected by the people of their counties, with vacancies filled as provided.
Article VII Military
§ 1 Officers, how appointed
Commissioned officers of the militia are appointed by the Governor as provided by law.
§ 2 Qualifications and selection
The Legislature provides by law for the qualifications and selection of militia officers.
§ 3 Adjutant General
The Adjutant General is appointed by the Governor and performs duties prescribed by law.
§ 4 Standard of organization
The militia is organized, armed, and disciplined by the standard prescribed under federal law.
§ 5 Persons exempt from military duty
Persons conscientiously opposed to bearing arms are exempt from military duty on conditions prescribed by law.
Article VIII.1 Education (Part First)
§ 1 Legislature to require support of public schools
The Legislature shall require towns to support public schools and encourage the promotion of education and public institutions.
§ 2 Bonds for student loans
Authorizes the State to pledge its credit and issue bonds to guarantee loans to Maine students in higher education.
Article VIII.2 Municipal Home Rule (Part Second)
§ 1 Power of municipalities to amend charters
The inhabitants of any municipality have the power to alter and amend their charters on local matters not prohibited by the Constitution or general law.
§ 2 Construction of buildings for industrial use
Municipalities may, as authorized, provide for the construction of buildings for industrial and manufacturing use.
Article IX General Provisions
§ 1 Oaths and subscriptions
Every person elected or appointed to office takes an oath to support the U.S. and State Constitutions and to discharge their duties faithfully.
§ 2 Incompatible offices
No person may hold incompatible offices, and election to Congress vacates a state office as provided.
§ 3 Commissions
All commissions are issued in the name of the State, signed by the Governor, and attested by the Secretary of State.
§ 4 Elections in January
Certain officers begin their terms on the first Wednesday after the first Tuesday of January.
§ 5 Removal by impeachment or address
Officers may be removed by impeachment or by the Governor on the address of both houses of the Legislature.
§ 6 Tenure of office
The tenure of offices not otherwise provided for is fixed by the Legislature.
§ 7 Valuation
The Legislature provides for an equal valuation of estates as the basis of assessing public expenses.
§ 8 Taxation
All taxes on real and personal estate are apportioned and assessed equally according to a just valuation; the Legislature may classify and provide current-use valuation for certain lands.
§ 9 Power of taxation
The Legislature shall never surrender or suspend the power of taxation, nor exempt property except as authorized.
§ 10 Tenure of sheriffs
Sheriffs are elected by the people of their counties, and may be removed by the Governor for cause.
§ 11 Attorney General
The Attorney General is chosen biennially by joint ballot of the Legislature.
§ 12 Voting districts
The Legislature may authorize the division of towns into voting districts for elections.
§ 13 Bribery at elections
The Legislature may enact laws excluding from office and suffrage persons convicted of bribery at elections.
§ 14 Authority and procedure for bonds
The credit of the State may be pledged and bonds issued only as authorized, generally requiring a two-thirds legislative vote and stating the purpose.
§ 14-A Insurance of industrial and related loans
Authorizes the State to insure industrial, manufacturing, fishing, and agricultural mortgage loans within stated limits.
§ 14-B Insurance of Maine School Building Authority bonds
Authorizes insuring revenue bonds of the Maine School Building Authority.
§ 14-C Insurance of Indian housing mortgage loans
Authorizes insuring mortgage loans for Indian housing within stated limits.
§ 14-D Insurance of veterans' mortgage loans
Authorizes insuring Maine veterans' mortgage loans within stated limits.
§ 15 Municipal borrowing
Municipal borrowing is regulated by the Legislature through general law.
§ 16 Seat of government
Augusta is declared to be the seat of government of the State.
§ 17 Continuity of government in case of enemy attack
The Legislature may provide for the continuity of government and temporary succession of officers in an emergency caused by enemy attack.
§ 18 Limitation on use of retirement system funds
Funds of the Maine State Retirement System are held in trust for members and may not be diverted.
§ 18-A Funding of retirement benefits
Requires funding of retirement benefits under the Maine Public Employees Retirement System on an actuarially sound basis.
§ 18-B Payment of unfunded liabilities
Requires the retirement of the unfunded liabilities of the retirement system within a fixed period.
§ 19 Limitation on use of highway funds
Revenue from motor vehicle taxes and fees is used solely for highway and related transportation purposes.
§ 20 Mining Excise Tax Trust Fund
The principal of the Mining Excise Tax Trust Fund is held in trust and used as prescribed by law.
§ 21 State mandates
The State must fund at least 90 percent of the cost of new programs or expanded services it mandates on local governments.
§ 22 Revenues from fisheries and wildlife
Revenues generated by fisheries and wildlife management are used for those purposes.
§ 23 State park land
State park land and public lots may be reduced or their uses substantially altered only by a two-thirds vote of the Legislature.
§ 24 Reapportionment of congressional districts
Congressional districts must be reapportioned after each federal census as provided.
§ 25 Apportionment of county commissioner districts
County commissioner districts are apportioned as nearly equal in population as practicable.
Article X Additional Provisions
§ 1 Spent original provision
An original 1820 transitional provision, now omitted from printed copies as spent (see section 7).
§ 2 Spent original provision
An original 1820 transitional provision, now omitted from printed copies as spent (see section 7).
§ 3 Laws now in force continue until repealed
All laws in force and not repugnant to this Constitution remain in force until altered, repealed, or expired by their own limitation.
§ 4 Amendments to Constitution
The Legislature by a two-thirds vote of both houses may propose amendments, which become part of the Constitution if approved by a majority of electors voting on the question.
§ 5 Spent original provision (in full force)
An original 1820 provision, omitted from printed copies but remaining in full force as part of the Constitution (see section 7).
§ 6 Constitution to be arranged by Chief Justice
The Chief Justice arranges the amended Constitution under proper titles, parts, and sections, omitting spent provisions, for legislative approval every ten years.
§ 7 Original sections 1, 2, 5 not to be printed
Original sections 1, 2, and 5 of this article are omitted from printed copies without impairing their validity, and section 5 remains in full force.
Full, verbatim text at Maine Legislature