The State Constitutions and the Federal Constitution: And Organic Laws of ...

The vote shall be taken by regiments when it can conveniently be done; when not so convenient, any detachment or part of a regiment, not less than twenty in number, and any battery or part thereof numbering twenty or more, shall be entitled to vote wherever they may be. The three ranking officers of such regiment, battalion, battery, company, or part of either, as the case may be, geting as such on the day of election, shall be supervisors of elections. If no officers, then three non-commissioned officers according to their seniority shall be such supervisors. If any officer or non-commissioned officer shall neglect or refuse to act, the next in rank shall take his place. In case there are no officers or non-commissioned officers present, or if they or either of them refuse to act, the electors present, not less than twenty, may choose, by written ballot, enough of their own number, not exceeding three, to fill the vacancies, and the persons so chosen shall be supervisors of elections. All supervisors shall be first sworn to support the constitution of the United States and of this State, and faithfully and impartially to perform the duties of supervisors of elections. Each is authorized to administer the necessary oath to the others; and certificates thereof shall be annexed to the lists of votes by them to be made and returned into the office of the secretary of State of this State as hereinafter provided. The polls shall be opened and closed at such hours as the supervisors, or a majority of them, shall direct; provided, however, that due notice and suffiient time shall be given for all voters in the regiment, battalion, battery, detachment, company, or part of either, as the case may be, to vote. Regimental and field officers shall be entitled to vote with their respective commands. When not in actual command, such officers, and also all general and staff offiers, and all surgeons, assistant surgeons, and chaplains, shall be entitled to ote at any place where polls are opener. The supervisors of elections shall prepare a ballot box or other suitable receptacle for the ballots. Upon one side every ballot shall be printed or written the name of the county, and also of the city, town or plantation of this State, in which is the residence of the pers proposing to vote. Upon the other side shall be the name or names of the persons to be voted for, and the office or offices which he or they are intended fill. And before receiving any vote, the supervisors, or a majority of them, nst be satisfied of the age and citizenship of the person claiming to vote, that he has in fact a residence in the county, city, town or plantation which is printed or written on the vote offered by him. If his right to vote is challenged, they may require him to make true answers, upon oath, to all intergatories touching his age, citizenship, residence, and right to vote, and shall hear any other evidence offered by him, or by those who challenge his right. They shall keep correct poll-lists of the names of all persons allowed to vote, and of their respective places of residence in this State, and also the number of the regiment and company or battery to which they belong; which lists shall he certified by them, or by a majority of them, to be correct, and that such residence is in accordance with the indorsement of the residence of each voter on his vote. They shall check the name of every person before he is allowed to vote, and the check-mark shall be plainly made against his name on the poll-lists. They shall sort, count and publicly declare the votes at the head of their respective commands on the day of election, unless prevented by the public enemy, and in that case as soon thereafter as may be: and on the same day of said declaration they shall form a list of the persons voted for, with the number of votes for each person against his name, and the office which he was intended to fill, and shall sign and seal up such list and cause the same, Together with the poll-lists aforesaid, to be delivered into the office of the secretary of state aforesaid, on or before the first day of December, in the year one thousand eight hundred and sixty-four, and on or before the fifteenth day of November annually thereafter forever. The legislature of this State may pass any law additional to the foregoing provisions, if any shall, in practice. be found necessary in order more fully to carry into effect the purpose thereof.3

The original section consisted of the first sentence only; the rest of the section is an amendment proposed by a resolution of March 24, 1864, and ratified at the SepUmber town meetings of 1864. Biennial elections were established in 1880 by Amendment, Article XXIII.

without the consent of the owner or occupant, nor in time of war, but in a manner to be prescribed by law.

SEC. 19. Every person, for an injury done him in his person,-reputation, property or immunities, shall have remedy by due course of law; and right and justice shall be administered freely and without sale, completely and without denial, promptly and without delay.

SEC. 20. In all civil suits, and in all controversies concerning property, the parties shall have a right to a trial by jury, except in cases where it has here tofore been otherwise practiced; the party claiming the right may be heard by himself and his counsel, or either, at his election.

SEC. 21. Private property shall not be taken for public uses without just compensation; nor unless the public exigencies require it.

SFC. 22. No tax or duty shall be imposed without the consent of the people! or of their representatives in the Legislature.

SEC. 23. No title of nobility or hereditary distinction, privilege, honor or emolument, shall ever be granted or confirmed, nor shall any office be created] the appointment to which shall be for a longer time than during good behavior! SEC. 24. The enumeration of certain rights shall not impair nor deny others retained by the people.

ARTICLE II.
ELECTORS.

SECTION 1. Every male citizen of the United States of the age of twenty one years and upwards, excepting paupers, persons under guardianship, and Indians not taxed, having his residence established in this State for the term of three months next preceding any election, shall be an elector for Governor Senators and Representatives, in the town or plantation where his residence is so established; and the elections shall be by written ballot. But persons in the military, naval or marine service of the United States, or this State, shall not be considered as having obtained such established residence by being sta tioned in any garrison, barrack, or military place, in any town or plantation; nor shall the residence of a student at any seminary of learning entitle him to the right of suffrage in the town or plantation where such seminary is established. No person, however, shall be deemed to have lost his residence by reason of his absence from the State in the military service of the United States, or of this State.2

SEC. 2. Electors shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest on the days of election, during their attendance at, going to, and returning therefrom.

SEC. 3. No elector shall be obliged to do duty in the militia on any day of election, except in time of war or public danger,

SEC. 4. The election of Governor, Senators and Representatives shall be ou the second Monday of September annually forever. But citizens of the State absent therefrom in the military service of the United States or of this State. and not in the regular army of the United States, being otherwise qualified electors, shall be allowed to vote on Tuesday next after the first Monday of November, in the year of our Lord one thousand eight hundred and sixty-four. for governor and senators, and their votes shall be counted and allowed in the same manner, and with the same effect, as if given on the second Monday of September in that year. And they shall be allowed to vote for governor, sena tors and representatives on the second Monday of September annually thereafter forever, in the manner herein provided. On the day of election a poli shall be opened at every place without this State where a regiment, battalion. battery, company, or detachment of not less than twenty soldiers from the State of Maine, may be found or stationed, and every citizen of said State of the age of twenty-one years, in such military service, shall be entitled to vote as aforesaid; and he shall be considered as voting in the city, town, plantation and county in this State where he resided when he entered the service

2 Amended by the addition of the last sentence by a resolution of March 24 1864, ratified at the September town meetings of 1864. See Amendments, Articl

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and field officers shall be entitled to vote with their respective commands. When not in actual command, such officers, and also all general and staff offieers, and all surgeons, assistant surgeons, and chaplains, shall be entitled to vote at any place where polls are opened. The supervisors of elections shall prepare a ballot box or other suitable receptacle for the ballots. Upon one side every ballot shall be printed or written the name of the county, and also of the city, town or plantation of this State, in which is the residence of the per* proposing to vote. Upon the other side shall be the name or names of the persons to be voted for, and the office or offices which he or they are intended to fill. And before receiving any vote, the supervisors, or a majority of them, must be satisfied of the age and citizenship of the person claiming to vote, and that he has in fact a residence in the county, city, town or plantation which is printed or written on the vote offered by him. If his right to vote is challenged, they may require him to make true answers, upon oath, to all interrogatories touching his age, citizenship, residence, and right to vote, and shall hear any other evidence offered by him, or by those who challenge his right. They shall keep correct poll-lists of the names of all persons allowed to vote. and of their respective places of residence in this State, and also the number of the regiment and company or battery to which they belong; which lists shall The certified by them, or by a majority of them, to be correct, and that such residence is in accordance with the indorsement of the residence of each voter on his vote. They shall check the name of every person before he is allowed to vote, and the check-mark shall be plainly made against his name on the poll-lists. They shall sort, count and publicly declare the votes at the head of their respective commands on the day of election, unless prevented by the public enemy, and in that case as soon thereafter as may be; and on the same day of said declaration they shall form a list of the persons voted for, with the number of votes for each person against his name, and the office which he was intended to fill, and shall sign and seal up such list and cause the same, Together with the poll-lists aforesaid, to be delivered into the office of the secretary of state aforesaid, on or before the first day of December, in the year one thousand eight hundred and sixty-four, and on or before the fifteenth day of November annually thereafter forever. The legislature of this State may pass any law additional to the foregoing provisions, if any shall, in practice, * found necessary in order more fully to carry into effect the purpose thereof.3

* The original section consisted of the first sentence only; the rest of the section is an amendment proposed by a resolution of March 24, 1864. and ratified at the SepUber town meetings of 1864. Biennial elections were established in 1880 by Amendment, Article XXIII.

ARTICLE III.

DISTRIBUTION OF POWERS.

SECTION 1. The powers of this government shall be divided into three dis tinct departments, the Legislative, Executive and Judicial.

SEC. 2. No person or persons, belonging to one of these departments, shall exercise any of the powers properly belonging to either of the others, except in the cases herein expressly directed or permitted.

ARTICLE IV.-PART FIRST.

LEGISLATIVE POWER-HOUSE OF REPRESENTATIVES.

SECTION 1. The legislative power shall be vested in two distinct branches a House of Representatives, and a Senate, each to have a negative on the other and both to be styled the Legislature of Maine and the style of their acts am laws, shall be, "Be it enacted by the Senate and House of Representatives Legislature assembled."4

SEC. 2. The House of Representatives shall consist of one hundred an fifty-one members, to be elected by the qualified electors, for one year from th day next preceding the annual meeting of the Legislature. The Legislatur which shall first be convened under this Constitution, shall, on or before th fifteenth day of August, in the year of our Lord, one thousand eight hundre and twenty-one, and the Legislature, within every subsequent period of at mos ten years, and at least five, cause the number of the inhabitants of the Staf to be ascertained, exclusive of foreigners not naturalized and Indians not taxe The number of representatives shall, at the several periods of making su enumeration, be fixed and apportioned among the several counties as near may be, according to the number of inhabitants, having regard to the relati increase of population. The number of representatives shall, on said fir apportionment, be not less than one hundred nor more than one hundred an fifty.5

SEC. 3. Each town having fifteen hundred inhabitants may elect one re resentative; each town having three thousand seven hundred and fifty ma elect two; each town having six thousand seven hundred and fifty may ele three; each town having ten thousand five hundred may elect four; each tow having fifteen thousand may elect five; each town having twenty thousand tw hundred and fifty may elect six; each town having twenty-six thousand tw hundred and fifty may elect seven; but no town shall ever be entitled to mor than seven representatives; and towns and plantations duly organized, not hav ing fifteen hundred inhabitants, shall be classed, as conveniently as may b into districts containing that number, and so as not to divide towns; and eac such district may elect one representative; and, when on this apportionmen the number of representatives shall be two hundred, a different apportionmen shall take place upon the above principle; and, in case the fifteen hundred shal be too large or too small to apportion all the representatives to any county, I

✦ Amended in 1908 by Article XXXI of the Amendments.

Amended by a resolution proposed by the legislature on Apr. 16, 1841, ratified on Sept. 13, 1841, and declared adopted on Mch. 17, 1842. The amendment proposed by this resolution and declared adopted is in precisely the words of section 2 as given above. In addition to this amendment, however, the resolution of April 16, 1841, preposed the following modifications of other provisions of the constitution:

"That the Constitution of this State be amended, in article second, section fourth article fourth, section fifth, part first; article fourth, section fifth, part second; article fourth, section first, part third; article fifth, section second, part second; article fifth section first, part third; article fifth, section first, part fourth; article ninth, section fourth, and article tenth, section fourth, by substituting in each of said articles and sections, the word 'biennial' for the word 'annual'; and article fifth, section second part first, shall be amended by substituting the words 'two years', for 'one year', and next after the biennial election', for 'in each year', and article fifth, section second part first, shall be amended by substituting 'two years' for 'one year,' and 'biennial for 'annual'; so that each of the officers named in said sections shall be elected for and hold their offices two years instead of one year, and the Legislature meet bienially instead of annually."

This language is not included in the resolution declaring the amendment adopted and it apparently was not made a part of the constitution at this time.

Section 2 was subsequently modified by Amendments, Articles XXIII and XXV.

shall be so increased or diminished as to give the number of representatives recording to the above rule and proportion; and whenever any town or towns, plantation or plantations not entitled to elect a representative shall determine against a classification with any other town or plantation, the Legislature may, at each apportionment of representatives, on the application of such town ar plantation, authorize it to elect a representative for such portion of time and such periods, as shall be equal to its portion of representation; and the right of representation, so established, shall not be altered until the next general apportionment.6

SEC. 4. No person shall be a member of the House of Representatives. unless he shall, at the commencement of the period for which he is elected, have wen five years a citizen of the United States, have arrived at the age of twenty-one years, have been a resident in this State one year, or from the adoption of this constitution; and for the three months next preceding the time of his election shall have been, and, during the period for which he is elected, shall continue to be a resident in the town or district which he represents.

SEC. 5. The meetings within this State for the choice of representatives shall be warned in due course of law by the selectmen of the several towns ven days at least before the election, and the selectmen thereof shall preside mpartially at such meetings, receive the votes of all the qualified electors pres, sort, count and declare them in open town meeting, and in the presence of the town clerk, who shall form a list of the persons voted for, with the number of votes for each person against his name, shall make a fair record thereof the presence of the selectmen and in open town meeting. And the towns nl plantations organized by law, belonging to any class herein provided, shall held their meetings at the same time in the respective towns and plantations; the town and plantation meetings in such towns and plantations shall be tified, held and regulated, the votes received, sorted, counted and declared the same manner. And the assessors and clerks of plantations shall have the powers, and be subject to all the duties, which selectmen and town kerks have, and are subject to by this Constitution. And fair copies of the lists of votes shall be attested by the selectmen and town clerks of towns, and the assessors of plantations, and sealed up in open town and plantation meetings; and the town and plantation clerks respectively shall cause the same to be delivered into the secretary's office thirty days at least before the first Wednesday of January annually. And the governor and council shall examine be returned copies of such lists, and also all lists of votes of citizens in the military service, returned to the secretary's office, as provided in article second, tion four, of this constitution; and twenty days before the said first Wednesday of January, annually, shall issue a summons to such persons as shall appear to be elected by a plurality of all the votes returned, to attend and take their seats. But all such lists shall be laid before the house of representatives on the first Wednesday of January annually, and they shall finally determine who are elected. The electors resident in any city may, at any meeting duly notified

Modified in substance as to the membership of the house of representatives by the resolution of April 16, 1841. See Note No. 5.

The foregoing part of section 5 was amended by a resolution of March 19, 1944, ratified at the annual September town meetings of 1844 and declared adopted March 26, 1845; also by a resolution proposed by the legislature on August 21, 1950, ratified at the annual September town meetings of 1850, and declared adopted on May 30, 1851; also by the resolution adopted on Mch. 24, 1864, and ratified at the nual September town meetings of 1864. Modified by Articles XXIII and XXV of the Amendments. The wording of the declaratory resolution of 1845 is as follows: That the fifth section, article fourth, part first; the third, fourth and fifth sections, article fourth, part second; the first section, article fourth, part third; the second and third sections, article fifth, part first; the second section, article fifth, part second; nd the fourth section, article ninth, of the constitution, are so far altered or amenddas that the words, the second Wednesday of May' are substituted for the words The first Wednesday of January' in each of said sections; and the provisions of the Constitution are so far altered or amended as that the governor and other state offiselected for the political year commencing on the first Wednesday of January, in the year of our Lord one thousand eight hundred and forty-five, shall hold their offices fill the second Wednesday of May, in the year of our Lord one thousand eight hundred and forty-six."

The text of the declaratory resolution of 1851 is as follows: "That the fifth

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