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hours after the close of the polls. And the electors resident in any city may at any meetings duly notified and holden for the choice of any other civil officers for whom they have been required heretofore to vote in town meeting, vote for such officers in their respective wards, and the same proceedings shall be had by the warden and ward clerk in each ward, as in the case of votes for representatives. And the aldermen of any city shall be in session within twenty-four hours after the close of the polls in such meetings, and in the presence of the city clerk shall open, examine and compare the copies from the lists of votes given in the several wards, of which the city clerk shall make a record, and return thereof shall be made into the Secretary of State's office in the same manner as selectmen of towns are required to do.
SEC. 6. Whenever the seat of a member shall be vacated by Vacancies to be death, resignation, or otherwise, the vacancy may be filled by a new election.
SEC. 7. The House of Representatives shall choose their House to choose speaker, clerk and other officers.
its own officers.
SEC. 8. The House of Representatives shall have the sole Power of impower of impeachment.
ARTICLE IV.-PART SECOND.
SEC. 1. The Senate shall consist of not less than twenty, nor more than thirty-one members, elected at the same time, and for the same term, as the representatives, by the qualified electors of the districts into which the State shall from time to time be divided.
SEC. 2. The Legislature, which shall be first convened under this Constitution, shall, on or before the fifteenth day of August in the year of our Lord, one thousand eight hundred and twentyone, and the Legislature at every subsequent period of ten years, cause the State to be divided into districts for the choice of senators. The districts shall conform, as near as may be, to county lines, and be apportioned according to the number of inhabitants. The number of senators shall not exceed twenty at the first apportionment, and shall at each apportionment be increased, until they shall amount to thirty-one, according to the increase in the House of Representatives.
Senate to consist
of not less than 20
nor more than 31.
7 Maine, 489.
State to be dis
tricted once in
Districts, how to
18 Maine, 458.
choice of senators.
SEC. 3. The meetings within this state for the election of sena- Meetings for tors shall be notified, held and regulated, and the votes received, sorted, counted, declared and recorded, in the same manner as those for representatives. And fair copies of the list of votes Amendment, shall be attested by the selectmen and town clerks of towns, and the assessors and clerks 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 Electors in unin- January. All other qualified electors, living in places unincorporated, who shall be assessed to the support of the government by the assessors of an adjacent town, shall have the privilege of voting for senators, representatives and governor in such town; and shall be notified by the selectmen thereof for that purpose accordingly.
Votes to be examined by the governor and council.
64 Maine, 588. Amendment,
art x. Resolve
of March 24, 1864.
Amended by Re
solve of Feb. 24, 1875.
Senate to decide
as to the election of its members.
Amended in pur
suance of Resolve
Senate to try impeachment.
Limitation of judgment.
Party liable to be tried and punished.
Senate to choose
SEC. 4. The Governor and Council shall, as soon as may be, examine the returned copies of such lists, and also the lists of votes of citizens in the military service, returned into the secretary's office, and twenty days before the said first Wednesday of January, issue a summons to such persons, as shall appear to be elected by a plurality of the votes for each district, to attend that day and take their seats.
SEC. 5. The Senate shall, on the said first Wednesday of January, annually, determine who are elected by a plurality of votes to be senators in each district; and in case the full number of senators to be elected from each district shall not have been so elected, the members of the house of representatives and such senators, as shall have been elected, shall, from the highest numbers of the persons voted for, on said lists, equal to twice the number of senators deficient, in every district, if there be so many voted for, elect by joint ballot the number of senators required; and in this manner all vacancies in the Senate shall be supplied as soon as may be, after such vacancies happen.
SEC. 6. The senators shall be twenty-five years of age at the commencement of the term, for which they are elected, and in all other respects their qualifications shall be the same, as those of the representatives.
SEC. 7. The Senate shall have the sole power to try all imimpeachments, and when sitting for that purpose shall be on oath or affirmation, and no person shall be convicted without the concurrence of two-thirds of the members present. Their judgment, however, shall not extend farther than to removal from office, and disqualification to hold or enjoy any office of honor, trust or profit under this State. But the party, whether convicted or acquitted, shall nevertheless be liable to indictment, trial, judgment and punishment according to law.
SECT. 8. The Senate shall choose their president, secretary and other officers.
ARTICLE IV.-PART THIRD.
SEC. 1. The Legislature shall convene on the first Wednesday Legislature to of January, annually, and shall have full power to make and establish all reasonable laws and regulations for the defence and benefit of the people of this State, not repugnant to this Constitution, nor to that of the United States. (a)
by the governor.
case he disap
SEC. 2. Every bill or resolution having the force of law, to Acts to be signed which the concurrence of both houses may be necessary, except on a question of adjournment, which shall have passed both houses, shall be presented to the Governor, and if he approve, he shall sign it; if not, he shall return it with his objections to the house, in which it shall have originated, which shall enter the objections at large on its journals, and proceed to reconsider it. If after such reconsideration, two-thirds of that house shall agree to pass it, it shall be sent together with the objections, to the other house, by which it shall be reconsidered, and, if approved by two-thirds of that house, it shall have the same effect, as if it had been signed by the Governor; but in all such cases, the votes of both houses shall be taken by yeas and nays, and the names of the persons, voting for and against the bill or resolution, shall be entered on the journals of both houses respectively. If the bill or resolution shall not be returned by the Governor within five days, (Sundays excepted) after it shall have been presented to him, it shall have the same force and effect, as if he had signed it, unless the Legislature, by their adjournment prevent its return, in which case it shall have such force and effect, unless returned within three days after their next meeting.
Bills to be return
ed by him in five
Each house to judge of election. Majority a
SEC. 3. Each house shall be the judge of the elections and qualifications of its own members, and a majority shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner, and under such penalties as each house shall provide. SEC. 4. Each house may determine the rules of its proceedings, May punish and punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member, but not a second time for the
SEC. 5. Each house shall keep a journal, and from time to time To keep a journal. publish its proceedings, except such parts as in their judgment
may require secrecy; and the yeas and nays of the members of Yeas and nays.
(a). 3 Maine, 326. 4 Maine, 140. 6 Maine, 412. 9 Maine, 54. 11 Maine, 208. 12 Maine, 354. 16 Maine, 479. 31 Maine, 9, 360. 32 Maine, 343, 526. 33 Maine, 558, 587. 35 Maine, 319. 37 Maine, 156. 39 Maine, 258. 42 Maine, 150, 299, 429. 43 Maine, 198. 45 Maine, 507. 49 Maine, 346, 507. 55 Maine, 190, 200. 59 Me. 80.
May punish for contempt.
Compensation of members.
Members exempt from arrest.
16 Maine, 132.
Freedom of debate.
Either house may originate bills.
Members not to
ified to be members.
either house on any question, shall, at the desire of one-fifth of those present, be entered on the journals.
SEC. 6. Each house, during its session, may punish by imprisonment any person, not a member, for disrespectful or disorderly behavior in its presence, for obstructing any of its proceedings, threatening, assaulting or abusing any of its members for anything said, done, or doing in either house; provided, that no imprisonment shall extend beyond the period of the same session.
SEC. 7. The senators and representatives shall receive such compensation, as shall be established by law; but no law increasing their compensation shall take effect during the existence of the Legislature which enacted it. The expenses of the House of Representatives in traveling to the Legislature and returning therefrom, once in each session and no more, shall be paid by the State out of the public treasury to every member, who shall seasonably attend, in the judgment of the house, and does not depart therefrom without leave.
SEC. 8. The senators and representatives shall, in all cases except treason, felony or breach of the peace, be privileged from arrest during their attendance at, going to, and returning from each session of the Legislature; and no member shall be liable to answer for anything spoken in debate in either house, in any court or place elsewhere.
SEC. 9. Bills, orders or resolutions, may originate in either house, and may be altered, amended or rejected in the other; but all bills for raising a revenue shall originate in the House of Representatives, but the Senate may propose amendments as in other cases; provided, that they shall not, under color of amendment, introduce any new matter, which does not relate to raising a
SEC. 10. No senator or representative shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this State, which shall have been created, or the emoluments of which increased during such term except such offices as may be filled by elections by the people, provided, that this prohibition shall not extend to the members of the first Legislature.
SEC. 11. No member of Congress, nor person holding any office under the United States (post-officers excepted) nor office of profit under this State, justices of the peace, notaries public, coroners and officers of the militia excepted, shall have a seat in either house during his being such member of congress, or his continuing in such office.
SEC. 12. Neither house shall, during the session, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the houses shall be sitting.
SEC. 13. The Legislature shall, from time to time, provide, as far as practicable, by general laws, for all matters usually appertaining to special or private legislation.
SEC. 14. Corporations shall be formed under general laws, and shall not be created by special acts of the Legislature, except for municipal purposes, and in cases where the objects of the corporation cannot otherwise be attained; and, however formed, they shall forever be subject to the general laws of the State. SEC. 15. The Legislature shall, by a two-thirds concurrent vote of both branches, have the power to call constitutional conventions, for the purpose of amending this constitution.
ARTICLE V.-PART FIRST.
SEC. 1. The supreme executive power of this State shall be Governor. vested in a Governor.
SEC. 2. The Governor shall be elected by the qualified electors, -elected for one and shall hold his office one year from the first Wednesday of January in each year.
SEC. 3. The meetings for election of governor shall be notified, held, and regulated, and votes shall be received, sorted, counted, declared and recorded, in the same manner as those for senators and representatives. They shall be sealed and returned into the Secretary's office in the same manner, and at the same time as those for senators. And the secretary of state for the time being shall, on the first Wednesday of January, then next, lay the lists before the Senate and House of Representatives, and also the lists of votes of citizens in the military service returned into the secretary's office, to be by them examined, and, in case of a choice by a majority of all the votes returned, they shall declare and publish the same. But if no person shall have a majority of votes, the House of Representatives shall, by ballot, from the persons having the four highest numbers of votes on the lists, if so many there be, elect two persons and make return of their names to the Senate, of whom the Senate shall, by ballot, elect one, who shall be declared the Governor.
Meetings for nor.
choice of gover
votes to be re
turned to secre
tary of state.
Provisions in case
there is no choice.
SEC. 4. The Governor shall, at the commencement of his term, Qualifications of be not less than thirty years of age; a natural born citizen of the United States, have been five years, or from the adoption of this Constitution, a resident of the State; and at the time of his election and during the term for which he is elected, be a resident of said State.
SEC. 5. No person holding any office or place under the United Disqualifications. States, this State, or any other power, shall exercise the office of Governor.