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Opinion of the Justices

Supreme Judicial Court of Maine · 2023 · Constitutional Law

Constitutional LawDirect initiative of legislationLegislative procedureAdvisory opinionsMaine ConstitutionArticle IV Part Third Section 18article VI section 3direct initiative

Facts

In February and March 2023, the Secretary of State transmitted four citizen-initiated measures to the Legislature for production as legislative documents. Before any of the measures were printed or considered, the First Regular Session of the 131st Legislature adjourned on March 30, 2023, after adopting a joint order carrying over matters in the Legislature's possession to a subsequent session. The Governor then convened a special session and, on April 7, 2023, proclaimed that the four measures be referred to the people because they had not been enacted without change at the session at which they were presented. Two measures were later printed and placed on the House calendar in the First Special Session, raising questions about whether the Legislature still had constitutional authority to act on them.

Issue

Whether a citizen-initiated measure is "presented" to the Legislature when the Secretary of State transmits it, even if it has not yet been printed or calendared, and if so, whether the Legislature may still consider and enact that measure without change during a later special session of the same Legislature. Also, if enacted without change in the special session, whether the identical measure must be removed from referendum submission.

Rule

Under article IV, part third, section 18 of the Maine Constitution, a citizen-initiated measure is presented to the Legislature when the Secretary of State, after validating the petition, transmits the proposed measure to the Legislature. Although the measure must be enacted without change at the session at which it is presented to avoid automatic referral in the first instance, the Constitution does not preclude the Legislature from later enacting the same initiated measure without change during a special session of the same Legislature; if it does so, the measure shall not go to a referendum vote absent a people's veto petition.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Augusta, a group of electors files a validated initiative petition proposing a consumer-protection statute. On February 12, the Secretary of State transmits the measure to the Legislature, but the Revisor does not assign it a document number or print it until six weeks later, and neither chamber discusses it before adjournment.

Under the governing constitutional rule, when was the initiative "presented" to the Legislature?

Explanation. Presentation occurs when the Secretary of State, after validating the petition, transmits the proposed measure to the Legislature. The opinion rejects printing, calendaring, document numbering, or actual awareness by both houses as the operative event. (Derived from Opinion of the Justices (n.d.).)