Opinion of the Justices

Supreme Judicial Court of Maine · 2023 · Constitutional Law

2023 ME 34 (2023)

Updated July 31, 2026

conlawstate constitutional lawdirect initiative of legislationadvisory opinionsMaine ConstitutionArticle IV Part Third Section 18initiativepresentation to Legislature

Facts

The Secretary of State transmitted two citizen-initiated measures to the Legislature on February 16, 2023, and two more on March 22, 2023, for preparation as legislative documents. Before any of the four measures were produced as legislative documents, the First Regular Session of the 131st Legislature adjourned on March 30, 2023, after passing a joint order carrying over pending matters to a subsequent session. The Legislature convened in a First Special Session on April 5, 2023, and on April 7, 2023, the Governor proclaimed that the four measures be referred to the people, concluding they had not been enacted without change at the session at which they were presented. Two of the measures were then printed, assigned legislative document numbers, and placed on the House calendar on April 11, 2023.

Issue

Whether a citizen-initiated measure is "presented" to the Legislature when the Secretary of State merely transmits it, even before it is printed or calendared, and if so, whether the Maine Constitution nevertheless allows the Legislature to consider and enact that measure without change during a later special session of the same Legislature. The related question was whether such enactment would prevent the measure from going to a referendum vote.

Rule

Under article IV, part third, section 18 of the Maine Constitution, an initiated measure is "presented" to the Legislature when the Secretary of State transmits the validated measure to the Legislature. Although section 18(2) requires referendum submission unless the measure is enacted without change "at the session at which it is presented," the Legislature may still enact the proposed measure without change during a special session of the same Legislature, and if it does so, the measure does not go to a referendum vote absent a people's veto petition.

🔒

See the holding & full analysis

Create a free KwikCourt account to unlock the rest of this brief — and practice the case.

The court's holding and reasoning
Doctrine tests, pitfalls & exam hypotheticals
10 practice questions + 4 AI-graded essays on this case

Free sample · practice this case

Test yourself

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

In Augusta, a group of Maine electors files a validated initiative petition with the Secretary of State during the Legislature’s first regular session. The Secretary transmits the measure that same week to legislative officials, but the Office of the Revisor does not print it as a legislative document until a month later, and it does not appear on either chamber’s calendar until after that.

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

Explanation. Presentation occurs when the Secretary of State transmits the validated measure to the Legislature. The opinion rejected the view that printing, calendaring, or actual awareness by the full House or Senate is necessary for presentation. The constitutional and statutory scheme treats the electors’ presentation as complete upon transmittal through the Secretary.