RESOLUTION, Proposing an Amendment to the Constitution of Maine Regarding When the Governor May Call the Legislature into Session
Summary
LD1331 is a proposed constitutional amendment that would change when the Governor may call the Maine Legislature back into session after adjournment. Under current constitutional language, the Governor may convene the Legislature on extraordinary occasions; this resolution would add a restriction that if the Legislature has adjourned without specifying a date to return, the Governor could not reconvene it until 90 days after adjournment. The measure also sets out the referendum process for submitting the amendment to voters at a statewide election in November following passage.
If approved by the Legislature and ratified by voters, the amendment would become part of the Maine Constitution and would limit executive authority to call lawmakers back immediately after a final adjournment. The bill therefore affects the balance of power between the Governor and the Legislature, particularly in situations where the Legislature has ended a session without a scheduled return date. It would not directly create a new statutory program, but it would alter constitutional procedure governing legislative sessions and emergency reconvening.
Impact
The bill would amend the Maine Constitution by narrowing the Governor’s authority to convene the Legislature after adjournment without day, imposing a 90-day waiting period in that circumstance. This would affect the constitutional framework for legislative sessions and emergency calls, and could influence how the branches manage end-of-session adjournments and any subsequent need for a special session. The proposal would be submitted to voters for ratification, so any legal change would depend on both legislative approval and a statewide referendum.
Sentiment
The recorded vote history shows the proposal faced significant opposition in the Legislature. The House first voted 73-64 on an ought not to pass report, and the Senate later accepted the majority ought not to pass report by a 23-11 vote. Those margins suggest the bill did not generate broad bipartisan support and was viewed skeptically by a majority of lawmakers. No committee transcript was provided, so the available evidence of sentiment comes primarily from the roll-call votes.
Contention
The central point of contention is the scope of the Governor’s power to call the Legislature into session after adjournment. Supporters of the amendment likely viewed the 90-day limit as a safeguard against executive overreach and a way to preserve legislative independence after final adjournment. Opponents appear to have preferred retaining existing constitutional flexibility for extraordinary occasions, especially if an urgent matter arises soon after adjournment. The vote pattern indicates that concerns about limiting emergency responsiveness or altering the balance between the branches outweighed support for the proposed restriction.
Proposing a constitutional amendment requiring the governor to call the legislature into special session on petition of at least two-thirds of the members of each house of the legislature.
A resolution to direct the Clerk of the House of Representatives to only present to the Governor enrolled House bills finally passed by both houses of the One Hundred Third Legislature.
Relating to nonsubstantive additions to, revisions of, and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 88th Legislature to other Acts of that legislature.