Qualification of electors. 7 Maine, 497. 44 Maine, 507. Written ballot. ARTICLE II. ELECTORS. SEC. 1. Every male citizen of the United States of the age of twenty one years and upwards, excepting paupers, persons under 54 Me. 602, 605. 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 stationed 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 Resolve Mar. 24, 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. 7 Me. 492, 497. Soldiers or seamen in U. S. service. Students at col· leges and academies. 1864. Amendment, art. X. Electors exempt from arrest on SEC. 2. Electors shall, in all cases, except treason, felony or days of election. breach of the peace, be privileged from arrest on the days of election, during their attendance at, going to, and returning therefrom. 8 Maine, 187. -exempt from military duty. Time of election. Citizens who may be allowed to vote for governor, &c. 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 on the second Monday of September annually forever. But citizens of the State absent therefrom in the militay 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, senators and representatives on the second Monday of September annually thereafter forever, in the manner herein provided. On the day of election a poll shall be opened at every place without this State where a regiment, battalion, battery, company, or detachment of Resolve Mar. 24, 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. Vote, how taken. when he entered the service. The vote shall be taken by regi Polls, where shall be opened. Amendment, art. X. 1864. supervisors. be sworn. ments 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, com- Who shall act as pany, or part of either, as the case may be, acting 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 noncommissioned officer shall neglect or refuse to act, the next in rank shall take his place. In case there are no officers or noncommissioned 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 Supervisors shall the constitution of the United States and of this State, and faithfully and impartially to perform the duties of supervisors of elections. duties of. 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 sufficient time Proviso. 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 Certain officers, their respective commands. When not in actual command, such officers, and also all general and staff officers, 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 of 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 person 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 Qualification of 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 rect poll lists. where may vote. Supervisors shall prepare ballot boxes. Ballots be pre pared. voters. Shall keep cor Shall check names of voters declare votes. 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 be 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 checkmark shall be plainly made against his name on the poll-lists. -sort, count and 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 -make return to 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 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 recessary in order more fully to carry into effect the purpose thereof. the office of secretary of state. Adopted by Resolve March 24, 1864. Powers distributed. 3 Maine, 326. 4 Maine, 140. To be kept ARTICLE III. DISTRIBUTION OF POWERS. SEC. 1. The powers of this government shall be divided into three distinct departments, the Legislative, Executive and Judicial. SEC. 2. No person or persons, belonging to one of these deSee art. 9, sec. 2. partments, shall exercise any of the powers properly belonging to either of the others, except in the cases herein expressly directed or permitted. separate. 3 Me. 372, 484. 7 Maine, 14. 32 Maine, 526. 64 Maine, 195. Legislative department. Style of acts. Number of representatives fixed at 151. ARTICLE IV.-PART FIRST. LEGISLATIVE POWER-HOUSE OF REPRESENTATIVES. SEC. 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 and laws, shall be, "Be it enacted by the Senate and House of Representatives in Legislature assembled." SEC. 2. The House of Representatives shall consist of one hundred and fifty-one members, to be elected by the qualified electors, for one year from the day next preceding the annual meeting of the Legislature. The Legislature, which shall first be convened under this Constitution, shall, on or before the fifteenth day of August, in the year of our Lord, one thousand eight hundred and twenty-one, and the Legislature, within every subsequent period of at most ten years, and at least five, cause the number of the inhabitants of the State to be ascertained, exclusive of foreigners not naturalized and Indians not taxed. The number of representatives shall, at the several periods of making such enumeration, be fixed and apportioned among the several counties as near as may be, according to the number of inhabitants, having regard to the relative increase of population. The number of representatives shall, on said first apportionment, be not less than one hundred nor more than one hundred and fifty. among towns. 6 Maine, 486. SEC. 3. Each town having fifteen hundred inhabitants may Apportionment elect one representative; each town having three thousand seven hundred and fifty may elect two; each town having six thousand seven hundred and fifty may elect three; each town having ten thousand five hundred may elect four; each town having fifteen thousand may elect five; each town having twenty thousand two hundred and fifty may elect six; each town having twenty-six thousand two hundred and fifty may elect seven; but no town shall ever be entitled to more than seven representatives; and towns and plantations duly organized, not having fifteen hundred inhabitants, shall be classed, as conveniently as may be, into districts containing that number, and so as not to divide towns; and each such district may elect one representative; and, when on this apportionment the number of representatives shall be two hundred, a different apportionment shall take place upon the above principle; and, in case the fifteen hundred shall be too large or too small to apportion all the representatives to any county, it shall be so increased or diminished as to give the number of representatives according 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 or 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. a representative. SEC. 4. No person shall be a member of the House of Repre- Qualifications of sentatives, unless he shall, at the commencement of the period for which he is elected, have been 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 See amendment, of this constitution; and for the three months next preceding the time of his election shall have been, and, during the period for art. X. Meetings for 25 Maiue, 567. 1864. Meetings of classed towns. 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 seven days at least before the election, and the selectmen thereof shall preside impartially at Resolve Mar. 24, such meetings, receive the votes of all the qualified electors present, 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 in the presence of the selectmen and in open town meeting. And the towns and plantations organized by law, belonging to any class herein provided, shall hold their meetings at the same time in the respective towns and plantations; and the town and plantation meetings in such towns and plantations shall be notified, held and regulated, the votes received, sorted, counted and declared in the same manner. And the assessors and clerks of plantations shall have all the powers, and be subject to all the duties, which selectmen and town clerks 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 the 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, section four, of this constitution; and twenty days before the said first Wednesday of January annually, mon persons who 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 of representatives 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 for the choice of representatives, vote for such representatives in their respective ward meetings, and the wardens in said wards shall preside impartially at such meetings, receive the votes of all qualified electors present, sort, count and declare them in open ward meetings, and in the presence of the ward clerk, who shall form a list of the Res. Mar. 7, '34. persons voted for, with the number of votes for each person against his name, shall make a fair record thereof in the presence of the warden, and in open ward meetings; and a fair copy of this list shall be attested by the warden and ward clerk, sealed up in open art. x; amending ward meeting, and delivered to the city clerk within twenty-four Lists shall be examined by the governor and council. Governor and council shall sum appear to be elected. Lists to be laid before the house 64 Maine, 589. Manner of electing representatives and other civil officers in cities. Amendment, art. I. Resolve Mar. 7, 1834. See amendment, |