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24. The enumeration of certain rights shall not impair nor deny others retained by the people.
Electors. $ 1. Every male citizen of the United States, of the age of twenty-one years and upwards, excepting paupers, persons under 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 consi. dered 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 seminary is established.
2. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest on the days of election, during their attendance at, going to, and returning therefrom.
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.
4. The election of governor, senators, and representatives, shall be on the second Monday of September, annually, for ever.
Distribution of powers. $ 1. The powers of this government shall be divided into three distinct departments, the legislative, executive, and judicial.
2. No person or persons, belonging to one of these departments, shall exercise any of the powers properly belonging to either of the others, except in the cases herein expressly directed or permitted.
ARTICLE 4.--PANT THE FIRST. Legislative power.—House of Representatives. $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 Legis. lature of Mainė: and the style of their acts and laws shall be, “ Be it enacted by the Senate and House of Representatives in Legislature assembled.”
2. The house of representatives shall consist of not less than one hundred, nor more than two hundred members, to be elected by the qualified electors for one year from the next day preceding the annual meeting of the legislaturewhich 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; and whenever the number of representatives shall be two hundred, at the next an. mual meetings of elections, which shall thereafter be had, and at every subsequent period of ten years the people shall give in their votes whether the number of representatives shall be increased or diminished; and if a majority of votes are in fa. vour thereof it shall be the duty of the next legislature there. after to increase or diminish the number by the rule hereinafter prescribed.
3. Each town having fifteen hundred inhabitants, may elect one representative; each town, having three thousand seven hundred and fifty may elect two; each town, having six thol:sand 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 inhabitants, 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, sball 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.
4. No person shall be a member of the house of representatives, unless he shall, at the commencement of the period for which he is elected, have been five years a citizen of the United States; liave arrived at the age of twenty-one years; have been a resident in this state one year, or from the adoption of this constitution; and, for the three months next preceding the time of his election, shall have been, and during the period for which he is elected, shall continue to be, a resident in the town or district which he represents.
5. The meetings 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 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 a fair copy of this list shall be attested by the selectmen and town clerk and delivered by said selectmen to each representative, within ten days next after such election. 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 planta. tions 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 the selectmen of such towns, and the assessors of such plantations so classed, shall, within four days next after such meeting, meet at some place, to be prescribed and notificd by the selectmen or assessors of the eldest town or plantation in such class, and the copies of said lists shall be then examined and compared; and, in case any person shall be elected by a majority of all the votes, the selectmen or assessors shall deliver the certified copies of such lists to the person so elected, within ten days next after such election; and the clerks of towns and plantations, respectively, shall seal up copies of all such lists, and cause them to be delivered into the secretary's office twenty days at least before the first Wednesday in January, annually; but, in case no person shall have a majority of votes, the selectmen and assessors shall, as soon as may be, notify another meeting, and the same proceedings shall be had at every future meeting, until an election shall have been effected, provided, that the legislature may, by law, prescribe a different mode of returning, examining, and ascertaining the election of the representatives in such classes.
6. Whenever the seat of a member shall be vacated, by death, resignation, or otherwise, the vacancy may be filled by a new election. : 7. The house of representatives shall choose their speaker, clerk, and other officers.
-8. The house of representatives shall have the sole power of impeachment.
ARTICLE 4.--PART SECOND.
Senate. § 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.
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 district 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.
3. The meetings for the election of senators 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 lists of votes 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 January. All other qualified electors, living in places unincorporated, who shall be assessed to the support of 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 the purpose, accordingly,
4. The governor and council shall, as soon as may be, examine
returned copies of such lists, and, twenty days before the said first Wednesday of January, issue a summons to such persons as shall appear to be elected by a majority of the votes in each district, to attend that day and take their seats. .
5. The senate shall, on the said first Wednesday of January, annually, determine who are elected by a majority 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.
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,
7. The senate shall ha e the sole power to try all impeach. ments; 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 judg. ment, however, shall not extend further than to removal froin office, and disqualification to hold or enjoy any office of honour, trust, or profit under this state; but the party whether convicted or acquitted, shall, nevertheless, be liable to indict. ment, trial, judgment, and punishment, according to law.
8. The senate shall choose their president, secretary, and other officers,
ARTICLE 4.-PART THIND.
Legislative Power. § 1. The legislature shall convene on the first Wednesday 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 consti. tution, nor to that of the United States.
2. Every bill or resolution, having the force of law, to 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, who 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