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Distribution of Powers. Section 1. Powers distributed. 2. To be kept separate.
ARTICLE IV. Legislative Power. - House of Represen
1. Legislative department. Style
of acts. 2. Number of representatives fixed
at one hundred and fifty-one. 3. Appointment among towns. 4. Qualifications of a representa
tive. 5. Meetings for choice of represen
tatives. Meetings of classed towns. Lists of votes shall be examined by Governor and council; and they shall summon persons who appear to be elected. Lists to be laid before the House of Representatives. Manner of electing representatives and other civil
officers in cities. 6. Vacancies, how to be filled. 7. House shall choose its owr
officers. 8. Power of impeachment.
Legislative Poroer. Section 1. Legislature shall meet annually.
Its powers. 2. Bills shall be signed by the
Governor. Proceedings, in case he disapproves. Unsigned bills shall be returned by him with
in five days. 3. Each house shall judge of the
elections of its members. Ma
jority a quorum. 4. May punish and expel members. 5. Shall keep a journal. Yeas and
nays, when to be entered. 6. May punish for contempt. Pro
viso. 7. Compensation of members.
Traveling expenses. 8. Members are exempt from civil.
arrest. Freedom of debate. 9. Either house may originate bills.
Revenue bills. Proviso. 10. Members shall not be appointed
to certain offices. Statics. 11. Persons qualified to be members. 12. Adjournments. 13. Special legislation. 14. Corporations, except for munici
pal purposes, shall, when practicable, be formed under gene
ral laws. Constitutional conventions.
Legislatire Power. - Senate. 1. Senate shall consist of not less
than twenty, nor more than
thirty-one. 2. State shall be districted once in
ten years. Districts, how
formed. 3. Meetings for choice of senators.
Electors in unincorporated
places. 4. Votes shall be examined by the
Governor and council. 5. Senate shall decide as to the
election of its members. 6. Qualifications of senators. 7. Senate shall try impeachments.
Limitation of senate's judgment. Party is further liable to be tried and punished by
the courts. 8. Senate shall choose its officers.
ARTICLE V. Executive Power. - Governor. 1. Governor. 2. Elected for one year. 3. Meetings for choice of Governor.
Votes should be returned to
in case there is no choice. 4. Qualifications for Governor. 5. Disqualifications. 6. Compensation. 7. Commander-in-chief of militia.
Shall not march militia out of
State. 8. With advice of council, shall ap
point officers. 9. Shall give information and re
commend measures. 10. May require information of any
nor shall any office be created, the appointment to which shall be for a longer time than during good behavior.
Sec. 24. The enumeration of certain rights shall not impair nor deny others retained by the people.
Electors. Section 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 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 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.
Sec. 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.
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 in September annually forever. But citizens of the State absent therefrom in the military 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 no 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 when he entered the service. The vote shall be taken by regiments 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, company, or part of either, as the case may be, acting as such on the day of election, shall be supervisors of election. If no officers, then three non-commissioned officers according to their seniority shall be such supervisors. If any officer or non-commissioned officer shall neglect or refuse to act, the next in rank shall take his place. In case there are no officers or commissioned 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 election. All supervisors shall be first sworn to support the Constitution of the United States and of this State, and faithfully and impartially to perform the duties of supervisors of elections. 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 herein. after 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 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 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 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 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 check mark shall be plainly made against his name on the poll-lists. 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 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 of 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 necessary in order more fully to carry into effect the purpose thereof.