Maine

• Congressional and Legislative Process

  Primary Authority: The Maine State Legislature enacts congressional and legislative plans after receiving proposals from the advisory Legislative Apportionment Commission. The Legislature can enact or amend the Commission’s proposals, or enact their own plans, with a 2/3 vote in each chamber, subject to the Governor’s veto. The Legislature can override a veto with a 2/3 vote in each chamber. No party currently has a veto-proof majority in either chamber. [Me. Const. art. IV, pt. 1, § 3; pt. 2, § 2; Me. Stat. tit. 21-A, § 1206]

  If a bill is presented to the Governor during session, the Governor has 10 days to sign or veto it; otherwise, it becomes law without signature. If the session adjourns before the 10-day period elapses and that Legislature is not scheduled to meet again, the bill is pocket vetoed. If that Legislature is set to meet again, the Governor must veto and return the bill within 3 days of it reconvening; otherwise, it becomes law without signature.

  Advisory Commission: The Legislative Apportionment Commission, a 15-member body, submits proposed congressional and legislative plans to the Legislature which can choose to enact them or plans of their own.

  • Members: The Speaker and Minority Leader of Maine’s House each appoint 3 members from their respective political parties, and the President and Minority Leader of Maine’s Senate each appoint 2 members from their respective parties. The chairpersons of the state’s two major political parties each serve as members. Both parties’ initial 6 commissioners then appoint 1 member from the public, and those 2 public members then appoint the final 15th member from the public. [Me. Const. art. IV, pt. 3, § 1-A]
  • Timing: The Legislature must form the Commission within the first 3 days after the convening of its session in years ending in 1. [Me. Const. art. IV, pt. 1, § 2; pt. 2, § 2; pt. 3, § 1-A]
  • Voting: A quorum of 8 is required to take any action, and actions require a majority vote. [Me. Const. art. IV, pt. 3, § 1-A]
  • Public Input & Transparency: The Commission is required to hold an unspecified number of public hearings on any plan before submitting it to the Legislature. [Me. Const. art. IV, pt. 3, § 1-A]

  Mapping Timeline: The Commission must submit its proposed plans to the Legislature by June 1 of years ending in 1. The Legislature must enact final plans by June 11 of that year.

  If the Legislature fails to enact plan(s) by its deadline, the Maine Supreme Court must adopt plan(s) within 60 days after that missed deadline. The Court must consider plans and briefs filed by the public in the first 30 days after assuming control over the process. [Me. Const. art. IV, pt. 1, § 2; pt. 2, § 2; Me. Stat. tit. 21-A, § 1206]

  Redistricting Criteria:

  • Congressional: As equally populated as possible; Compact; Contiguous; Minimize divisions of political subdivisions. [Me. Stat. tit. 21-A, § 1206]
  • Legislative: As nearly equally populated as practicable; Contiguous; Compact; Minimize divisions of political subdivisions. [Me. Const. art. IV, pt. 1, § 2; pt. 2, § 2; Me. Stat. tit. 21-A, § 1206-A]

  Map Challenges: Filed in the Maine Supreme Court. If the plan is struck down, the Court draws and adopts the remedial plan. [Me. Stat. tit. 21-A, § 1206]

• Ballot Measure & Referendum Process

  Types of Measures: Indirect initiatives and referendums are permitted to amend statutes. Initiatives are not permitted to amend the state constitution. Legislatively initiated ballot measures may amend both statutes and the state constitution.

  Single-Subject Rule: No.

  Initiative Subject Restrictions: No.

  Signature Requirements: 5 preliminary signatures are required. Statutory initiatives and referendums require 10% of all votes cast for all candidates for Governor in the last gubernatorial election. 676,819 people voted for a gubernatorial candidate in the 2022 general election in Maine, so 67,682 signatures are required.

  Submission Deadlines: Initiative petitions must be submitted on or before the 50th day after the convening of the Legislature in their first regular session or on or before the 25th day after the convening of their second regular session. Referendums must be submitted within 90 days after the legislative session’s adjournment.

  Circulation Period: The circulation period for initiative petitions is 18 months. A signature is not valid if it is dated more than 1 year prior to the date the petition was filed with the Secretary of State.

  Ballot Title and Summary: The ballot question is written by the Secretary of State. Expedited reviews are not permitted.

  Other Requirements: A fiscal impact statement is required. Circulators are required to be registered voters. There are no supermajority requirements. Initiatives are permitted on general and odd-year election ballots, but not on primary and special election ballots.

  [Me. Const. art. IV, pt. 3; art. X, § 4; Me. Stat. tit. 1, §§ 351-354; tit. 21-A, §§ 901-907; Maine Bureau of Corporations, Elections & Commissions Website]

• Previous Redistricting Cycles

  2020

  • Congressional
    • Original Plan – LD 1739
      • Passed = September 29, 2021
      • Signed = September 29, 2021
    • Litigation History
      • In re 2021 Apportionment of Maine, No. SJC-21-4 (Me. July 19, 2021): On May 24, 2021, the majority and minority leaders of the Maine House and Senate petitioned the Maine Supreme Court seeking an extension of their constitutional redistricting deadlines for the apportionment of legislative, congressional, and county commissioner districts. On July 19, 2021, the Maine Supreme Court issued an order granting the petitioners' request to extend legislative and congressional deadlines but denying the request as to county commissioner districts on the grounds the court lacked authority over them.
  • Legislative
    • Original Plans – LD 1738 (House); LD 1741 (Senate)
      • Passed = September 29, 2021
      • Signed = September 29, 2021
    • Litigation History
      • In re 2021 Apportionment of Maine, No. SJC-21-4 (Me. July 19, 2021): On May 24, 2021, the majority and minority leaders of the Maine House and Senate petitioned the Maine Supreme Court seeking an extension of their state's constitutional redistricting deadlines for the apportionment of legislative, congressional, and county commissioner districts. On July 19, 2021, the Maine Supreme Court issued an order granting the petitioners' request to extend legislative and congressional deadlines but denying the request as to county commissioner districts on the grounds the court lacked authority over them.

  2010

  • Congressional
    • Original Plan – LD 1590
      • Passed = September 27, 2011 (R-controlled)
      • Signed = September 28, 2011
    • Litigation History
      • Desena v. Maine, 793 F.Supp.2d 456 (D. Me. 2011): After the 2010 census results were released, plaintiffs filed a federal lawsuit challenging the existing congressional districts as malapportioned due to population shifts, which under Maine law were not set to be redrawn until 2013, after the 2012 elections. On June 21, 2011, the district court ruled in favor of the plaintiffs and ordered the Legislature to enact a new, properly apportioned congressional plan for use in the upcoming 2012 elections.
      • Turcotte v. Lepage, No. 1:11-cv-312 (D. Me. Jan. 13, 2012): Plaintiff filed a federal lawsuit challenging Maine’s constitutional and statutory redistricting scheme, specifically its use of an advisory legislative apportionment commission to draw proposed maps, alleging it relies upon the two major political parties thereby negating the voice of non-party voters and unconstitutionally diluting the concept of “one person, one vote” in the congressional reapportionment context. On January 13, 2012, the district court dismissed the plaintiff’s complaint on the grounds the Legislature had adopted its own plan rather than the commissions, and therefore the case was moot.
  • Legislative
    • Original Plan – LD 1557
      • Passed = June 5, 2013 (D-controlled)
      • Signed = June 14, 2013
    • Litigation History
      • None

  2000

  • Congressional
    • Maine Supreme Court’s Plan (Split-control Legislature failed to pass)
      • Adopted = July 2, 2003
    • Litigation History
      • In re 2003 Apportionment of the State Senate and United States Congressional Districts, 827 A.2d 844 (Me. 2003): After the Maine Legislature failed to agree on congressional and state House redistricting plans, redistricting authority passed to the state Supreme Court. On July 2, 2013, the Maine Supreme Court issued an opinion adopting its own congressional and state House plans.
  • Legislative
    • Original Senate Plan – LD 1610
      • Passed = May 14, 2003 (Split-control)
      • Signed = May 23, 2003
    • Maine Supreme Court’s House Plan (Split control Legislature failed to pass)
      • Adopted = July 2, 2003
    • Litigation History
      • In re 2003 Legislative Apportionment of the House of Reps., 827 A.2d 810 (Me. 2003): Two different challenges to the Maine Legislature’s enacted House plan were filed, each alleging various districts violated the compactness and contiguity requirements of the Maine Constitution. On July 2, 2003, the Maine Supreme Court ruled in favor of the defendants and upheld the plan after finding it complied with all constitutional and statutory requirements.
      • In re 2003 Apportionment of the State Senate and United States Congressional Districts, 827 A.2d 844 (Me. 2003): After the Maine Legislature failed to agree on congressional and state House redistricting plans, redistricting authority passed to the state Supreme Court. On July 2, 2013, the Maine Supreme Court issued an opinion adopting its own congressional and state House plans.

Current districts for Maine by chamber, shaded by the incumbent’s party.

No active cases on record for Maine.