Procedure for Legislature to convene itself in special session

MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) G. STEVEN ROWE ATTORf\JEY GENERA.L Telephone: [207) 626-8800 TOD [207) 626-8865 STATE OF Ml>JNE OFFICE OF THE ATTORNEY GENERAL 6 STATE HousE STATION AUGUSTA, MAINE 04333-0006 July 23, 2002 Honorable Albion D. Good\vin 120 Hersey Road Pembroke, ME 04666 Re: Request for advice regarding convening of Legislature Dear Representative Goodwin: 02-4 REGIONAL OFF!CES: 8--+ HARLOW ST., '.2.ND FLOOR BANGOR. i\1AINE 0➔.+0 l TEL: (207! 941-3070 F_:..x: (207) 9-+I-3075 4+ OAK STREET, 4TH FLOOR PORTLAND. 1-IAINE 04[01-3014 TEL: (207) 822-0260 FAX: (207) 822-0259 TDD: (877) 428-8800 128 SWEDEN ST., STE. 2 CARIBOu. 1\·IAINE 04736 TEL: (207) 496-3792 FAX: (207) 496-3291 Thank you for your letter requesting answers to specific questions related to the procedure for the Maine Legislature to convene itself in special session. The relevant Constitutional provision, Article 4, Part Third, Section 1, states: "The Legislature may convene at such other times on the call of the President of the Senate and Speaker of the House, with the consent of a majority of the members of the Legislature of each political party, all members of the Legislature having been first polled." We have ;searched for other guidance in Maine statutes and case law, but have found none. An Opinion of the Justices of the Maine Supreme Judicial Court that is not on point, but that provides some insight on the history of the provision, is attached to this letter. Given the absence of other authority, the Constitutional provision stands on its own. The Legislature, in its sole discretion, may determine precisely how to proceed. As this office has advised in the past, the legislative power is measured by limitation and not by grant. Therefore, we must look to the limitations on legislative power provided by the Constitutional language at issue to answer the questions you have posed. You asked, "Who calls the Legislature back into session after the majority polled show they want to convene?" Article 4, Part Third, Section 1 of the Maine Constitution makes clear that the power to call the Legislature to special session rests with the President of the Senate and Speaker of the House. You asked, "Who does the polling? Do the Speaker and President do the poll, or can an individual legislator do the poll?" While there is no express legal guidance on this, the fact that the power to call the Legislature to special session ultimately rests with the presiding officers suggests that the polling must be done by a person or entity whose results the presiding officers agree to accept. Prim.:J on Recycled P:i.per You asked, "If an individual legislator does the polling, w horn do they report their findings to?" Again, the fact that the power to call the Legislature into session ultimately rests with the presiding officers suggests that any po1ling results must be reported to the presiding officers. I hope you find this information helpful. Please feel free to contact us if we can be of further assistance. G. Steven Rowe Attorney General