Who can call the Maine Legislature back into a special session, and how does the required polling of legislators work?

Plain-English summary

Representative Albion Goodwin asked Attorney General G. Steven Rowe how the Maine Legislature can call itself into a special session. The Maine Constitution gives the answer in one sentence (Article IV, Part Third, Section 1): "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."

The AG searched for statutes or case law fleshing out that one sentence and found none. The bare constitutional language stands on its own. The AG worked through three procedural questions from there. Who issues the call? The President of the Senate and the Speaker of the House. Who conducts the polling? The Constitution does not say, but since the presiding officers ultimately make the call, the polling must be done by someone whose results the presiding officers will accept. Who do polling results go to? Same answer: the presiding officers, because the call is theirs to make.

The AG noted that an opinion of the Justices of the Maine Supreme Judicial Court (not on point but offering historical insight) was attached to the letter.

Currency note

This opinion was issued in 2002. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Who can call the Maine Legislature into a special session on its own?
A: The President of the Senate and the Speaker of the House. Under Article IV, Part Third, Section 1, they issue the call, but only with the consent of a majority of the members of each political party, after all members of the Legislature have first been polled.

Q: Who conducts the polling?
A: The Constitution does not say. The AG concluded that because the power to call the session rests with the presiding officers, the polling must be done by "a person or entity whose results the presiding officers agree to accept."

Q: If an individual legislator does the polling, who do they report results to?
A: The presiding officers. The AG gave the same reason: since the call is theirs to make, any polling results must be reported to them.

Q: Did the AG find statutes or cases spelling out the procedure?
A: No. The AG searched Maine statutes and case law and found none, so the constitutional provision stands on its own and the Legislature, in its sole discretion, may determine how to proceed. The AG invoked the principle that "the legislative power is measured by limitation and not by grant."

Q: What was attached to the letter?
A: An Opinion of the Justices of the Maine Supreme Judicial Court that the AG described as not on point but offering some insight into the history of the provision.

Background and statutory framework

The opinion turns on a single constitutional sentence. Article IV, Part Third, Section 1 lets the Legislature convene "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." The requirement of majority consent within each political party, rather than a single majority of the whole, is on the face of the text.

The AG searched Maine statutes and case law for guidance elaborating on that sentence and found none, so the constitutional provision stands on its own and the Legislature, in its sole discretion, determines how to proceed. The text supplies no procedural detail: it does not say who circulates the poll, what form members' consent must take, or how results are tabulated. The AG read those gaps through the principle that "the legislative power is measured by limitation and not by grant," meaning the Legislature may act except where the Constitution limits it. Because the call ultimately rests with the presiding officers, the AG concluded that the polling must be conducted by someone whose results those officers will accept, and that results must be reported to them.

Source

• Landing page: https://www.maine.gov/legis/lawlib/lldl/agops/agops.htm
• Original PDF: https://lldc.mainelegislature.org/Open/AG/Opinions/2002/ag_20020723.pdf

Original opinion text

STATE OF MAINE
OFFICE OF THE ATTORNEY GENERAL
6 STATE HOUSE STATION
AUGUSTA, MAINE 04333-0006
G. STEVEN ROWE
ATTORNEY GENERAL

July 23, 2002

Honorable Albion D. Goodwin
120 Hersey Road
Pembroke, ME 04666

Re: Request for advice regarding convening of Legislature

Dear Representative Goodwin:

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.

You asked, "If an individual legislator does the polling, whom 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 polling 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