Maine Appointment of Justices of Peace and Notaries Public, Proposed Constitutional Amendment No. 2 (1974)

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The Maine Appointment of Justices of Peace and Notaries Public Referendum, also known as Proposed Constitutional Amendment No. 2, was on the November 5, 1974 ballot in Maine as a legislatively-referred constitutional amendment, where it was approved.[1] The measure made the positions of justices of the peace and notaries public appointed by the governor for their initial terms. Additional terms would be granted by renewal of commission. This amended Section 8 of Article V, Part First of the Maine Constitution[2][3]

Aftermath

In 1978, the constitutional status of the office of justices of the peace was repealed. In 1980, a legislatively-referred constitutional amendment was approved returning the offices of judges of probate and justices of the peace to semi-constitutional offices. It provided that the judges of probate and justices of the peace were to be appointed by the governor unless another method of selection is specified in the constitution or in the statutes. This allowed for statutes to overrule constitutional language in regards to the appointment and terms of these offices, but also provided a constitutional method if no such statutes existed.[1]

Election results

Maine Proposed Constitutional Amendment No. 2 (1974)
ResultVotesPercentage
Approveda Yes 239,953 77.01%
No71,64422.99%

Election results via: Maine State Law and Legislative Reference Library, Proposed Constitutional Amendments 1820-

Text of measure

See also: Maine Constitution, Article V, Part First, Section 8

The language appeared on the ballot as:[3]

PROPOSED CONSTITUTIONAL AMENDMENT NO. 2

"Shall the Constitution be amended as proposed by a resolution of the Legislature to provide for appointment of justices of the peace and notaries public to an initiation term by the Governor with the approval of the Executive Council and for additional terms of these officers to be by renewal of commission, as provided by law?" [4]

Constitutional changes

The following changes were made to Article V--Part First, Maine Constitution#Section 8|Section 8 of Article V, Part First]] of the Maine Constitution with the underlined text being added:[2]

Section 8. To nominate officers. He shall nominate, and, with the advice and consent of the Council, appoint all judicial officers (except judges of probate), coroners, and notaries public, except that he shall appoint justices of the peace and notaries public for an initial term only, and additional terms of these officers shall be by renewal of commission, as provided by law; and he shall also nominate, and with the advice and consent of the Council, appoint all other civil and military officers, whose appointment is not by this Constitution, or hall not by law otherwise provided for, except the land agent; and every such nomination shall be made seven days, at least, prior to such appointment.

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