Mainers weighed in Monday morning on a proposed amendment to Maine’s Constitution that would prohibit the governor from calling the Legislature into a special session within 90 days of adjournment.
This, in effect, is intended prevent or deter the kind of parliamentary maneuvering that was seen most recently last month to pass a controversial $11.3 billion partial biennial budget — a budget that has set the table for massive tax increases in the new special session by failing to fund MaineCare for FY 2027.
Following extensive debate on the floor of the House and Senate, a substantial two-year budget bill was passed without any Republican support.
This spending bill included a nearly $120 million MaineCare bailout for the current year and provided a two-year extension of all other government funding at its current levels.
Because this bill was passed without bipartisan support, however, this money would normally not be made available until late this year, roughly three months after the Legislature adjourned for the session. When lawmakers pass majority budgets, they must be passed earlier in a session with only abbreviated debate or else the government could have a temporary lapse in funding.
To make the funding from the partisan budget available before the start of the next fiscal year, which begins on July 1, leadership invoked extraordinary procedural measures.
By adjourning sine die, a move typically reserved for the end of the Legislative session, Democratic lawmakers were able to start the 90-day clock for approved non-emergency legislation to take effect.
Consequently, funds from the party-line budget will be made available on June 20, just days before the start of the next fiscal year, despite the clear lack of Republican support.
Since legislators were no where near ready to adjourn, however, Gov. Janet Mills (D) immediately called them into special session, allowing them to seamlessly continue with their work without interruption.
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Under the terms set by the constitutional amendment proposed in LD 1331, Gov. Mills and future governors would not have had the authority to do this so quickly.
This is the third time Mills and legislative Democrats have used the previously taboo gimmick to cut the minority party out of budget negotiations.
By requiring the governor to wait at least 90 days from adjournment before calling a special session, it would likely discourage this kind of parliamentary maneuvering, as it would result in significant interruptions.
The resolution containing the proposed constitutional amendment was sponsored by Rep. Josh Morris (R-Turner) and cosponsored by several other Republican lawmakers, including House Minority Leader Billy Bob Faulkingham (R-Winter Harbor).
During Monday’s public hearing before the State and Local Government Committee, Rep. Morris made it clear that the persistent use of these parliamentary procedures served as the motivation for introducing this bill.
“I will not attempt to hide the true motivation behind my proposal,” he said. “I’m sure everyone is aware of the reasons that would precipitate such a resolution being presented.”
“The last three sessions have seen a majority budget pass at the end of March with a sine die adjournment only for the Legislature called back into immediately,” Morris explained.
“Passing the budget early has resulted in power being concentrated in the hands of a very few legislators,” he continued. “It does not just cut out the voice of the minority party, it limits the voice of many in the majority as well.”
“It effectively puts all the power over our states finances into the hands of the governor, the House Speaker, the Senate President and the Chairs of Appropriations,” added Morris.
Morris also noted that when legislators are called back for a special session, they are required to abide by the statutory adjournment date, explaining that this results in increased costs to Maine taxpayers.
He further suggested that the current system allows the Executive Branch to “put the thumb” on legislative business by calling them back into session immediately.
In conversation with committee members, Morris indicated an openness to refining the definition of “extraordinary circumstances,” suggesting that the meaning “should perhaps be more clearly defined than it currently is.”
“I understand why it may have been intentionally left vague at one time,” said Morris, “but having more refined language may be helpful as well.”
The Maine Policy Institute (MPI), a free market think tank based in Maine, expressed support for Morris’ proposal in written testimony submitted to the committee.
“This proposal is a prudent and necessary reform that would restore balance between Maine’s executive and legislative branches and protect the integrity of legislative adjournment,” MPI wrote. “Over the last several years, Governor Janet Mills has exploited a constitutional ambiguity to reconvene the Legislature almost immediately after it has adjourned sine die, effectively nullifying the finality of adjournment.”
“The executive power to reconvene the Legislature was designed to be used only in times of true emergency or urgent necessity—not as a backdoor means to extend the session or resolve partisan impasses,” explained MPI. “Without a minimum waiting period, this power is not meaningfully checked, undermining the principles of separation of powers and checks and balances.”
MPI also echoed Morris’ remarks about the imbalance of power between the executive and legislative branches that the current system creates.
“If the Governor can immediately reconvene the same Legislature after sine die adjournment without any limits, the legislative branch will forever remain subservient to the executive,” the think tank argued.
“Many other states already limit how and when a Governor may call special sessions, whether by subject matter, time constraints, or requiring consultation with legislative leaders,” said MPI. “Maine should join them in recognizing that unchecked executive discretion—particularly over the legislative calendar—poses a long-term risk to representative government”
Click Here for More Information on LD 1331
In order for a constitutional amendment to go before voters for ratification, at least two-thirds of legislators in both the House and Senate must vote in favor the resolution.
Before this resolution goes before the chambers, however, members of the State and Local Government Committee will hold a work session where the proposal will be given more in-depth consideration.
Members will then report their recommendations for the resolution to the full Legislature.
Disclaimer: The Maine Wire is a project of the Maine Policy Institute.
We all know the Peoples’ Republic of maine has long been a One Party (The BIG GOVERNMENT) Party dictatorship.
This is a bad idea — I remember April 1, 1987 — the day that half the State of Maine went underwater. Four inches of warm rain on upwards of four feet of snow that all melted at once and the ground was still frozen, you suddenly “couldn’t get there from here.”
For those too young to remember: https://youtu.be/7S3Pzzk3300
THAT is why the Governor has the power to call the legislature into session, genuine emergencies which will happen every 40-50 years or so. How about a major earthquake — not the 3.8 one we had in January but something like the massive 6.3 one that occurred back in 1755. Or a major bridge collapse like happened in Baltimore.
The better approach is to change it so that the 90 day clock doesn’t start even if the legislature adjourns, or that it must have a 3/4 majority to take effect sooner.