Allen v. Quinn

459 A.2d 1098, 1983 Me. LEXIS 677
Supreme Judicial Court of Maine·Decided April 29, 1983·Published·Cited by 25 cases

Opinions

McKUSICK, Chief Justice.

By adding the direct initiative2 and referendum3 provisions to the Maine Constitution in 1909, the people took back to themselves part of the legislative power that in 1820 they had delegated entirely to the legislature.4 In this appeal we are faced with a question as to the nature of [1099] the time limit the people have put upon thier own exercise of the initiative: Under article IV, part 3, section 18(1) of the Maine Constitution,5 may a petition starting the initiative process be filed with the Secretary of State only during the first 50 days after the legislature convenes in its first regular session of the biennium (or the first 25 days after it convenes in its second regular session)? We answer that question in the negative. Although the constitution expressly imposes a deadline date by which an initiative petition must be filed, it does not, either expressly or by necessary implication, bar the early filing of an initiative petition even though the legislature to which it is addressed is yet to convene.

We affirm the judgment of the Superior Court, which also construed the direct initiative provision of the constitution to permit an initiative petition to be effectively filed with the Secretary of State prior to the convening date of a regular session of the legislature.

This case arose from an initiative petition drive seeking to repeal the 1981 legislative enactment that authorized moose hunting seasons, 12 M.R.S.A. § 7463-A (1981). An unincorporated association of individuals (including John Cole of Brunswick) using the name SMOOSA (“Save Maine’s Only Official State Animal”) circulated the petitions. Between October 25 and November 1, 1982, SMOOSA physically delivered to the office of the Secretary of State petitions later determined to contain a total of 39,942 valid signatures of Maine voters. The petitions were directed to the 111th Legislature, the first regular session of which, pursuant to Me. Const, art. IV, pt. 3, § 1, convened on December 1, 1982. The 1982 gubernatorial election was held on November 2, 1982, the next preceding gubernatorial election having been held in November, 1978.

On February 14, 1983, Secretary of State Rodney S. Quinn, acting through his deputy and in performance of his duties under 21 M.R.S.A. § 1355(1) (Pamph. 1982-1983), issued a written decision that the SMOOSA initiative petition6 was valid. In making this decision the Secretary of State treated the petition as having been filed on November 1, 1982; and he certified that it satisfied all of the constitutional requirements, including the requirement that it contain valid signatures in a number in excess of “ten percent of the total vote for Governor cast in the last gubernatorial election pre[1100] ceding the filing of such petition,”7 that minimum number being 37,026 based upon the 1978 vote.

Thereupon, David Allen, a Maine voter who opposes the repeal of the moose hunting law,8 took a timely appeal from the Secretary of State’s decision to the Superior Court (Kennebec County). He contended that under the applicable constitutional provisions the SMOOSA petition could not be considered filed earlier than the first day of the legislative session to which it was directed — in this case, December 1,1982 — and that to be valid in initiating a popular vote on the repeal of the moose hunting law, the SMOOSA petition must therefore contain signatures equal to or greater than ten percent of the vote cast in the gubernatorial election held on November 2, 1982, that minimum being 46,030. The Superior Court permitted John Cole and SMOOSA9 to intervene as defendants. After receiving the parties’ stipulation of facts and after hearing oral argument the Superior Court on March 30,1983, issued its opinion and order denying plaintiff Allen’s appeal. Two days later plaintiff appealed to the Law Court, which, out of respect for the expeditious judicial review contemplated by the constitution, art. IV, pt. 3, § 22, set the appeal for briefing and oral argument on a much foreshortened time schedule.

Resolution of the controversy over the validity of the SMOOSA initiative petition depends exclusively upon a determination of the meaning of the controlling constitutional language. Although the constitution (art. IV, pt. 3, § 22)10 contemplates that the legislature will enact laws to implement the direct initiative, any such laws, of course, must be consistent with the constitutional provision setting up the direct initiative, i.e., section 18; until the legislature does enact laws not inconsistent with section 18, the constitutional provisions are expressly declared to be self-executing.11

In interpreting our State Constitution, “we look primarily to the language used.” Farris ex rel. Dorsky v. Goss, 143 Me. 227, 230, 60 A.2d 908, 910 (1948). As the New York Court of Appeals well stated in Kuhn v. Curran, 294 N.Y. 207, 217, 61 N.E.2d 513, 517-18 (1945):

It is the approval of the People of the State which gives force to a provision of the Constitution ... and in construing the Constitution we seek the meaning which the words would convey to an intelligent, careful voter.

Free access — add to your briefcase to read the full text and ask questions with AI

Allen v. Quinn, 459 A.2d 1098, 1983 Me. LEXIS 677 (Me. 1983).

459 A.2d 1098 (Allen v. Quinn) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Wayne R. Jortner et al. v. Secretary of State
2023 ME 25 (Supreme Judicial Court of Maine, 2023)
Dennis F. Winchester v. State of Maine
2023 ME 23 (Supreme Judicial Court of Maine, 2023)
Dunn v. Bellows
Maine Superior, 2023
State of Maine v. Carine Reeves
2022 ME 10 (Supreme Judicial Court of Maine, 2022)
Portland Regional Chamber of Commerce v. City of Portland
2021 ME 34 (Supreme Judicial Court of Maine, 2021)
Clare Hudson Payne v. Secretary of State
2020 ME 110 (Supreme Judicial Court of Maine, 2020)
Reed v. Dunlap
Maine Superior, 2020
Opinion of the Justices
2015 ME 107 (Supreme Judicial Court of Maine, 2015)
Ruggles v. Yagong.
353 P.3d 953 (Hawaii Supreme Court, 2015)
Friends of Congress Square Park v. City of Portland
2014 ME 63 (Supreme Judicial Court of Maine, 2014)
Voorhees v. Sagadahoc County
2006 ME 79 (Supreme Judicial Court of Maine, 2006)
McGee v. Secretary of State
2006 ME 50 (Supreme Judicial Court of Maine, 2006)
McGee v. Secretary of State
Maine Superior, 2006
League of Women Voters v. Secretary of State
683 A.2d 769 (Supreme Judicial Court of Maine, 1996)
Wagner v. Secretary of State
663 A.2d 564 (Supreme Judicial Court of Maine, 1995)
Wyman v. Secretary of State
625 A.2d 307 (Supreme Judicial Court of Maine, 1993)