Maine Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Maine, with full citations and the original source on every page.
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Did Maine's 2013 AG opinion say the Legislature can pass a continuing resolution to keep state government funded if the Governor vetoes the budget and the Legislature can't override?
No. The AG's short answer was that the Maine Constitution and statutes neither authorize nor envision a continuing resolution or any similar federal-style mechanism. Because Maine requires a balanced …
Was Maine's 2006 TABOR ballot initiative, requiring 2/3 legislative votes and statewide voter approval for tax increases, constitutional under the Maine Constitution?
The Maine AG concluded that the 2006 TABOR initiative would likely fail four separate constitutional tests: (1) by requiring statewide voter approval for tax increases it surrendered the Legislature's…
When does a regular legislative bill have to be sent to Maine voters as a 'competing measure' against an initiated bill on the same topic?
When the regular bill deals broadly with the same subject as the initiated bill, particularly in a way that is inconsistent with the initiated bill so that the two cannot stand together (Farris ex rel…
Can the Maine Legislature designate confirmation committees by simple resolution, and can it extend its session by majority vote despite a statutory adjournment deadline?
The Maine AG concluded that the 'as provided by law' clause in Me. Const. art. V, pt. 1, § 8 modifies all of the preceding committee-composition language, and that the Maine Legislature can designate …
Does Section 19 of L.D. 1892 (the Compact for Maine's Forests) need a two-thirds vote to be enacted as a competing measure?
The Maine AG concluded that Section 19 of L.D. 1892, which prescribed how the Compact for Maine's Forests would be submitted to voters as a competing measure to the citizen-initiated clearcutting ban …
Does the Maine Legislature need a two-thirds vote to enact a competing measure to an initiated bill?
No. The Maine AG concluded that a competing measure to initiated legislation requires only a simple majority. The constitutional provision authorizing competing measures (art. IV, pt. 3, § 18(2)) does…
How can the Maine Legislature respond to a pending clearcutting initiative without forcing every related bill to go to voters?
The Maine AG told Senate President Butland that any forest-practices bill inconsistent with L.D. 1819 must be submitted to voters as a competing measure (Dorsky rule), unless the Legislature enacts it…
Can the Maine Legislature pass forest-practices legislation at a special session in response to a pending clearcutting initiative?
Yes. The Maine AG told Governor King that the Legislature could enact a competing measure to L.D. 1819 at a special session (not only at the regular session), and that it could also pass legislation c…
Can the Maine Legislature use an emergency resolve to authorize the State to buy real estate, when the state constitution forbids emergency bills from including provisions for the purchase of real estate?
Yes in this case. AG Tierney concluded the Edwards Dam resolve did not violate Article IV, Part 3, Section 16 because the underlying real-estate authority already existed in 12 M.R.S.A. § 6252-A(5); t…
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Attorney general opinions in Maine are written by the Maine Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.