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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.

203 opinions
6 opinions Equal Protection

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Could Maine's LD 340 constitutionally bar federally certified foreign workers from working in timber harvesting on Maine state lands?

No. The AG concluded LD 340 was unconstitutional on two grounds: federal preemption (because the federal foreign-worker certification program already determines who can lawfully work in U.S. timber jo…

April 15, 2011

Could Maine constitutionally require people to live in Maine for a certain period of time before becoming eligible for TANF or Medicaid?

No. The AG concluded a durational residency requirement for state-administered TANF and Medicaid would violate the Fourteenth Amendment under Shapiro v. Thompson (1969) and Saenz v. Roe (1999). States…

October 25, 2010

Did Maine's Constitution require the Legislature to pass LD 203, which would have barred college students living in college-owned housing from establishing voting residency in Maine?

No. The AG concluded that Article II, Section 1 did not require LD 203, and that the bill, if enacted, would likely have been struck down on Equal Protection grounds because it singled out college stu…

February 14, 2008

Can Maine give its Penobscot and Passamaquoddy tribal representatives a vote in the Legislature, and what privileges can they get without it?

The Maine AG concluded that letting a Tribal Government Representative cast a counting vote on the House floor would violate both the U.S. and Maine Constitutions under the 'one person, one vote' rule…

November 16, 1999

Would a Maine bill exempting migrant-labor mobile home parks from health and safety regulation violate equal protection?

Yes. The AG concluded LD 507, as amended, would violate the equal-protection clauses of the U.S. and Maine Constitutions. The amendment would have stripped migrant-labor mobile home parks of the licen…

May 30, 1995

Is it constitutional for the Passamaquoddy Water District's charter to make its property taxable by municipalities when other Maine water districts are exempt, and would repealing that taxability trigger Maine's state-mandate or municipal-reimbursement clauses?

Constitutional, but with limits. The AG concluded that municipalities served by the Passamaquoddy Water District may legally tax the district's property under its existing charter (the cost passes thr…

March 7, 1994

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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.

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