Dear Editor:

Question #2 on the upcoming ballot is called An Act to Authorize a General Fund Bond Issue for Research and Development and Commercialization.

Preamble: Two thirds of both Houses of the Legislature deeming it necessary in accordance with the Constitution of Maine, Article IX, Section 14 to authorize the issuance of bonds on behalf of the State of Maine to provide funds as described in this Act.

Article IX, Section 14 states that the question submitted to the electors shall be accompanied by a statement setting forth the total amount of bonds of the State outstanding and unpaid, the total amount of bonds of the State authorized and unissued, and the total amount of bonds of the State contemplated to be issued.

Those words are not found in the question to be submitted to the voters.

The Act outlines instructions for the Treasurer of the state but does not reference Article V. Part Third, Treasurer, which states:

Section 3.  Not to engage in trade.  The Treasurer shall not, during the treasurer's continuance in office, engage in any business of trade or commerce, or as a broker, nor as an agent or factor for any merchant or trader.

Is that to be interpreted as the Treasurer’s private interests rather than his capacity as an agent of the state? The term “commercialization” identifies that the funding is for commerce.

Laws are created in the context of other laws. Maihe's Constitutional context differs from statutory context. The Constitution forbids the Legislature from chartering corporations (Article IV Part Third, section 14) and instructs the Legislature to write general laws governing corporations (Article IV Part Third, section 13).

Recently enacted statutory law includes the charter for the Maine Space Corporation, adding to a long list of state-chartered corporations.

The act implies that the two-thirds bar was met but there is no roll call found for either house. A document published by the House called Maine’s Path to Legislation adds the words “of those present” to the constitutional text and a high bar changes to a low bar. “Present” can mean three members.

Susan M. Andersen

Boothbay Harbor