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1991 Maine Attorney General Reports and Opinions 1 (1991)

handle is hein.sag/sagme0019 and id is 1 raw text is: 91-1
JAMES E. TIERNEY                  o    a
ATTORNEY GENERAL               a
January 2, 1991
Representative Fred L. Richardson
Maine House of Representatives
State House Station #2
Augusta, ME   04333
Dear Representative Richardson:
I am writing to confirm the advice rendered in summary
form to you by my office several weeks ago that there is no
constitutional or legal impediment to your serving
simultaneously as a member of the Maine Legislature and a
member of the School Board of the City of Portland. The
question of the ability of members of the Legislature to hold
municipal office is one that has frequently been posed, in that
many members of the Legislature, past and present, have held
municipal offices of some kind. As set forth more fully below,
it has been the longstanding Opinion of this Department that
there is no constitutional or other legal difficulty presented
by such simultaneous office holding, except for certain county
officers, and except for the office of municipal tax assessor.
The question of the extent to which members of the
Legislature may hold municipal office is essentially one of
interpretation of Article IV, Part 3, Section 11 of the Maine
Constitution. That section provides:
No member of Congress, nor person holding
any office under the United States (post
officers excepted) nor office of profit
under this State, justices of the peace,
notaries public, coroners and officers of
the militia excepted, shall have a seat in
either House while a member of Congress, or
continuing in such office. (emphasis added)

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