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Battle Over Adjournment Definition May Wait Until January

AUGUSTA, Maine - Maine Attorney General Janet Mills asserts that the Legislature has been in recess, so the governor must act on legislation within the 10 days allotted by the Constitution or they became law without his signature. 

But Gov. Paul LePage is not giving up on his interpretation of the state Constitution, and told MPBN News Monday morning that he plans to ask the state Supreme Court for its opinion.

“I haven’t decided yet when I will," LePage said, in a brief conversation. “I may let it wait until January.”

LePage says the Legislature adjourned on June 30, so he will have to act within three days of when they reconvene for three days, either this week or next January, when the second regular session of the 127th Maine Legislature convenes as prescribed by the state Constitution.

Mills issued an opinion at the request of several lawmakers on Friday saying the governor’s interpretation is wrong.  She dismissed the legal arguments raised by LePage’s chief legal counsel, Cynthia Montgomery, saying the precedents Montgomery cited all refer to when the legislature had adjourned "sine die," or "without day," the formal indication of the end of the session.

“That clearly was not the case," Mills said. “The Legislature recessed with the clear intention of returning July 16, so the governor had 10 days to act on the legislation presented to him.”

She said all of the bills are now finally passed. Some took effect immediately and some will become law 90 after the Legislature finally adjourns.

The  $15 million senior housing bond question will now appear on the November ballot.

Journalist Mal Leary spearheads Maine Public's news coverage of politics and government and is based at the State House.