Constitutional Offices

2018-

Henry Beck, Waterville

Created by the Maine Constitution and elected by the Legislature, the constitutional offices of Secretary of State, State Treasurer, and Attorney General are usually members of the political party holding a majority in the combined houses of the legislature.

Secretary of State

Established in 1820 as a constitutional officer, the Secretary of State is authorized to have the custody of the state seal; to keep and preserve the records of all the official acts and proceedings of the Governor, Senate and House of Representatives. When required he must present these records to either branch of the Legislature, and perform such other duties required by the Constitution or by law. The Secretary’s Department consists of three bureaus.

The Bureau of Corporations, Elections and Commissions appoints all notaries public, prepares commissions for appointees and certificates of election to office for presentation to the Governor. The Bureau distributes ballots and other election materials to town clerks. It files articles of incorporation; Uniform Commercial Code transactions, and trademarks. The Bureau maintains rules adopted pursuant to the Administrative Procedures Act and supervises adherence to that Act.

Through the Bureau of Motor Vehicles, the department annually registers motor vehicles, issues licenses for operators, and issues certificates of title for vehicles. The Maine State Archives, the third bureau, preserves and provides access to the permanently valuable official state government records, some of which are over 350 years old. Its records management program assists state agencies in the efficient and economical management of their records.

Treasurer of State

A constitutional officer, the Treasurer is authorized to receive and keep records of all items of income accruing to the State; to deposit such items in banks, reconciling the balances and temporarily investing idle funds. The office sells bonds of the State and keeps records pertaining to that debt. It enter into agreements with banks for custodial care and servicing of negotiable securities belonging to the State; establishes accounts for servicing State agencies; and administers the Abandoned Property Program.

The Treasurer also serves on the Maine Municipal Bond Bank, Maine State Housing Authority, Maine State Retirement System, Finance Authority of Maine, Health and Higher Education Loan Authority Boards, Maine Court Facilities Authority, Maine Education Loan Authority and the Maine School Building Authority.

Attorney General

The Attorney General is the State’s chief legal counsel and chief criminal prosecutor. Much of the staff of deputy and assistant attorneys general are assigned to assist State government departments.

Suits against, or by, the State are coordinated through the Attorney General’s Office. All murder cases are prosecuted exclusively through the Office.

The Attorney General serves on the three member Baxter Park Authority.

As a high profile position, incumbents often consider running for higher political office, such as governor.

Additional resources

Legislative History of Proposed Legislation to Change the Method of Selection or the office of Maine’s Constitutional Officers. (compiled by the staff of the Maine State Law and Legislative Reference Library) Augusta, Me. 2009.

Maine. Secretary of State. “A Brief Statement Concerning the Origin of the Secretary of State and the Department of State in Maine.” Augusta, Me. 1970. [University of Maine, Raymond H. Fogler Library, Special Collections]

State of Maine.  Annual Report. Maine Department of Administrative and Financial Services. Various years.