| | | retrial, if any, the person may petition a court of competent | | jurisdiction to be resentenced pursuant to section 1271.__If the | | subsequent conviction under section 201 resulted in the | | imposition of a sentence of death and the conviction for the | | prior offense is on appeal or is the subject of a collateral | | proceeding, the sentence of death may not be executed until after | | the final disposition of the appeal, collateral proceeding and | | retrial, if any. |
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| | | Sec. 11. Statutory referendum procedure; submission at statewide election; form of | | question; effective date. This Act must be submitted to the legal voters | | of the State of Maine at a statewide election held on the Tuesday | | following the first Monday of November following passage of this | | Act. The municipal officers of this State shall notify the | | inhabitants of their respective cities, towns and plantations to | | meet, in the manner prescribed by law for holding a statewide | | election, to vote on the acceptance or rejection of this Act by | | voting on the following question: |
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| | | "Do you favor reinstating the death penalty?" |
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| | | The legal voters of each city, town and plantation shall vote | | by ballot on this question, and designate their choice by a cross | | or check mark placed within a corresponding square below the word | | "Yes" or "No." The ballots must be received, sorted, counted and | | declared in open ward, town and plantation meetings and returns | | made to the Secretary of State in the same manner as votes for | | members of the Legislature. The Governor shall review the | | returns and, if it appears that a majority of the legal votes are | | cast in favor of the Act, the Governor shall proclaim that fact | | without delay, and the Act takes effect 30 days after the date of | | the proclamation. |
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| | | The Secretary of State shall prepare and furnish to each city, | | town and plantation all ballots, returns and copies of this Act | | necessary to carry out the purpose of this referendum. |
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| | | This bill reinstates the death penalty subject to a referendum | | on whether the people of the State want to reinstate the death | | penalty. |
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