USA Statutes : maine
Title : Title 21-A. ELECTIONS
Chapter : Chapter 11. BALLOT QUESTIONS
Title 21-A - §901-A. Petition requirements for direct initiatives of legislation
Title 21-A: ELECTIONS
Chapter 11: BALLOT QUESTIONS
§901-A. Petition requirements for direct initiatives of legislation
The following provisions apply to direct initiatives of legislation under the Constitution of Maine, Article IV, Part Third,
Section 18.
[2005, c. 356, §1 (new).]
1. Opportunity to read direct initiative summary. A person circulating a petition must provide the voter the opportunity to read the proposed direct initiative summary required
by section 901 prior to that voter signing the petition. The summary presented to the voter must be as it appears on a publicly
accessible website established by the Secretary of State.
[2005, c. 356, §1 (new).]
2. Required statements; placement of information. The Secretary of State shall include the following statements at the top of the petition to be submitted to voters in a
type size of no less than 16 points:
p align="center">"Freedom of Citizen Information: Before a registered voter signs any initiative petition, signature gatherers must offer the
voter the opportunity to read the proposed initiative summary prepared by the Secretary of State."
p align="center">"Ballot questions during the 20.. election [most recent election cycle] cost taxpayers approximately $........ [Secretary
of State shall use fiscal information provided by the Office of Fiscal and Program Review] each to be placed on the ballot.
As a citizen of Maine, you have a right to this information."
p align="center">The summary of the proposed direct initiative must be printed on the petition immediately following the statements required
by this subsection.
[2005, c. 356, §1 (new).]
Section History:
PL 2005,
Ch. 356,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §901. Petitions
Title 21-A: ELECTIONS
Chapter 11: BALLOT QUESTIONS
§901. Petitions
To initiate proceedings for a people's veto referendum or the direct initiative of legislation, provided in the Constitution
of Maine, Article IV, Part Third, Sections 17 and 18, a voter shall submit a written application to the Department of the
Secretary of State on a form designed by the Secretary of State. The application must contain the names, addresses and signatures
of 5 voters, in addition to the applicant, who are designated to receive any notices in proceedings under this chapter. For
a direct initiative, the application must contain the full text of the proposed law. The voter submitting the application
shall sign the application in the presence of the Secretary of State, the Secretary of State's designee or a notary public.
[1993, c. 695, §33 (amd).]
div>
On receipt, the Secretary of State or the Secretary of State's designee shall review the application and determine the form
of the petition to be submitted to the voters. The date the approved form of the petition is provided to the voter submitting
the application is the date of issuance for the purposes of this chapter.
[1993, c. 695, §34 (amd).]
1. Limitation on petitions. An application for a people's veto referendum petition must be filed in the Department of the Secretary of State within
10 business days after adjournment of the legislative session at which the Act in question was passed. A direct initiative
of legislation must meet the filing deadlines specified in the Constitution of Maine, Article IV, Part Third, Section 18.
[1997, c. 581, §2 (amd).]
2. Furnished within 10 days.
[1993, c. 352, §1 (rp).]
3. Forms printed by voters.
[1993, c. 352, §1 (rp).]
3-A. Review for proper form. The Secretary of State shall review the proposed law for a direct initiative of legislation within 10 business days after
receipt of the application and either reject the application or provide a first revised draft of the initiative legislation
to the applicant within that time. The Secretary of State may reject the application if the Secretary of State determines
that the proposed law:
A. Does not conform to the form prescribed by the Secretary of State; or
[1993, c. 352, §1 (new).]
B. Does not conform to the essential aspects of the drafting conventions established for the Maine Revised Statutes. The drafting
conventions include but are not limited to:
(1) Correct allocation to the statutes and correct integration with existing statutes;
(2) Bill titles and statute section headnotes that objectively reflect the content of the bill, section or sections to which
they apply;
(3) Conformity to the statutory numbering system; and
(4) Ensuring that bills enacting statutes do not contain provisions that describe intent or make testimonial statements
without creating a legal requirement or duty.
[1993, c. 352, §1 (new).]
By consent of the applicant the proposed law may be modified to conform with the requirements of this section. The Secretary
of State may request assistance from the Revisor of Statutes in reviewing the proposed law.
The applicant shall submit each subsequent draft of the legislation to the Secretary of State for review following the same
process. The Secretary of State shall review each subsequent draft from the applicant and provide a revised draft or written
response suggesting how the proposed law may be modified to conform with the requirements of this section within 10 business
days. Before the ballot question is drafted by the Secretary of State, written consent to the final language of the proposed
law must be given by the applicant.
[1997, c. 581, §3 (amd).]
3-B. Approved petitions printed by voters. A voter must print the petitions in the form approved by the Secretary of State.
[1993, c. 352, §1 (new).]
4. Ballot question. The ballot question for an initiative or a people's veto referendum must be drafted by the Secretary of State in accordance
with section 906 and rules adopted in accordance with the Maine Administrative Procedure Act. The Secretary of State shall
provide the ballot question to the applicant for a people's veto referendum within 10 business days after receipt of a properly
completed application. The Secretary of State shall provide the ballot question to the applicant for an initiative within
10 business days after the applicant has submitted to the Secretary of State written consent to the final language of the
proposed law. The question must be conspicuously displayed on the face of the petition.
[1997, c. 581, §4 (amd).]
5. Summary of proposal. For a direct initiative, the Secretary of State shall request the Revisor of Statutes to recommend a concise summary that
objectively describes the content of the proposed law. The Secretary of State shall approve or amend the summary and the
summary must be attached to the end of the proposed law.
[1993, c. 352, §1 (new).]
6. Rejection. If the Secretary of State rejects an application under this section, the Secretary of State shall provide a written statement
of the reasons for the decision.
[1993, c. 352, §1 (new).]
7. Court review. A voter named in the application under this section may appeal any decision made by the Secretary of State under this section
using the procedures for court review provided for in section 905, subsections 2 and 3.
[1993, c. 352, §1 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1991,
Ch. 862,
§8
(AMD).
PL 1993,
Ch. 352,
§1
(AMD).
PL 1993,
Ch. 695,
§33,34
(AMD).
PL 1997,
Ch. 581,
§2-4
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §902. Verification and certification
Title 21-A: ELECTIONS
Chapter 11: BALLOT QUESTIONS
§902. Verification and certification
The verification and certification of the petition as required by the Constitution of Maine, Article IV, Part Third, Section
20, must be worded so that a single verification or certification may cover one or more pages fastened together as a single
petition.
[1985, c. 161, § 6 (new).]
div>
The petitions must be signed, verified and certified in the same manner as are nonparty nomination petitions under section
354, subsections 3 and 4 and subsection 7, paragraphs A and C.
[1997, c. 581, §5 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1997,
Ch. 581,
§5
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §903-A. Circulation
Title 21-A: ELECTIONS
Chapter 11: BALLOT QUESTIONS
§903-A. Circulation
Petitions issued under this chapter may be circulated by any registered voter.
[1989, c. 92, §1 (new).]
1. Filing. Filing of petitions in accordance with the deadlines specified in the Constitution of Maine, Article IV, Part Third, Section
18 must be completed within one year of the date of issuance under this chapter.
[1997, c. 637, §1 (amd).]
2. Invalid petition. Petitions not filed in accordance with the deadlines specified in the Constitution of Maine, Article IV, Part Third, Section
18 within one year of the date of issuance under this chapter are invalid for circulation.
[1997, c. 637, §1 (amd).]
Section History:
PL 1989,
Ch. 92,
§1
(NEW).
PL 1993,
Ch. 695,
§35
(AMD).
PL 1993,
Ch. 695,
§38
(AFF).
PL 1997,
Ch. 637,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §903. Instructions to be printed on
Title 21-A: ELECTIONS
Chapter 11: BALLOT QUESTIONS
§903. Instructions to be printed on
The Secretary of State shall prepare complete instructions to inform the clerk and the signer or circulator of a petition
of the statutory and constitutional requirements. The instructions must specify the conditions which have been held to invalidate
either individual signatures or complete petitions. The instructions must be printed in bold type or capital letters on the
petition.
[1985, c. 161, § 6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §904-A. Payment per signature; prohibition (REPEALED)
Title 21-A: ELECTIONS
Chapter 11: BALLOT QUESTIONS
§904-A. Payment per signature; prohibition (REPEALED)
Section History:
PL 1993,
Ch. 599,
§1
(NEW).
PL 1997,
Ch. 61,
§1
(AMD).
PL 2001,
Ch. 516,
§19
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §904-B. Payment for signature; prohibition
Title 21-A: ELECTIONS
Chapter 11: BALLOT QUESTIONS
§904-B. Payment for signature; prohibition
A circulator of an initiative or a referendum petition or a person who causes the circulation of an initiative or referendum
petition may not pay or offer to pay any compensation to a person for the person's signature on the initiative or referendum
petition.
[1993, c. 599, §2 (new).]
Section History:
PL 1993,
Ch. 599,
§2
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §904. Violations and penalties
Title 21-A: ELECTIONS
Chapter 11: BALLOT QUESTIONS
§904. Violations and penalties
The commission of any of the following acts is a Class E crime:
[1985, c. 161, § 6 (new).]
1. False statement. A circulator of an initiative or referendum petition who willfully swears that one or more signatures to the petition were
made in his presence when those signatures were not made in his presence or that one or more signatures are those of the persons
whose names they purport to be when he knows that the signature or signatures are not those of such persons;
[1985, c. 161, § 6 (new).]
2. False acknowledgement of oath. A person authorized by law to administer oaths who willfully and falsely acknowledges the oath of a circulator of an initiative
or referendum petition when that oath was not made in his presence;
[1985, c. 161, § 6 (new).]
3. Unauthorized signature. A person who knowingly signs an initiative or referendum petition with any name other than his own; or
[1985, c. 161, § 6 (new).]
4. Duplicate signature. A person who knowingly signs his name more than once on initiative or referendum petitions for the same measure.
[1985, c. 161, § 6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §905. Review of initiative and referendum petitions
Title 21-A: ELECTIONS
Chapter 11: BALLOT QUESTIONS
§905. Review of initiative and referendum petitions
1. Secretary of State. The Secretary of State shall review all petitions filed in the Department of the Secretary of State for a people's veto
referendum under the Constitution of Maine, Article IV, Part Third, Section 17, or for a direct initiative under the Constitution
of Maine, Article IV, Part Third, Section 18.
The Secretary of State shall determine the validity of the petition and issue a written decision stating the reasons for the
decision within 30 days after the final date for filing the petitions in the Department of the Secretary of State under the
Constitution of Maine, Article IV, Part Third, Section 17 or 18.
[1993, c. 352, §2 (rpr).]
2. Superior Court. Any voter named in the application under section 901, or any person who has validly signed the petitions, if these petitions
are determined to be invalid, or any other voter, if these petitions are determined to be valid, may appeal the decision of
the Secretary of State by commencing an action in the Superior Court. This action shall be conducted in accordance with the
Maine Rules of Civil Procedure, Rule 80C, except as modified by this section. In reviewing the decision of the Secretary of
State, the court shall determine whether the description of the subject matter is understandable to a reasonable voter reading
the question for the first time and will not mislead a reasonable voter who understands the proposed legislation into voting
contrary to his wishes. This action must be commenced within 5 days of the date of the decision of the Secretary of State
and shall be tried, without a jury, within 15 days of the date of that decision. Upon timely application, anyone may intervene
in this action when the applicant claims an interest relating to the subject matter of the petitions, unless the applicant's
interest is adequately represented by existing parties. The court shall issue its written decision containing its findings
of fact and stating the reasons for its decision within 30 days of the commencement of the trial or within 45 days of the
date of the decision of the Secretary of State, if there is no trial.
[1987, c. 119, §1 (amd).]
3. Supreme Judicial Court. Any aggrieved party may appeal the decision of the Superior Court, on questions of law, by filing a notice of appeal within
3 days of that decision. The appellant must file the required number of copies of the record with the clerk within 3 days
after filing notice of appeal. After a notice of appeal is filed, the parties have 10 days to file briefs with the clerk of
courts. As soon as the record and briefs have been filed, the court shall immediately consider the case. The standard of
review shall be the same as for the Superior Court. The court shall issue its decision within 30 days of the date of the
decision of the Superior Court.
[1987, c. 119, § 1 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1987,
Ch. 119,
§1
(AMD).
PL 1993,
Ch. 352,
§2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §906. Form of ballot
Title 21-A: ELECTIONS
Chapter 11: BALLOT QUESTIONS
§906. Form of ballot
The Secretary of State shall prepare the ballots for referendum questions according to the following provisions, subject to
the authority contained in section 604-A.
[1987, c. 188, § 16 (amd).]
1. Referendum questions on separate ballot.
[1997, c. 581, §6 (rp).]
1-A. Referendum questions on same ballot. Referendum questions may be printed on the same ballot used for the election of state candidates or municipal elections,
as determined by the Secretary of State in accordance with section 604-A. There must be a place on the ballot for the voter
to designate the voter's choice. A referendum question must be arranged so that the voter may vote for or against it.
[2001, c. 310, §68 (amd).]
2. Bond issues; total interest. Whenever ratification by the electors is essential to the validity of bonds issued on behalf of the State, the ballot must
contain the total interest necessary for the retirement of the bonds outstanding and unpaid.
[1985, c. 161, § 6 (new).]
3. Distinctively colored. Referendum ballots must be printed on paper of a distinctive color selected by the Secretary of State, unless the referendum
ballot is combined with the same ballot used for the election of state candidates or municipal elections under subsection
1-A.
[1997, c. 581, §8 (amd).]
4. Size. The Secretary of State shall determine the size of the ballots.
[1985, c. 161, § 6 (new).]
5. Contents concealed.
[1997, c. 581, §9 (rp).]
6. Wording of ballots for people's veto and direct initiative referenda. Ballots for a statewide vote on a people's veto referendum or a direct initiative must set out the question or questions
to be voted on as set forth in this subsection.
A. The Secretary of State shall advise petitioners that the proper suggested format for an initiative question is a separate
question for each issue. In determining whether there is more than one issue, each requiring a separate question, considerations
include whether:
(1) A voter would reasonably have different opinions on the different issues;
(2) Having more than one question would help voters to better understand the subject matter; and
(3) The questions are severable and can be enacted or rejected separately without negating the intent of the petitioners.
[1993, c. 352, §3 (rpr).]
B. The Secretary of State shall write the question in a simple, clear, concise and direct manner that describes the subject
matter of the people's veto or direct initiative.
[1993, c. 352, §3 (rpr).]
C. The question must be phrased so that an affirmative vote is in favor of the people's veto or direct initiative.
[1993, c. 352, §3 (rpr).]
D. If the Legislature adopts a competing measure, the ballot must clearly designate the competing question and legislation
as a competing measure and allow voters to indicate whether they support the direct initiative, support the competing measure
or reject both.
[1993, c. 352, §3 (rpr).]
E. If there is more than one direct initiative referendum on the same general subject, the Secretary of State shall write the
questions in a manner that describes the differences between the initiatives.
[1993, c. 352, §3 (rpr).]
[1993, c. 352, §3 (rpr).]
6-A. Wording of referendum questions enacted by the Legislature. The proper format for a statutory referendum enacted by the Legislature is a separate question for each issue. In determining
whether there is more than one issue, each requiring a separate question, considerations include whether:
A. A voter would reasonably have different opinions on the different issues;
[1993, c. 352, §4 (new).]
B. Having more than one question would help voters to better understand the subject matter; and
[1993, c. 352, §4 (new).]
C. The Legislature determines the questions are severable and can be enacted or rejected separately without negating the intent
of the Legislature.
[1993, c. 352, §4 (new).]
[1993, c. 352, §4 (new).]
7. Order of questions on the ballot. The Secretary of State shall arrange questions on the ballot in the following order: carry-over measures from a previous
election; people's veto questions; initiated measures; bond issues; constitutional amendments; and other legislatively proposed
referenda. Within each group, questions must be arranged in a random order determined by a selection process conducted in
public. All ballot questions must be numbered sequentially.
[1997, c. 581, §10 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1987,
Ch. 119,
§2
(AMD).
PL 1987,
Ch. 188,
§16
(AMD).
PL 1993,
Ch. 352,
§3,4
(AMD).
PL 1993,
Ch. 473,
§41
(AMD).
PL 1993,
Ch. 473,
§46
(AFF).
PL 1995,
Ch. 459,
§114
(AMD).
PL 1997,
Ch. 581,
§6-10
(AMD).
PL 2001,
Ch. 310,
§68
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
