Laws governing local ballot measures in Maine

Laws Governing Local Ballot Measures

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Terms

Initiative • Home rule • General law city • Charter city • Petition • Circulation period • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative tampering • Registered voter

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Laws Governing Ballot Measures

Maine Constitution
Articles
Preamble • I • II • III • IV-I • IV-II • IV-III • V-I • V-II • V-III • VI • VII • VIII-I • VIII-II • IX • X

Almost all cities and towns in Maine have an initiative process for local ballot measures.

This article sets out the laws governing local ballot measures in Maine. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
• An overview of laws governing local recall elections.

Types of local government

Local government in Maine consists of:

504 General Purpose units, including:

• 16 Counties
• 22 Cities
• 432 Towns
• 34 Plantations

337 Special Purpose units, including:

• 238 Special Districts
• 99 Independent School Districts

Further classifications:

Counties may be:

• Home rule charter: of which there are 3 (Cumberland, Arrostook, and Knox County).
• General Law: of which there are 13.

Cities and towns: Cities and towns have home rule authority through the second part of Article VIII of the Maine Constitution.

• All 22 Cities have a charter.
• Towns may adopt a charter to fully exercise home rule powers. 53 have done so.

School districts

See also: School bond and tax elections in Maine

In Maine, school districts are required to have elections to approve a budget or to issue new bonding and or bond taxes. Regional school districts have budgets set on a triennial basis (every three years) while school administrative units approve their budgets annually. New Hampshire is one of three states along with New Jersey and Connecticut requiring the annual or triennial budget to be approved by the voters. If a budget is not approved by the voters, it is up to the board to come up with another budget that will be approved by the voters.

Local recall rules

According to the book Local Government in Maine, published in 1979 (with a 2005 update) by the Maine Municipal Association:

"In some communities, voters can remove an elected official from office before his or her term expires. Such recall provisions, if included in a town or city charter or local ordinance, allow the citizens, after presenting a valid petition, to vote on whether or not they want to allow an official to continue serving in an office to which he or she was elected."

For additional detail, see: Laws governing recall in Maine

Campaign finance rules

See also: Campaign finance requirements for Maine ballot measures

Initiative process availability

• Towns and plantations that use the town-meeting form of government have a mandated initiative-like process to place articles in the warrant, have proposals considered at the town meeting, and place articles on the next ballot.
• Charter cities have authority to adopt an initiative process for ordinances.
• City and town charters may be amended through a mandated initiative process.

Authority

A guide to local ballot initiatives

Constitution

Maine Constitution, Article IV, Part Third, Sec. 21 grants authority for cities to adopt an initiative and referendum process for ordinances.

“

The city council of any city may establish the direct initiative and people's veto for the electors of such city in regard to its municipal affairs, provided that the ordinance establishing and providing the method of exercising such direct initiative and people's veto shall not take effect until ratified by vote of a majority of the electors of said city, voting thereon at a municipal election. Provided, however, that the Legislature may at any time provide a uniform method for the exercise of the initiative and referendum in municipal affairs.

”

Maine Constitution, Article VIII, Part Second, Sec. 1 grants authority for city charter amendment.

Statutes

The Town Meeting initiative process is granted in the Maine Revised Statutes Section 30-a-2522, Section 30-a-2528(5).

See law: ME Rev. Stat. Sec. 30-a-2522 ME Rev. Stat. Sec. 30-a-2528

A charter amendment initiative process is granted in the Maine Revised Statutes Section 30-a.2104. However, statutes make a distinction between a charter amendment (which may be proposed by initiative and adopted at an election) and charter revision (which requires a formal charter commission). The determination of the distinction is left to the municipal officers.

See law: ME Rev. Stat. Sec. 30-a-2104

Initiative process features

Local I&R Laws in the 50 States

Source:Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

Towns with town meeting government

Town meeting initiative   Citizens in towns that use the town meeting form of government have an initiative process to raise issues and place them on the ballot. See law: ME Rev. Stat. Sec. 30-a-2522 ME Rev. Stat. Sec. 30-a-2528 Section 30-a-2522 Petition for article in warrant: "On the written petition of a number of voters equal to at least 10% of the number of votes cast in the town at the last gubernatorial election, but in no case less than 10, the municipal officers shall either insert a particular article in the next warrant issued or shall within 60 days call a special town meeting for its consideration." Section 30-a-2528 Secret Ballot: "(5) Referendum questions: By order of the municipal officers or on the written petition of a number of voters equal to at least 10% of the number of votes cast in the town at the last gubernatorial election, but in no case less than 10, the municipal officers shall have a particular article placed on the next ballot printed or shall call a special town meeting for its consideration."

Charter cities and towns

Charter amendment   The initiative process for amendments to city charters is governed by the Maine Constitution and state statute. Charters may contain additional requirements. Maine Constitution, Article VIII, Part Second, Sec. 1 ME Rev. Stat. Sec. 30-a-2104 Subject matter restrictions: "The inhabitants of any municipality shall have the power to alter and amend their charters on all matters, not prohibited by Constitution or general law, which are local and municipal in character." (ME Const. Art. VIII, Part 2, Section 1). Each amendment shall be limited to a single subject, but more than one section of the charter may be amended as long as it is germane to that subject. Alternative statements of a single amendment are prohibited. (ME Rev. Stat. Section 30-a.2104(2)) Charter amendment versus revision: "At the request of the petitioners' committee, the petition form shall also contain the following language: Each of the undersigned voters further requests that if the municipal officers determine that the amendment set out below would, if adopted, constitute a revision of the charter, then this petition shall be treated as a request for a charter commission. Upon receipt of a petition containing this language, the municipal officers, if they determine with the advice of an attorney that the proposed amendment would constitute a revision of the charter, shall treat the petition as a request for a charter commission and follow the procedures applicable to such a request." (ME Rev. Stat. Sec. 20-a.2104(4)) Petition form and pre-approval: 5 citizens file an affidavit with the city clerk as the petitioner's committee. They may designate additional voters of the municipality as circulators. The clerk issues the blank petitions. Section 30-a-2104(3) contains other form requirements. (ME Rev. Stat. Sec. 30-a.2102) Signature requirement: 20% of the number of votes cast in a municipality at the last gubernatorial election, but in no case less than 10. (Section 30-a.2104(2)) Circulation period: 120 days from issuance of blank petition. (ME Rev. Stat. Section 30-a.2102) Circulator restrictions: Must be voters of the municipality, designated in the initial filing. Circulator affidavits are required. (ME Rev. Stat. Section 30-a.2102). Submitting signatures: Signatures are filed at one time with the city clerk. (ME Rev. Stat. Section 30-a.2102) Election procedure and results: If filed more than 120 days before the end of the current municipal year, the municipal officers shall order the proposed amendment to be submitted to the voters at the next regular or special municipal election held within that year after the final report is filed. If no such election will be held before the end of the current municipal year, the municipal officers shall order a special election to be held before the end of the current municipal year. A simple majority vote passes the amendment. (Section 30-a.2104(5))

Initiative in the top 10 most populated cities

List of Most Populated Cities in Maine
City	Population	City Type	Next election
Portland	66,363	Charter	11/5/2013
Lewiston	36,491	Charter	11/5/2013
Bangor	33,011	Charter	11/5/2013
South Portland	25,068	Charter	11/5/2013
Auburn	22,985	Charter	11/5/2013
Biddeford	21,386	Charter	11/5/2013
Augusta	19,103	Charter	11/5/2013
Saco	18,581	Charter	11/5/2013
Westbrook	17,540	Charter	11/5/2013
Waterville	15,697	Charter	11/5/2013

The top 10 most populated cities in Maine are all governed under a home rule charter. Initiative is available for charter amendments as detailed above. In addition, all 10 grant initiative for ordinances. The provisions below come from the specific city charter or code. Click on the links to view the full requirements for initiative.

Individual city provisions   Portland: Population as of the July, 2011 census update: 66,363 Charter city The signature requirement is 1,500 voters. To commence an initiative, any 10 registered voters of the city may file with the city clerk an affidavit stating they will constitute the petitioners' committee and are the designated circulators, with other content required in Portland Code, Sec. 9-36. The clerk issues the blank petitions, with form requirements in Portland Code, Sec. 9-37. Completed petitions, assembled as one instrument, must be filed within 80 days of issuance. After certification, the council may adopt the proposed ordinance or submit it at the next regular federal, state, or municipal election which is not less than 90 calendar days after such a council meeting, or call a special election. Restrictions: Neither the initiative article nor ordinances dealing with appropriations, tax levy, or with wages or hours of city employees shall be subject to the initiative. Portland Code, Chap. 9, Art. III Lewiston: Population as of the July, 2011 census update: 36,491 Charter city The signature requirement is 7% of the number of votes cast in the City of Lewiston at the last gubernatorial election. Any 10 qualified voters of the city may originate a petition putting in operation the initiative by signing a petition application at the office of the city clerk. The clerk then issues blank petitions, in compliance with the form requirements in Lewiston Code, Sec. 32-28. Completed petitions must be filed within 60 days of issuance. After certification, the council may adopt the proposed ordinance or shall submit to the voters of the city at the next available, scheduled election, or earlier authorized special election. Restrictions: No ordinance, order or resolve dealing with terms and conditions of employment for city employees shall be subject to the initiative provisions contained in this article. Lewiston Code, Chap. 32, Art. II Bangor: Population as of the July, 2011 census update: 33,011 Charter city The signature requirement is 20% of the number of votes cast in the City of Bangor at the last gubernatorial election. To commence an initiative, any 10 registered voters of the city may file with the city clerk an affidavit stating they will constitute the petitioners' committee along with the other required content in the Bangor Code, Sec. 18-2. After a legal review of the proposal, the clerk issues blank petitions to the committee and any other circulators, in compliance with the form requirements in the Bangor Code, Sec. 18-3. Petitions must be filed within 30 days of issuance. After certification, the council may adopt the proposed ordinance or shall submit it at a regular or special election not less than 60 days after a required public hearing. Restrictions: The right of initiative provided herein shall not apply to ordinances, orders or resolves providing for the appropriation of money, the municipal budget, the levy of taxes or the wages or hours of city employees. Bangor Code, Chap. 18 South Portland: Population as of the July, 2011 census update: 25,068 Charter city The signature requirement is 5% of the qualified electors of the City of South Portland. Petition form requirements are in the South Portland Charter, Sec. 1103 and 1104. There is no pre-approval process required or time limit established in the city charter. Completed petitions shall be assembled and filed with the city clerk as one instrument. After certification, the council has 60 days to adopt or shall submit it to the electors not less than 30 days nor more than 15 months from the date the council takes its final vote thereon. The city council may, in its discretion, and if no regular election is to be held within such period shall, provide for a special election. Restrictions: Initiative may not be used for an ordinance appropriating money or authorizing the levy of taxes. South Portland Charter, Art. XI Auburn: Population as of the July, 2011 census update: 22,985 Charter city The signature requirement is 10% of the number of registered voters as of the date on which the petitioners' committee filed its affidavit. To commence an initiative, any 5 registered voters of the city may file with the city clerk an affidavit stating they will constitute the petitioners' committee and be responsible for circulation, with other content required in the Auburn Charter, Sec. 9-2. The clerk then issues blank petitions, in compliance with the form requirements in the Auburn Charter, Sec. 9-3. Completed petitions must be assembled as one instrument and filed with the clerk within 90 days of issuance. After certification, the council has 60 days to adopt or shall submit at a regular or special election to be held not less than 120 days and not later than 6 months from the date of the final city council vote thereon. Restrictions: Initiative shall not extend to the budget or capital program or any ordinance, order, or resolve relating to appropriation of money, levy of taxes, or salaries of city officers or employees Auburn Charter, Art. IX Biddeford: Population as of the July, 2011 census update: 21,386 Charter city "All issues decided by referendum shall be binding on the City Council and not merely advisory. All referendum questions are to be decided at a general election or special election called for the purpose of voting on the referendum. All referendum questions shall be limited to one part questions and be stated in the affirmative." "(b) Citizen initiated referendum. (1) Groups, organizations or individuals circulating petitions must clearly indicate at the top of each and every petition sheet who the group, persons or entity is and the purpose of the petition. (2) Fifteen percent of registered voters in the City of Biddeford at the time of filing of the petition must sign a petition to bring matters to a referendum. (3) A copy of the petition must be registered with the City Clerk at the commencement of the petition drive. The petitioners will have 30 calendar days from the date of filing to gather signatures. The petitions must be submitted to the City Clerk by the 30th day. (4) All referendum questions are to be decided by a majority vote at a general election or special election called for the purpose of voting on the referendum." Biddeford Charter, Art. XII, Sec. 7 Augusta: Population as of the July, 2011 census update: 19,103 Charter city The signature requirement is 20% of the total votes cast for governor by the voters of the city at the last state gubernatorial election. Any 10 qualified voters of the city may originate an application for initiative by signing such application at the office and in the presence of the city clerk. After a legal review of the proposal, the clerk issues blank petitions. Completed petitions must be filed with the clerk within 75 days of issuance. After certification, the council may adopt the proposed ordinance or shall submit it to the voters of the city at the next regular or special municipal election. Restrictions: No initiative or referendum dealing with appropriations, tax levy or terms and conditions of employment for city employees shall be allowed pursuant to the initiative and referendum provisions contained in this article. The initiative process may not be used when it has the affect of repealing a Council Order authorizing a contract or impairs the City's obligation of contract. Augusta Charter, Art. V-A Saco: Population as of the July, 2011 census update: 18,581 Charter city The signature requirement is 10% of the total number of votes cast at the last regular City election. Any 5 qualified voters may commence initiative proceedings by filing with the city clerk an affidavit stating that they will constitute the petitioners' committee and be responsible for circulating the petition, with other required content in the Saco Code, Sec. 11-2. The clerk then issues blank petitions, with content requirements in the Saco Code, Sec. 11-3. Completed petitions must be assembled as one instrument and filed with the city clerk. The city code does not establish a time limit for circulation of initiative petitions. After certification, the council has 60 days to adopt the proposed ordinance or shall submit it at a regular or special election to be held not less than 30 days and not later than one year from the date of the final Council vote thereon. Restrictions: Initiative shall not extend to the budget or any ordinance relating to appropriation of money, levy of taxes or salaries of City officers or employees. Saco Code, Chap. 11 Westbrook: Population as of the July, 2011 census update: 17,540 Charter city The signature requirement is 10% of the number of registered voters as of the date of the last preceding regular municipal election. Any 5 or more qualified voters of the city may originate a petition for an initiative election by signing such a petition at the office of the city clerk. The originators of said petition shall be known as the petitioner's committee and qualified as the circulators thereof. The clerk then prepares the blank petitions, in compliance with the form requirements found in the Westbrook Code, Sec. 8-4. The clerk keeps an original on file for signatures during business hours and copies may be circulated and filed with the clerk. Signature gathering is limited to 30 days. After certification, the council may adopt the proposed ordinance or shall submit it to the voters of the city at a special election to be held not less than 30 nor more than 60 days after said council meeting; provided that, if the date set for said special election shall fall within 4 months of the next regular state or municipal election, no such special election shall be called and the question shall be submitted at said regular election. A simple majority vote passes the ordinance, provided the total number of votes cast for and against the questions equals or exceeds thirty 30% of the total votes cast in the city at the last prior gubernatorial election. Restrictions: Initiative provisions shall not apply to any administrative matters directly relating to the fiscal affairs of the city or tax levy of the city or any ordinance relative to such matters. Westbrook Code, Chap. 8 Waterville: Population as of the July, 2011 census update: 15,697 Charter city The signature requirement is 15% of the registered voters at the last regular municipal election. To commence an initiative, any voter or voters of the city may make and file with the city clerk an affidavit containing their name or names, address(es) and the address to which all notices are to be sent, with other required content in Waterville Charter, Art. XI, Sec. 4. The clerk then issues blank petitions, in compliance with the form and content requirements in Sec. 5 and 6. Completed petitions must be assembled and filed as one instrument and filed with the clerk within 45 days of filing the initial affidavit. After certification, the council has 60 days to adopt the proposed ordinance or shall submit it at a regular or special election not less than 30 days nor more than one year from the date the city council takes its final vote thereon. Waterville Charter, Art. XI

External links

• Research document of Maine local I&R laws
• Maine Municipal Association
• Links to Maine municipal ordinances and charters, Maine Municipal Association