Help us improve in just 2 minutes—share your thoughts in our reader survey.
Maine Question 4, "Right to Repair Law" Vehicle Data Access Requirement Initiative (2023)
| Maine Question 4 | |
|---|---|
 | |
| Election date November 7, 2023 | |
| Topic Business regulation and Transportation | |
Status Approved | |
| Type State statute | Origin Citizens |
Maine Question 4, the "Right to Repair Law" Vehicle Data Access Requirement Initiative, was on the ballot in Maine as an initiated state statute on November 7, 2023.[1] It was approved.
A "yes" vote supported requiring motor vehicle manufacturers to standardize on-board vehicle diagnostics and make access to vehicle systems available to owners and third-party independent shops for repairs. |
A "no" vote opposed requiring motor vehicle manufacturers to standardize on-board vehicle diagnostics and make access to vehicle systems available to owners and third-party independent shops for repairs. |
Election results
|
Maine Question 4 |
||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
341,574 | 84.38% | ||
| No | 63,208 | 15.62% | ||
Overview
What did this initiative do regarding right to repair in Maine?
An automotive right to repair law is legislation designed to ensure that vehicle owners and independent repair shops have access to the necessary information, tools, and software needed to repair and maintain vehicles. These laws require manufacturers to provide the same diagnostic and repair information to vehicle owners and independent repair businesses that authorized dealerships receive. They also seek to prevent manufacturers from mandating the use of exclusive tools or software.[2]
This initiative provided for motor vehicle owners and independent repair facilities in Maine to have access to the vehicle on-board diagnostic systems. It established an independent entity to administer access to vehicle-generated data, as well as ensure that access to this data is secure and develop policies related to the access of this data. The initiative provided that manufacturers would be required to equip vehicles that use a telematics system with an owner-authorized access platform, and required this platform to send commands to in-vehicle components for purposes of maintenance, diagnostics and repair.[1]
As of 2023, four other states—California, Colorado, New York, and Minnesota—enacted right to repair legislation. The right to repair laws in California, Minnesota, and New York pertained to electronic and digital equipment, while the right to repair law in Colorado pertained to agricultural equipment.[3]
Have other states previously voted on right to repair laws?
Massachusetts was the only state where voters approved a right to repair law. In 2012, voters approved Question 1, which required automobile manufacturers to provide non-proprietary diagnostic directly to consumers and safety information needed to repair their automobiles, and in 2020, voters approved Question 1, which required manufacturers that sell motor vehicles equipped with telematics systems to install a standardized open data platform beginning with model year 2022.
Who were the campaigns in support of the initiative?
The Maine Automotive Right to Repair Committee led the campaign in support of the initiative. The committee reported $4.92 million in contributions and $4.7 million in expenditures, according to campaign finance records up to October 24, 2023. In support of the initiative, Kate Kahn, spokesperson for the Maine Right to Repair Coalition, said, "This issue is about choice. Consumers want the ability to choose where to take their cars or trucks to be repaired. They do not want to be told they can only take their autos to expensive dealerships."[4]
The Automakers and Repairers for Vehicle Repair Choice was the campaign registered in opposition to the initiative. The committee reported $116,568 in contributions and $110,909 in expenditures, according to campaign finance records up to October 24, 2023. In opposition to the initiative, the Alliance for Automotive Innovation said, "Mainers already can have their car repaired by any repair shop they choose. And all the information needed to diagnose and repair a vehicle today is also already made available to all vehicle repair shops."[4]
Measure design
Click on the arrows (▼) below for summaries of the different provisions of the initiative.
On-board diagnostic systems: Regarding customer access to on-board diagnostic systems
The initiative would have provided that vehicle owners and independent repair facilities must have access to on-board diagnostic systems. This included commercial vehicles and heavy duty vehicles with a gross vehicle weight rating of more than 14,000 pounds. Access to this information may not have required authorization by the vehicle manufacturer, unless that authorization was standardized across all makes and models of motor vehicles sold in Maine, and was administered by the independent entity described in this measure.[1]
Independent entity: Establishes an independent entity to administer access to vehicle generated data
The initiative would have provided that the attorney general would designate an independent entity to administer access to vehicle-generated data. The entity must have consisted of a representative from a cross section of industry trade groups, including organizations representing motor vehicle manufacturers, aftermarket parts manufacturers, aftermarket parts distributors and retailers, independent motor vehicle service providers and new car dealers. The independent entity would not have been controlled by one or more vehicle manufacturers.[1]
Under this measure, the independent entity would have managed access to vehicle-generated data, as well as ensured that access to this data was secure. The responsibilities of this entity would have included developing policies for the use of data generated by the operation of motor vehicles, and created policies related to the access of this data.[1]
Procedures: Establishes procedures for manufacturers regarding information and systems made available to customers
Under this measure, the components that must have been made available depending on vehicle manufacturing were:
For model year 2002 vehicles sold in Maine, manufacturers must have made available for purchase by owners and independent repair facilities all diagnostic repair tools and components that was made available to authorized repair shops. Each manufacturer would provide diagnostic repair information to each aftermarket scan tool company and third party service information provider they are contracted with in order to build diagnostic tools and service information publications and systems. All diagnostic and repair information that manufacturers provided to its authorized repair shops must have been made available to vehicle owners and independent repair shops for purchase, as well as allowed vehicle owners and independent repair shops to purchase the manufacturer’s diagnostic and repair information system on a daily, monthly, and yearly subscription basis.[1]
For model year 2022-2017 vehicles sold in Maine, access to a vehicle's on-board diagnostic and repair information system must have been the same for an owner or an independent repair facility as that provided to a new vehicle dealer.[1]
For model year 2018 and later vehicles sold in Maine, access to on-board diagnostic and repair information must have been made available through an off the shelf personal computer and to an on-board diagnostic and repair information system integrated and self-contained within the vehicle. Under this measure, manufacturers would provide access to the same on-board diagnostic and repair information available to dealers. All tools and components necessary to complete a full repair of the vehicle must have been provided to vehicle owners and independent repair shops.[1]
Required equipment: Establishes required equipment for vehicles sold in Maine
The initiative would provide that manufacturers of vehicles that use a telematics system sold in Maine would be required to equip vehicles with an owner-authorized access platform. The platform must have been able to communicate all vehicle data by direct connection to the platform, and be accessible to the owner by a mobile-based application. Access must have included the ability to send commands to in-vehicle components for purposes of maintenance, diagnostics and repair.[1]
Under this measure, manufacturers of motor vehicles sold in the United States may have excluded diagnostic, service and repair information necessary to reset an immobilizer system or security-related electronic modules from information provided to motor vehicle owners and independent repair facilities.[1]
Telematics system notice: Establishes notice for prospective vehicle owners
The initiative would provide that the attorney general would establish a notice, for prospective vehicle owners, for a telematics system that included an explanation of the system, a description summarizing the data collected, the ability for the vehicle owner to access the information, and the ability for the motor vehicle owner to authorize an independent repair facility to access this information.[1]
Text of measure
Ballot title
The official ballot title was as follows:
| “ | QUESTION 4: An Act Regarding Automotive Right to Repair. Do you want to require vehicle manufacturers to standardize on-board diagnostic systems and provide remote access to those systems and mechanical data to owners and independent repair facilities? | ” |
Ballot summary
The official ballot summary was as follows:[6]
| “ | This initiated bill requires manufacturers of certain motor vehicles to standardize the vehicle on-board diagnostic systems and make those systems accessible to owners and independent repair facilities. It requires the Attorney General to designate an independent entity to administer the accessibility of vehicle on-board diagnostic systems by adopting standards and developing policies. The initiated bill requires the release of certain diagnostic repair tools, parts, software and components depending on model year of the motor vehicle. It also requires certain motor vehicles to be equipped with a standard access platform and provides exclusions for information otherwise required to be shared with owners or independent repair shops if that information is necessary for immobilizer systems or security-related modules. The initiated bill provides for enforcement by civil action of the provisions related to access and information sharing and provides the available damages. It also requires that the Attorney General establish a notice relating to motor vehicle telematics systems and requires dealers of certain motor vehicles to provide that notice to potential owners of motor vehicles, and it provides for an administrative consequence if a dealer does not comply.[5] | ” |
Fiscal impact statement
The official fiscal impact statement was as follows:[6]
| “ |
This citizen initiative proposes to require manufacturers of certain motor vehicles to standardize the vehicle on-board diagnostic systems and to make those systems accessible to motor vehicle owners and independent repair facilities. Enforcement of this initiative may require the Office of the Attorney General (AG) to take court action. Assuming that this requires one half-time Assistant Attorney General position in the Office of the Attorney General, the ongoing annual costs to pursue and address violations will be approximately $65,000 annually. In the event the initiative itself becomes the subject of litigation, there may be additional costs to the AG to defend the new law in court. Any additional costs to the AG to establish a notice for prospective motor vehicle owners regarding motor vehicle telematics systems are not expected to be significant. This initiative may increase the number of civil suits filed in the court system. The additional workload associated with the minimal number of new cases does not require additional funding for the Judicial Department. The collection of additional filing fees will increase General Fund and dedicated revenue by minor amounts. [5] |
” |
Full text
The full text of the ballot initiative is below:[1]
Readability score
- See also: Ballot measure readability scores, 2023
Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The secretary of state wrote the ballot language for this measure.
The FKGL for the ballot title is grade level 15, and the FRE is 21. The word count for the ballot title is 37.
The FKGL for the ballot summary is grade level 20, and the FRE is 5. The word count for the ballot summary is 188.
Support
The Maine Automotive Right to Repair Committee led the campaign in support of the initiative.[7]
Supporters
Organizations
Arguments
Official arguments
Opposition
Automakers and Repairers for Vehicle Repair Choice led the campaign opposing the initiative.
Opponents
Officials
- State Rep. Tiffany Roberts (D)
Organizations
Arguments
Official arguments
Campaign finance
The Maine Automotive Right to Repair Committee was the campaign registered in support of the initiative. The committee reported $4.92 million in contributions and $4.7 million in expenditures. The Automakers and Repairers for Vehicle Repair Choice was the campaign registered in opposition to the initiative. The committee reported $116,56 in contributions and $110,909 in expenditures.[4]
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $4,921,290.00 | $0.00 | $4,921,290.00 | $4,705,526.37 | $4,705,526.37 |
| Oppose | $110,000.00 | $6,568.00 | $116,568.00 | $104,341.00 | $110,909.00 |
| Total | $5,031,290.00 | $6,568.00 | $5,037,858.00 | $4,809,867.37 | $4,816,435.37 |
Support
The following table includes contribution and expenditure totals for the committees in support of the measure.[4]
| Committees in support of Question 4 | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Maine Automotive Right to Repair Committee | $4,921,290.00 | $0.00 | $4,921,290.00 | $4,705,526.37 | $4,705,526.37 |
| Total | $4,921,290.00 | $0.00 | $4,921,290.00 | $4,705,526.37 | $4,705,526.37 |
Donors
The following were the top donors who contributed to the support committees.[4]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| Coalition for Automotive Repair Equality | $1,320,000.00 | $0.00 | $1,320,000.00 |
| Advance Auto Parts | $675,000.00 | $0.00 | $675,000.00 |
| Autozone | $675,000.00 | $0.00 | $675,000.00 |
| Genuine Parts Company | $675,000.00 | $0.00 | $675,000.00 |
| O'Reilly Auto Parts | $675,000.00 | $0.00 | $675,000.00 |
| Clarios LLC | $250,000.00 | $0.00 | $250,000.00 |
| Dorman Products Inc | $150,000.00 | $0.00 | $150,000.00 |
| East Penn MFG Co Inc. | $50,000.00 | $0.00 | $50,000.00 |
| Mevotech US Inc | $50,000.00 | $0.00 | $50,000.00 |
| Omni Industries | $50,000.00 | $0.00 | $50,000.00 |
| Stryten Energy | $50,000.00 | $0.00 | $50,000.00 |
Oppose
The following table includes contribution and expenditure totals for the committees opposing of the measure.[4]
| Committees in support of Question 4 | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Automakers and Repairers for Vehicle Repair Choice | $110,000.00 | $6,568.00 | $116,568.00 | $104,341.00 | $110,909.00 |
| Total | $110,000.00 | $6,568.00 | $116,568.00 | $104,341.00 | $110,909.00 |
Donors
The following were the top donors who contributed to the opposition committees.[4]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| Alliance for Automotive Innovation | $110,000.00 | $6,568.00 | $116,568.00 |
Methodology
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
Media editorials
- See also: 2023 ballot measure media endorsements
Support
The following media editorial boards published an editorial supporting the ballot measure:
Opposition
The following media editorial boards published an editorial opposing the ballot measure:
Polls
- See also: 2023 ballot measure polls
- Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at editor@ballotpedia.org.
| Maine Question 4, "Right to Repair Law" Vehicle Data Access Requirement Initiative (2023) | ||||||
|---|---|---|---|---|---|---|
| University of New Hampshire | 10/19/23-10/23/23 | 2750 LV | ± 3.5% | 76% | 5% | 20% |
| Question: "If the 2023 Maine Referendum Election were held today, how would you vote on the following ballot questions Question 4: An Act Regarding Automotive Right to Repair" | ||||||
Note: LV is likely voters, RV is registered voters, and EV is eligible voters.
Background
Right to repair laws
Right to repair laws refer to legislation that requires manufacturers to give to owners or independent repair shops access to data needed to repair vehicles, electronics, or other forms of technology. According to The New York Times, most right to repair legislative proposals provide that owners and independent repair facilities have access to software updates, diagnostic tools, and wireless data for their devices or vehicles.[8]
Right to repair laws by state
As of October 2023, four states—California, Colorado, New York, and Minnesota—enacted right to repair legislation. The right to repair laws in California, Minnesota, and New York pertained to electronic and digital equipment, while the right to repair law in Colorado pertained to agricultural equipment.[3]
In 2012, voters approved Question 1, which required automobile manufacturers to provide non-proprietary diagnostic directly to consumers and safety information needed to repair their automobiles, and in 2020, voters approved Question 1, which required manufacturers that sell motor vehicles equipped with telematics systems to install a standardized open data platform beginning with model year 2022.
Vehicle on-board diagnostics
Vehicle on-board diagnostics refers to a vehicle’s system that generates data generated in, stored by, or transmitted by the vehicle, including telematics system data. The initiative defines a telematics system as a system within the vehicle that collects information and transmits that information wirelessly to a remote receiving point where the information is stored or used.[1]
According to the Autocare Association, 50% of cars transmit vehicle data wirelessly and directly only to the vehicle manufacturers in 2021, while 95% of new vehicles sold globally will have this connectivity in 2030.[9]
Massachusetts "Right to Repair" initiative
The first "right to repair law" was approved by the Massachusetts General Assembly and signed into law on November 26, 2013. The 2013 law reconciled the differences between Question 1 (2012), which was approved by 87.7 percent of voters in 2012, and the legislative compromise of the initiative that was approved by the legislature on July 31, 2012. Since the legislative compromise was passed after the July 3 signature deadline, the 2012 initiative could not be removed from the ballot after qualifying. A "right to repair law" had passed in the state Senate once before in 2010, but the previous measure never received a vote by the state House.[10] Question 1 (2012) required automobile manufacturers beginning with model year 2018 to sell diagnostic software to access mechanical data to independent repair facilities and vehicle owners. The diagnostic data had been exclusively accessible to dealerships and authorized repair shops prior to the initiative. The legislative compromise, which enacted similar requirements as the initiative went into effect on November 6, 2012. The difference between the 2012 initiative and the legislative compromise was that the former included motorcycles, recreational vehicles, and some large trucks, while the latter dealt with automobiles and light trucks. The 2013 law that reconciled Question 1 (2012) and the legislative compromise included heavy-duty vehicles but excluded motorcycles.[11]
In 2020, Massachusetts voters approved Question 1, which updated the right to repair law. Question 1 required manufacturers that sell motor vehicles equipped with telematics systems to install a standardized open data platform beginning with model year 2022. The initiative defined telematics systems as a system in a motor vehicle that collects information generated by the operation of the vehicle that is then transmitted through wireless communications to a remote receiving point where it is stored. The measure allowed vehicle owners to access telematics system data through a mobile device application and to give consent for independent repair facilities to access that data and send commands to the system for repair, maintenance, and diagnostic testing.[12]
Path to the ballot
Process in Maine
In Maine, the number of signatures required to qualify an indirect initiated state statute for the ballot is equal to 10 percent of the total votes cast for governor in the most recent gubernatorial election. Petitions can be circulated for up to 18 months, but signatures must be no more than one year old to be valid. Signatures must be filed with the secretary by the 50th day of the first regular legislative session or the 25th day of the second regular session. Maine's initiative process is indirect, which means sufficient initiative petitions first go to the legislature and only go to the ballot if the legislature rejects or does not act on the initiative.
The requirements to get an initiated state statute certified for the 2023 ballot:
- Signatures: 67,682 valid signatures were required.
- Deadline: January 26, 2023
Each petition signature is certified by the local registrar of voters. The signatures are then submitted to the secretary of state. If enough signatures are verified, the initiatives are sent to the legislature. If the legislature approves the initiative, it becomes law. If the legislature does not act on the initiative or rejects it, the initiative goes on the ballot. The legislature may submit "any amended form, substitute, or recommendation" to the people alongside the initiative; this alternative is treated as a competing measure.
Stages of this ballot initiative
- The right to repair initiative was certified to begin signature collection by the secretary of state on October 14, 2022.[1]
- On January 19, 2023, the Maine Right to Repair Coalition submitted more than 83,252 signatures to the secretary of state.[13]
- On February 21, 2023, the secretary of state said that 74,686 of the signatures were found to be valid. This met the 67,682 minimum valid signature requirement to be certified to the legislature.[14]
- On April 13, 2023, the secretary of state sent the initiative to the Maine State Legislature as LD 1677.[15]
- On May 11, 2023, the Maine House of Representatives approved a joint order seeking clarity from a high court on whether or not initiatives that have been certified to the legislature were automatically sent to the November ballot after the state legislature adjourned.[16]
- On June 9, 2023, the Maine Supreme Judicial Court ruled that the state legislature may enact any ballot measures which have qualified for the November 7, 2023, ballot.[17]
- The Legislature adjourned on July 6, 2023. Because the legislature did not take action on the initiative, it was certified for the ballot.[15]
Signature gathering cost
Sponsors of the measure hired JEF Associates to collect signatures for the petition to qualify this measure for the ballot. A total of $874,612.00 was spent to collect the 67,682 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $12.92.
How to cast a vote
- See also: Voting in Maine
See below to learn more about current voter registration rules, identification requirements, and poll times in Maine.
See also
External links
Footnotes
- ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 Maine Secretary of State, "Right to Repair Initiative," accessed January 14, 2022
- ↑ The New York Times, "What You Should Know About Right to Repair," July 15, 2021
- ↑ 3.0 3.1 Repair.org, "Right to Repair 2023 legislation," accessed October 10, 2023
- ↑ 4.0 4.1 4.2 4.3 4.4 4.5 4.6 Maine Ethics Commission, "Maine Automotive Right to Repair Committee," accessed July 17, 2023
- ↑ 5.0 5.1 5.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 6.0 6.1 Maine Secretary of State, "Maine Citizen's Guide to the Referendum Election," accessed September 26, 2023
- ↑ Maine Right to Repair, "Homepage," accessed February 7, 2023
- ↑ The New York Times, "What You Should Know About Right to Repair," July 15, 2021
- ↑ Autocare Association, "National Right to Repair," accessed February 8, 2023
- ↑ Sentinel and Enterprise, "Mass. Senate passes auto ‘right-to-repair’ bill," May 18, 2020
- ↑ Mass Live, "Massachusetts Question 1, 'Right to Repair' referendum, approved by landslide," November 7, 2012
- ↑ Mass.gov, "Initiative 19-06 full text," accessed August 8, 2019
- ↑ U.S. News and World Report, "Signatures Submitted for Maine 'Right to Repair' Referendum," January 19, 2023
- ↑ Maine Press Herald, "Right to Repair ballot initiative petitions approved by Maine secretary of state," February 21, 2023
- ↑ 15.0 15.1 Maine State Legislature, "LD 1677," accessed July 7, 2023
- ↑ Bangor News Daily, "Legislature asks Maine’s high court to settle referendum dispute with Janet Mills," May 11, 2023
- ↑ Portland Press Herald, "Maine’s high court rules lawmakers may still enact citizen referendums," June 9, 2023
- ↑ Maine Revised Statutes, "Title 21-A, Chapter 9, Section 626," accessed April 14, 2023
- ↑ 19.0 19.1 19.2 19.3 19.4 Maine Bureau of Corporations, Elections & Commissions, "State of Maine Voter Guide," accessed April 14, 2023
- ↑ WMTW 8, “Maine governor signs automatic voter registration bill into law,” June 21, 2019
- ↑ Maine Legislature, "H.P. 804 - L.D. 1126: An Act To Update the Voter Registration Process," accessed June 8, 2023
- ↑ National Conference of State Legislatures, "Same Day Voter Registration," accessed January 31, 2023
- ↑ Department of the Secretary of State, "Maine Voter Registration Application," accessed November 1, 2024
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ Maine Secretary of State, "Your Right to Vote in Maine," accessed April 15, 2023
 |
State of Maine Augusta (capital) |
|---|---|
| Elections |
What's on my ballot? | Elections in 2025 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |
