Citizens of Maine may initiate legislation through the process of indirect initiative. In Maine, successful petitions are first presented to the Maine State Legislature. If the measure is not adopted without change or is vetoed by the governor, the law is placed before voters. The legislature may submit "any amended form, substitute, or recommendation" to the people alongside the bill--this alternative is treated as a competing measure. In Maine, citizens also have the power to repeal legislation via veto referendum. Maine residents may not amend their constitution via initiative or directly initiate legislation. The Maine State Legislature may also place measures on the ballot as legislatively referred constitutional amendments or legislatively referred state statutes.
Of the 24 states that allow citizens to initiate legislation through the petition process, several states have adopted restrictions and regulations that limit the allowable scope and content of initiated proposals. These regulations may include laws that mandate that initiatives address only one topic, restrict the range of acceptable topics for proposed laws, prohibit unfunded mandates and establish guidelines for adjudicating contradictory measures.
Maine does not employ a single-subject rule.
See law: Maine Constitution, Article IV, Part 3, Sections 17-22 and Maine Revised Statutes, Title 21-A, Chapter 11
Maine does not restrict the subject matter of initiated measures. However, if there are insufficient state funds available for a measure and the initiated measure does not specify a sufficient funding source, the measure's effective date is delayed to allow the legislature to appropriate funds. Such measures take effect 45 days after the start of the next legislative session.
See law: Maine Constitution, Article IV, Part 3, Section 19
In Avangrid v. Dunlap (2020), the Maine Supreme Judicial Court held that a ballot initiative cannot "vacate and reverse a particular administrative decision" made by a government agency. According to the Supreme Judicial Court, ballot initiatives must be legislative, not executive, in nature. While legislation can define an agency’s functions and authority, stated the court, legislation cannot interfere with an agency's executive power to make a decision.[1]
In Black et al. v. Bureau of Parks and Lands et al. (2022), the Supreme Judicial Court held that the U.S. Constitution's Contract Clause does not permit an initiative to retroactively invalidate a lease without demonstrating "'significant and legitimate' countervailing public purpose."[2]
See: Avangrid v. Dunlap (2020) and Black v. Bureau of Parks and Lands (2022)
In Maine, veto referendums cannot be used on emergency legislation.
See law: Maine Constitution, Article IV, Part 3, Sections 17 and 18
Maine law provides that in the event that two measures conflict, the ballot will be organized so that voters may select one of the measures or reject both, eliminating the possibility of both being approved by a majority. If no measure is approved by a majority of the voters casting a vote on both measures, then the measure that receives the most votes will be placed on the next statewide ballot within 60 days, provided it received approval from at least one-third of all the votes cast for or against the measures. The legislature may call a special election for this purpose.
See law: Maine Constitution, Article IV, Part 3, Section 18
Each initiative and referendum state employs a different procedure for filing petition applications. Some states require preliminary signatures while others do not. In addition, several states review each proposed statute, verifying that the law conforms to the style and conventions of state law and recommending alterations to initiative proponents. Some of these states also review the law for more substantive considerations of content and consistency. Also, many states conduct a review of the ballot title and summary, and several states employ a fiscal review process which analyzes proposed laws to determine their impact on state finances.[3][4][5]
Prior to circulation, petitioners must file an application with the secretary of state along with the signatures of six voters. These voters will receive notices regarding the progress of the initiative. Along with the application, sponsors must include the full text of the law and a summary explaining the purpose of the initiative. An application form can be found on the website of the Maine secretary of state or by contacting the office of the Maine secretary of state.
See law: Maine Revised Statutes, Title 21-A, Chapter 11, §901
After an application is submitted, the secretary of state must review the proposed law to ensure that it conforms to the secretary's formal requirements and the drafting conventions for statutes. If the secretary finds that a proposed statute does not meet these conditions, he or she will suggest a revised draft of the proposed bill. The secretary of state may ask for help from the Maine revisor of statutes. Sponsors may edit the petition according to the revised draft or the individual suggestions and reapply. The secretary of state may also modify the proposal with the permission of the sponsors. The final draft must receive written approval from the sponsors before going forward. No changes can be made to the text of the measure without the consent of proponents. Once the secretary has approved the text of the measure, he or she determines the form of the petition and provides it to the sponsors. Petitioners are responsible for printing copies for circulation.
The drafting conventions for statutes in Maine include, but are not limited to:
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(1) Correct allocation to the statutes and correct integration with existing statutes; |
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See law: Maine Revised Statutes, Title 21-A, Chapter 11, §901
The secretary of state requests the revisor of statutes to prepare a concise summary statement objectively outlining the content of the proposed law. This statement must be included on each signature petition form.
See law: Title 21-A, Chapter 11, §901-A
The Office of Fiscal and Program Review prepares a fiscal impact statement for each ballot measure. The statement must summarize the impact of the measure on state funds. In addition, it must summarize the amount transferred from state to local governments. Each signature petition sheet must contain this summary.
See laws: Maine Revised Statutes, Title 1, Chapter 11, §353 and Title 21-A, Chapter 11, §901-A
Each initiative and referendum state employs a unique method of calculating the state's signature requirements. Some states mandate a certain fraction of registered voters while others base their calculation on those who actually voted in a preceding election. In addition, many states employ a distribution requirement, dictating where in the state these signatures must be collected. Beyond these overarching requirements, many states regulate the manner in which signatures may be collected and the timeline for collecting them.
In Maine, the signature requirement for citizen-initiated measures is 10 percent of the total votes cast for governor in the last gubernatorial election prior to the filing of such petition. If there is a gubernatorial election after sponsors are cleared for circulation but before they submit their petition, the number of required signatures is determined by the election that occurs after they are cleared for circulation.[7]
The chart below shows election years and the signature requirement for initiatives intended to appear on the ballot in that year, with gubernatorial election years bolded.
Year | Initiative | Referendum |
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2023 | 67,682 | 67,682 |
2022 | 63,067 | 63,067 |
2021 | 63,067 | 63,067 |
2020 | 63,067 | 63,067 |
2019 | 63,067 | 63,067 |
2018 | 61,123 | 61,123 |
2017 | 61,123 | 61,123 |
2016 | 61,123 | 61,123 |
2015 | 61,123 | 61,123 |
2014 | 57,277 | 57,277 |
2013 | 57,277 | 57,277 |
2012 | 57,277 | 57,277 |
2011 | 57,277 | 57,277 |
2010 | 55,087 | 55,087 |
2009 | 55,087 | 55,087 |
2008 | 55,087 | 55,087 |
2007 | 55,087 | 55,087 |
See law: Maine Constitution, Article IV, Part 3, Section 18
Maine does not have a distribution requirement. Therefore, any proportion of the required signatures may be collected from any county or political district.
See law: Maine Constitution, Article IV, Part 3, Sections 17-22 and Maine Revised Statutes, Title 21-A, Chapter 11
In Maine, there are no statutes that prevent a circulator from signing the petition being circulated. Each initiative petition contains a mandatory circulator affidavit. The circulator is required to sign these affidavits before a public notary. He/she must swear to and sign a statement, under the penalty of law, that he/she personally witnessed every act of signing the petition.[8] According to Maine Statutes and Codes 21-A §903-A, those circulating petitions are required:[9]
Once circulation is completed, the signatures must be submitted to a registrar or clerk.[8]
See law: Maine Statutes and Codes, Title 21-A, §354 and Maine Statutes and Codes, Title 21-A, §903-A
Maine allows paying signature gatherers based on the number of signatures collected.
Maine used to have a law banning paying signature gatherers on a per-signature basis, but this law was struck down in 1999 in On Our Terms '97 PAC v. Secretary of State of Maine.[10]
See law: Maine Revised Statutes, Title 21-A, Chapter 11
This article contains a developing news story. Ballotpedia staff are checking for updates regularly. To inform us of new developments, email us at editor@ballotpedia.org.
Maine's state constitution and a 2015 law were designed to require that petition circulators are registered to vote in Maine, indirectly requiring them to be residents of the state.
A district court ruling in 2021 said state's voter registration and residency requirement for petition circulators violated the right to political speech and blocked the enforcement of the law.[11]
The ruling was appealed to the United States Court of Appeals for the First Circuit.[12]
See law: Maine Revised Statutes, Title 21-A, §903-A and Article IV, part 3, section 20
Maine does not require paid circulators to be identified as such on badges.[13]
See law: Maine Revised Statutes, Title 21-A, §903-A
Since electronic signatures are an emerging technology, the constitutionality of bans on e-signatures and the legality of e-signatures in states without bans is largely untested. Maine law does mandate that signatures be collected in the presence of the circulator and that signers "personally" place their name on the petition.
See law: Maine Constitution, Article IV, Part 3, Section 20 and Maine Revised Statutes, Title 21-A, Chapter 11, §902 and Chapter 5, §354
In Maine, signatures are valid for one year after the date they were signed. However, signatures may be collected up to 18 months after the petition form is furnished by the secretary of state. 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.
Signatures for veto referendums are due 90 days after the adjournment of the legislative session at which the targeted bill was passed.
See law: Maine Constitution, Article IV, Part 3, Section 18
Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States generally employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the ballot. This often involves preparing a fiscal review and ballot summary.
In Maine, each petition signature is certified by the local registrar of voters. The signatures are then submitted to the secretary of state.
See law: Maine Revised Statutes, Title 21-A, Chapter 11, §902 and Chapter 5, §354
On the Maine ballot, each measure features a generic name (Question 1, Question 2...) and a ballot question written by the secretary of state. Ballot questions ought to be "simple, clear, concise and direct."
See law: Maine Revised Statutes, Title 21-A, Chapter 11, §902, Chapter 11, §906, and Chapter 5, §354
Ballot measures face additional challenges beyond qualifying for the ballot and receiving a majority of the vote. Several states require ballot measures to get more than a simple majority. While some states mandate a three-fifths supermajority, other states set the margin differently. In addition, ballot measures may face legal challenges or modification by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted.
Maine initiatives do not require a supermajority for approval. This also applies to legislatively referred constitutional amendments. A simple majority of 50 percent plus 1 vote is enough to approve an initiative measure or constitutional amendment.
See law: Maine Constitution, Article X, Section 4 and Maine Constitution, Article IV, Section 18
Measures take effect 30 days after the Governor has proclaimed the results of the election. However, if there are insufficient state funds available for a measure and the initiated measure does not specify a sufficient funding source, the measure's effective date is delayed to allow the legislature to appropriate funds. Such measures take effect 45 days after start of the next legislative session.
See law: Maine Constitution, Article IV, Part 3, Section 19
Petition sponsors may challenge any decision made by the secretary of state during the application and review process. If the secretary has determined that the number of signatures is insufficient, any sponsor or valid petition signer may challenge decision. If it is deemed sufficient, any other voter may challenge the decision. In each case, the challenge is filed in Superior Court with appeal to the Maine Supreme Judicial Court.
See law: Maine Revised Statutes, Title 21-A, Chapter 11, §901 and §905
Maine does not limit how soon, or with what majority, the legislature can repeal a measure.[14]
See law: Maine Constitution, Article IV, Part 3, Sections 17-22 and Maine Revised Statutes, Title 21-A, Chapter 11
Maine does not limit how soon an initiative can be re-attempted.[15]
See law: Maine Constitution, Article IV, Part 3, Sections 17-22 and Maine Revised Statutes, Title 21-A, Chapter 11
Some of the notable features of Maine's campaign finance laws include:
Article IV of the Maine Constitution provides authority for the initiative and referendum process.
Title 21-A, Chapter 11 of the Maine Revised Statutes governs the initiative and referendum process.
State of Maine Augusta (capital) | |
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Elections |
What's on my ballot? | Elections in 2024 | 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 |
Contents |
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1 Laws and procedures |
2 Changes in the law |
2.1 Proposed changes by year |
2.1.1 2022 |
2.1.2 2021 |
2.1.3 2010 |
2.1.4 2019 |
2.1.5 2018 |
2.1.6 2017 |
2.1.7 2016 |
2.1.8 2015 |
2.1.9 2014 |
2.1.10 2013 |
The following laws have been proposed that modify ballot measure law in Maine. If a box is empty for any given year, it means Ballotpedia did not track any ballot measure or recall-related laws in that year.
We the People PAC et al. v. Bellows[edit]
On July 7, 2022, the First Circuit Court of Appeals enjoined the state from enforcing a law requiring petition circulators to be registered voters, and, therefore, state residents. "[T]he burden on core political speech that the residency- and voter-registration requirements each imposes arises from the drastic limitation on the pool of out-of-state circulators that each inherently imposes," wrote the Court.[1] We the People PAC initiated the litigation. The PAC hired professional out-of-state petition circulators, along with in-state circulators, to collect signatures for the Citizen Requirement for Voting Initiative. On February 16, 2021, Judge John Woodcock of the U.S. District Court for Maine enjoined the state from enforcing a law requiring petition circulators to be registered voters, and, therefore, state residents. Woodcock wrote that "the First Amendment’s free speech protections trump the state’s regulatory authority."[2] Secretary of State Shenna Bellows appealed the district court's ruling to the First Circuit Court of Appeals. |
We the People PAC et al. v. Bellows[edit]
On July 7, 2022, the First Circuit Court of Appeals enjoined the state from enforcing a law requiring petition circulators to be registered voters, and, therefore, state residents. "[T]he burden on core political speech that the residency- and voter-registration requirements each imposes arises from the drastic limitation on the pool of out-of-state circulators that each inherently imposes," wrote the Court.[1] We the People PAC initiated the litigation. The PAC hired professional out-of-state petition circulators, along with in-state circulators, to collect signatures for the Citizen Requirement for Voting Initiative. On February 16, 2021, Judge John Woodcock of the U.S. District Court for Maine enjoined the state from enforcing a law requiring petition circulators to be registered voters, and, therefore, state residents. Woodcock wrote that "the First Amendment’s free speech protections trump the state’s regulatory authority."[2] Secretary of State Shenna Bellows appealed the district court's ruling to the First Circuit Court of Appeals. |
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Maine Legislative Document 299 was designed to require the state treasurer's bond statement for bond issues to be printed on the ballot and as a separate document. Going into 2017, the state treasurer's bond statement was to be printed on the ballot or as a separate document. Maine Legislative Document 795 was designed to require the full text of a direct initiative to be printed on the ballot. Maine Legislative Document 1323 was designed to authorize "the secretary of state to invalidate a petition for a direct initiative or people's veto if the Secretary of State is unable to verify the notarization of that petition." Maine Legislative Document 715 was designed to amend direct initiative petition signature requirements from 10 percent of votes cast for governor in the most recent election to 15 percent of registered voters in each county. It was also designed to establish requirements for public debate on ballot measures. Maine Legislative Document 1271 was designed to amend the process for certifying direct initiatives and referendums. Maine Legislative Document 1035 was designed to require an opinion of the Supreme Judicial Court to be printed on a ballot containing a direct initiative. Maine Legislative Document 937 was designed to require a fiscal impact statement to be included on the ballot of a direct initiative. Maine Legislative Document 31 was designed to propose an amendment to the state constitution to establish a distribution requirement for citizen initiatives.
Maine Legislative Document 883 was designed to require initiative petition circulators to be paid a minimum of $25 per signature. Maine Legislative Document 796 was designed to amend the state constitution to implement a distribution requirement for signature gathering by requiring "the total number of signatures required for a direct initiative of legislation to be not less than 10% of the total vote for Governor cast in each county in the last gubernatorial election. It also requires each of the signatures from a county to be that of a person registered to vote in that county." Maine Legislative Document 212 was designed to propose an amendment to the state constitution to establish a distribution requirement for citizen initiatives.
Maine Legislative Document 5 was designed to propose an amendment to the state constitution to prevent citizen initiatives from being used to change state law about wildlife issues. Maine Legislative Document 564 was designed to propose an amendment to the state constitution to increase the signature requirement for initiatives by doing the following:
Maine Legislative Document 53 was designed to propose an amendment to the state constitution to prohibit paying signature gatherers based on the number of signatures collected. Maine Legislative Document 1265 was designed to "allow the creation of a local option sales tax by referendum."
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The following bills were introduced in the Maine State Legislature: LD 1299: Amends campaign finance laws by detailing laws regarding ballot measure committees, campaign finance provisions, campaign materials, electronic filing disclosure, etc. |
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The following bills were introduced in the Maine State Legislature: Maine Legislative Document 97: Excerpt of bill description/summary: "This resolution proposes to amend the Constitution of Maine to provide that the Legislature may not make a change to a measure initiated and approved by vote of the people for 8 years after that measure takes effect if that change is contrary to the general intent of that measure." Maine Legislative Document 1000 (2011): Excerpt of bill description/summary: "The bill...creates a resolve directing the Secretary of State to examine the feasibility of centralizing the process for verifying signatures on candidate petitions, citizens' initiatives and people's veto referendum petitions." Maine Legislative Document 1528 (2011): LD 1528 makes a number of changes to state election law. With respect to ballot measures, the bill would clarify "the requirements for the information that is created to help voters understand ballot questions, including the Attorney General's explanatory statement of what a 'yes' vote favors and what a 'no' vote opposes; the Office of Fiscal and Program Review's estimate of the fiscal impact on state revenues, appropriations and allocations of each ballot measure; and the Treasurer's Statement that accompanies each bond issue."[1] |
The following bills were introduced in the Maine Legislature: Maine Legislative Document 1730 (2010): LD 1730 requires petition forms to include a unique number identifying the petition circulator and requires petitions to be signed, notarized, and copied. In addition, the law requires that paid petition organizers must register with the state. The law also allows the state 100 days to make a final decision certifying or rejecting a petition, bringing state law in line with the Maine Constitution. Also, the law allows 10 days (instead of five) to challenge a decision and 40 days (instead of 45) for the Maine Supreme Court to rule on the challenge. In addition, the law also forbids de novo trials for petition challenges, bringing the law in line with a 1998 State Supreme Court ruling.[1][2] The bill was approved by the Maine House of Representatives on March 29, 2010 by a vote of 119 to 23. The Maine Senate later approved the bill on March 31, 2010 by a 20-15 vote. The Governor signed the bill into law on April 6, 2010[3]. Maine Legislative Document 1667 (2010): LD 1667 will resolve an inconsistency in Maine Law concerning the amount of time that the Maine Office of Fiscal and Program Review is given to prepare a fiscal impact statement for proposed initiatives. The bill also requires that fiscal impact statements for ballot initiative and sample ballots must be posted outside voting locations. In addition, the bill clarifies the qualifications that must be met by the registrar of voters and the positions a registrar may not seek or hold. The law also allows a warden, ward clerk and deputy wardens be registered voters of the county, rather than the municipality, in which they serve. This exception only applies when there is a vacancy in one of these positions and only last for the duration of the election. The bill also allows the public to inspect absentee ballot applications and envelopes prior to processing.[4][2] The bill was approved by the Maine House of Representatives on March 16, 2010 by acclimation. The Maine Senate on March 17, 2010, approved the bill by acclimation. The Governor signed the bill into law on March 23, 2010[5]. Maine Legislative Document 1668 (2010): LD 1668 was enacted. LD 1668 eliminates a previous requirement that the Maine Secretary of State must publish information about ballot questions in daily newspapers in the state.[2] The bill was approved by the Maine House of Representatives on January 14, 2010, by a vote of 107 to 35. The Maine Senate approved the bill on the same day by a voice vote. The bill was signed into law by the Governor on January 21, 2010[6]. LD 1345. LD 1345, which had been carried over from 2009, failed. LD 1345 would have amended the Maine Constitution to increase the number of signatures that a petitioner must gather for a people's veto or a direct initiative from not less than 10% of the total vote for Governor cast in the last gubernatorial election to not less than 20% of the total vote for Governor cast in the last gubernatorial election. It also would have limited the state's initiatives to one subject. The bill died in committee without seeing a floor vote in either house of the Legislature[7]. LD 1690. LD 1690 failed. It would have:
The bill died in committee without seeing a floor vote in either house of the Legislature[8]. LD 1692. LD 1692 failed. It would have:
The bill was defeated by the Maine House of Representatives on March 29, 2010, by a vote of 94 to 43[9].
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State of Maine Augusta (capital) | |
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