Laws governing the initiative process in Maine

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Laws and procedures[edit]


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Contents
1 Laws and procedures
1.1 Crafting an initiative
1.1.1 Single-subject rule
1.1.2 Subject restrictions
1.1.3 Competing initiatives
1.2 Starting a petition
1.2.1 Applying to petition
1.2.2 Proposal review/approval
1.2.3 Fiscal review
1.3 Collecting signatures
1.3.1 Number required
1.3.2 Distribution requirements
1.3.3 Restrictions on circulators
1.3.4 Electronic signatures
1.3.5 Deadlines for collection
1.4 Getting on the ballot
1.4.1 Signature verification
1.4.2 Ballot title and summary
1.5 The election and beyond
1.5.1 Supermajority requirements
1.5.2 Effective date
1.5.3 Litigation
1.5.4 Legislative alteration
1.5.5 Re-attempting an initiative
1.6 Funding an initiative campaign
1.7 State initiative law
2 Changes in the law

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.

Crafting an initiative[edit]

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.

Single-subject rule[edit]

See also: Single-subject rule

Maine does not employ a single-subject rule.

DocumentIcon.jpg See law: Maine Constitution, Article IV, Part 3, Sections 17-22 and Maine Revised Statutes, Title 21-A, Chapter 11

Subject restrictions[edit]

See also: Subject restrictions (ballot measures)

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.

DocumentIcon.jpg See law: Maine Constitution, Article IV, Part 3, Section 19

Administrative actions[edit]

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)

Veto referendums on emergency legislation[edit]

In Maine, veto referendums cannot be used on emergency legislation.

DocumentIcon.jpg See law: Maine Constitution, Article IV, Part 3, Sections 17 and 18

Competing initiatives[edit]

See also: Superseding initiative; "Poison pills"; List of Maine ballot measures

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.

DocumentIcon.jpg See law: Maine Constitution, Article IV, Part 3, Section 18

Starting a petition[edit]

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]

Applying to petition[edit]

See also: Approved for circulation

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.

DocumentIcon.jpg See law: Maine Revised Statutes, Title 21-A, Chapter 11, §901

Proposal review/approval[edit]

See also: Approved for circulation

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:

(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).][6]

DocumentIcon.jpg See law: Maine Revised Statutes, Title 21-A, Chapter 11, §901

Summary[edit]

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.

DocumentIcon.jpg See law: Title 21-A, Chapter 11, §901-A

Fiscal review[edit]

See also: Fiscal impact statement

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.

DocumentIcon.jpg See laws: Maine Revised Statutes, Title 1, Chapter 11, §353 and Title 21-A, Chapter 11, §901-A

The Initiative and Referendum Almanac ad.png

Collecting signatures[edit]

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.

Number required[edit]

See also: Maine signature requirements

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
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

DocumentIcon.jpg See law: Maine Constitution, Article IV, Part 3, Section 18

Distribution requirements[edit]

See also: Distribution requirements

Maine does not have a distribution requirement. Therefore, any proportion of the required signatures may be collected from any county or political district.

DocumentIcon.jpg See law: Maine Constitution, Article IV, Part 3, Sections 17-22 and Maine Revised Statutes, Title 21-A, Chapter 11

Restrictions on circulators[edit]

Circulator requirements[edit]

See also: Petition circulator

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]

  • to be a registered voter

Once circulation is completed, the signatures must be submitted to a registrar or clerk.[8]

DocumentIcon.jpg See law: Maine Statutes and Codes, Title 21-A, §354 and Maine Statutes and Codes, Title 21-A, §903-A

Pay-per-signature[edit]

See also: Pay-per-signature

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]

DocumentIcon.jpg See law: Maine Revised Statutes, Title 21-A, Chapter 11

Out-of-state circulators[edit]

See also: Residency requirements for petition circulators

BP-Initials-UPDATED.png 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]

DocumentIcon.jpg See law: Maine Revised Statutes, Title 21-A, §903-A and Article IV, part 3, section 20

Badge requirements[edit]

See also: Badge requirements

Maine does not require paid circulators to be identified as such on badges.[13]

DocumentIcon.jpg See law: Maine Revised Statutes, Title 21-A, §903-A

Electronic signatures[edit]

See also: Electronic petition signatures

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.

DocumentIcon.jpg See law: Maine Constitution, Article IV, Part 3, Section 20 and Maine Revised Statutes, Title 21-A, Chapter 11, §902 and Chapter 5, §354

Deadlines for collection[edit]

See also: Petition drive deadlines; Initiative petition circulation periods

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.

DocumentIcon.jpg See law: Maine Constitution, Article IV, Part 3, Section 18

Getting on the ballot[edit]

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.

Signature verification[edit]

See also: Signature certification

In Maine, each petition signature is certified by the local registrar of voters. The signatures are then submitted to the secretary of state.

DocumentIcon.jpg See law: Maine Revised Statutes, Title 21-A, Chapter 11, §902 and Chapter 5, §354

Ballot title and summary[edit]

See also: Ballot title

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."

  • A sample of a past ballot can be found here.

DocumentIcon.jpg See law: Maine Revised Statutes, Title 21-A, Chapter 11, §902, Chapter 11, §906, and Chapter 5, §354

The election and beyond[edit]

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.

Supermajority requirements[edit]

See also: Supermajority requirements

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.

DocumentIcon.jpg See law: Maine Constitution, Article X, Section 4 and Maine Constitution, Article IV, Section 18

Effective date[edit]

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.

DocumentIcon.jpg See law: Maine Constitution, Article IV, Part 3, Section 19

Litigation[edit]

See also: Ballot measure lawsuit news

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.

DocumentIcon.jpg See law: Maine Revised Statutes, Title 21-A, Chapter 11, §901 and §905

Legislative alteration[edit]

See also: Legislative alteration

Maine does not limit how soon, or with what majority, the legislature can repeal a measure.[14]

DocumentIcon.jpg See law: Maine Constitution, Article IV, Part 3, Sections 17-22 and Maine Revised Statutes, Title 21-A, Chapter 11

Re-attempting an initiative[edit]

Maine does not limit how soon an initiative can be re-attempted.[15]

DocumentIcon.jpg See law: Maine Constitution, Article IV, Part 3, Sections 17-22 and Maine Revised Statutes, Title 21-A, Chapter 11

Funding an initiative campaign[edit]

See also: Campaign finance requirements for Maine ballot measures

Some of the notable features of Maine's campaign finance laws include:

  • Maine treats committees in support or opposition of a ballot question the same as other political committees.
  • Maine requires individuals who raise or spend $5,000 in support or opposition of a ballot measure to register as a committee.
  • Maine requires all contributions of $500 or more in the last thirteen days before the election to be reported within 24 hours.
  • Maine requires full disclosure of paid campaign staffers.

State initiative law[edit]

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.

External links[edit]

Footnotes[edit]



Changes in the law[edit]

Contents
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.

Proposed changes by year[edit]

2022[edit]

See also: Changes in 2022 to laws governing ballot measures

  • Legislative Document 1754: In Maine, a major contributor must file a major contributor report. A major contributor is defined as an organization that contributes $100,000 or more to a PAC or ballot measure committee to influence a ballot question outcome. One of the requirements is to report the five largest sources of funds received by the major contributor during the six months prior to making the first contribution. LD 1754 provided major contributors with the ability to ask for a waiver upon a sworn statement explaining the circumstances preventing a timely or complete report. Under LD 1754, The Maine Ethics Commission decides whether to grant a waiver or not.[1]
  • Legislative Document 1830: The legislation made changes to the state's election policies, including but not limited to ballot initiatives. LD 1830 provided that the Maine secretary of state must propose a ballot question for an indirect initiative after signatures are verified, rather than at the end of the legislative session. The bill also provided procedures that a voter can use to challenge the ballot question, starting the process in the Maine Superior Court, which must issue an opinion no later than 60 days before the election, with an option to further appeal to the Maine Supreme Judicial Court, which must issue an opinion no later than 50 days before the election. LD 1830 also provided that the fiscal impact statement for an initiative petition must be printed on the first page of a petition, rather than on each page.[2]

We the People PAC et al. v. Bellows[edit]

See also: U.S. Court of Appeals for the First Circuit, We the People PAC et al. v. Bellows, July 7, 2022

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.

2021[edit]

See also: Changes in 2021 to laws governing ballot measures

  • Legislative Document 194 (Vetoed): The legislation would have prohibited contributions and expenditures to influence ballot measures from entities with 10% or more ownership by foreign governments. On June 23, 2021, Gov. Janet Mills (D) vetoed LB 194.[1]
  • Legislative Document 1485: The bill amended state law governing political action committees and ballot question committees. LD 1485 defined ballot question committee as a person or organization that receives or expends more than $5,000 to initiate a ballot measure or influence the outcome of a ballot measure.[2]
  • Legislative Document 1536: LD 1536 provided that municipal public hearings on local citizen-initiated ballot measures must "be held in a manner that solicits and allows for a discussion on the merits of the article."[3]

We the People PAC et al. v. Bellows[edit]

See also: U.S. Court of Appeals for the First Circuit, We the People PAC et al. v. Bellows, July 7, 2022

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.

2020[edit]

See also: Changes in 2020 to laws governing ballot measures

2019[edit]

See also: Changes in 2019 to laws governing ballot measures

  • Legislative Document 53: The legislation required the use of letters of the alphabet instead of numbers to list municipal initiative and referendum questions on ballots.[1]
  • Legislative Document 499: The legislation required signature gatherers to provide certain personal information and proof of voter registration with the state and file an affidavit that says the circulator has an understanding of the initiative process. The legislation also required organizations or individuals paying circulators to provide a list of paid circulators and details on payment methods, including whether pay-per-signature is utilized.[2]
  • Legislative Document 534: The legislation provided that the secretary of state's office must write ballot questions "as simply as is possible," provide explanations of the effects of "yes" and "no" votes, and eliminated the rule that required a "yes" vote on a veto referendum to mean repealing the targeted legislation.[3]
  • Legislative Document 1437 (Question 2): Voters approved the constitutional amendment on November 5, 2019. The constitutional amendment allowed for persons with physical disabilities that prevent them from signing their own names to use an alternative signature to sign petitions for citizen-initiated ballot measures.[5]

2018[edit]

See also: Changes in 2018 to laws governing ballot measures

  • Legislative Document 1840: The legislation required a ballot question to form a joint charter commission to draft a consolidation agreement between municipalities after enough signatures are collected.[1] Gov. Paul LePage (R) vetoed LD 1840 but the Legislature overrode his veto and enacted the bill.
  • providing that notaries or other persons authorized to administer oaths or affirmations cannot administer an oath or affirmation to a petition circulator when that person is providing other services to the initiative campaign or to promote the initiative;
  • requiring major contributors, defined as contributors who donate $100,000 or more, to file reports providing certain financial information, including the contributor's five largest sources of funds during the six months prior; and
  • requiring major contributors to file reports containing information on each contribution within five days or, during the last 13 days before the election, within 24 hours.

2017[edit]

See also: Changes in 2017 to laws governing ballot measures

See also: Laws governing ballot measures in Maine

Approveda 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.

Approveda Maine Legislative Document 795 was designed to require the full text of a direct initiative to be printed on the ballot.

Approveda 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."

Defeatedd 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.

Defeatedd Maine Legislative Document 1271 was designed to amend the process for certifying direct initiatives and referendums.

Defeatedd 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.

Defeatedd Maine Legislative Document 937 was designed to require a fiscal impact statement to be included on the ballot of a direct initiative.

Right-facing-Arrow-icon.jpg Maine Legislative Document 31 was designed to propose an amendment to the state constitution to establish a distribution requirement for citizen initiatives.

  • The requirement would dictate that signatures equal to 10 percent of votes cast for governor in each of Maine's two congressional districts be collected in order to qualify an initiative for the ballot.

Defeatedd Maine Legislative Document 883 was designed to require initiative petition circulators to be paid a minimum of $25 per signature.

Defeatedd 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."

Defeatedd Maine Legislative Document 212 was designed to propose an amendment to the state constitution to establish a distribution requirement for citizen initiatives.

  • The requirement would dictate that signatures equal to 10 percent of votes cast for governor in each of Maine's 35 senatorial districts be collected in order to qualify an initiative for the ballot.

Defeatedd 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.

Defeatedd 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:

  • change the basis of signature requirements for citizen initiatives from the number of votes cast for governor in the immediately preceding gubernatorial election to the number of votes cast in Maine for the presidential candidates in the immediately preceding presidential election.
  • change the signature requirement for citizen initiatives from 10 percent to 15 percent of votes cast.

Defeatedd 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.

Defeatedd Maine Legislative Document 1265 was designed to "allow the creation of a local option sales tax by referendum."

Note: All constitutional amendments approved by the legislature require voter approval before being enacted.

2016[edit]

See also: Changes in 2016 to laws governing ballot measures

See also: Laws governing ballot measures in Maine
  1. Defeatedd Legislative Document 742: "Resolution, Proposing An Amendment To The Constitution Of Maine To Require That 5 Percent Of Signatures On A Direct initiative Of Legislation Come From Each County;" this bill was carried over from the 2015 legislative session.

2015[edit]

See also: Changes in 2015 to laws governing ballot measures

See also: Laws governing ballot measures in Maine & Residency requirements for petition circulators
  1. Approveda Legislative Document 176: "An Act To Amend The Law Governing The Gathering Of Signatures For Direct initiatives And People's Veto Referenda." Specifically, LD 176 was designed to establish residency requirements for circulators and require paid circulators to register.
  2. Defeatedd Legislative Document 754: "An Act To Prohibit A Municipality From Holding A Referendum To Legalize The Recreational Use Of Marijuana"
  3. Defeatedd Legislative Document 1228: "An Act To Amend The Ballot Initiative Process To Ensure Support In Maine's Congressional Districts"
  4. Defeatedd Legislative Document 594: "An Act To Allow The Creation Of A Local Option Sales Tax By Referendum"
  5. Defeatedd Legislative Document 1148: "An Act To Implement A Local Ballot Referendum For Municipalities To Disallow Tax-Exempt Status To Large Land Trusts"
  6. Defeatedd Legislative Document 754: "Resolution, Proposing An Amendment To The Constitution Of Maine To Ensure That Laws Governing Hunting And Fishing Are Not Subject To The Citizen Petition Process"
  7. Defeatedd Legislative Document 837: "Resolution, Proposing An Amendment To The Constitution Of Maine To Limit The Application Of A Citizen Initiative Concerning Wildlife Matters To Counties In Which It Is Approved"
  8. Defeatedd Legislative Document 225: "This bill limits the collecting of signatures on petitions for the direct initiative of legislation or a people's veto referendum to persons who have been residents of the State for at least one year."
  9. Defeatedd Legislative Document 53: "This bill requires a majority vote of a corporation's shareholders before the corporation makes a political contribution or expenditure and requires that once the contribution or expenditure has been made, the corporation posts notice of the contribution or expenditure on its website. This bill disallows a corporation that has over half of its shares owned by one or more institutional investors who cannot hold public office, such as a pension fund or a for-profit or nonprofit corporation, from making any political contributions or expenditures. This bill also allows a shareholder who disagrees with a corporation's political contribution or expenditure to receive from the corporation upon request a rebate of a percentage of the political contribution or expenditure equal to the percentage of ownership the shareholder has in the corporation."[1]
  10. Defeatedd Legislative Document 145: "This bill removes the duty of verifying and certifying petitions in direct initiatives of legislation and people's veto referenda from municipal clerks and registrars and instead requires the Secretary of State to verify and certify all petitions. The Secretary of State is also required [by this bill] to send a random sampling of 10% of the petitions back to the municipalities to review for accuracy for audit purposes. The bill also creates 3 positions in the Secretary of State's office to assist in the verification and certification process for petitions in direct initiatives and people's veto referenda."[2]
  11. Right-facing-Arrow-icon.jpg Legislative Document 742: "Resolution, Proposing An Amendment To The Constitution Of Maine To Require That 5 Percent Of Signatures On A Direct initiative Of Legislation Come From Each County"

2014[edit]

See also: Changes in 2014 to laws governing ballot measures

2013[edit]

See also: Changes in 2013 to laws governing ballot measures

The following bills were introduced in the Maine State Legislature:

Approveda LD 1299: Amends campaign finance laws by detailing laws regarding ballot measure committees, campaign finance provisions, campaign materials, electronic filing disclosure, etc.

2012[edit]

See also: Changes in 2012 to laws governing ballot measures

2011[edit]

See also: Changes in 2011 to laws governing ballot measures

The following bills were introduced in the Maine State Legislature:

Defeatedd 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."

Approveda 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."

Approveda 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]


2010[edit]

See also: Changes in 2010 to laws governing ballot measures

The following bills were introduced in the Maine Legislature:

Approveda 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].

Approveda 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].

Approveda 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].

Defeatedd 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].

Defeatedd LD 1690. LD 1690 failed. It would have:

  • Required the Secretary of State to make electronic lists of certified signatures from petitions for direct initiatives of legislation and people's veto referenda beginning December 2010.
  • Extended the time period that a person has to examine petitions when challenging the decision of the Secretary of State from 5 to 10 days.
  • Authorized the Secretary of State to reject certification of signatures on a petition for a direct initiative of legislation or a people's veto if the person who signed the petition submitted a written request to the direct initiative or people's veto applicant 15 days prior to the date when the petitions are due to the municipal clerk for verification.
  • Required registration of organizations that receive compensation to collect or support the collection of signatures on petitions for a direct initiative of legislation or people's veto referendum.

The bill died in committee without seeing a floor vote in either house of the Legislature[8].

Defeatedd LD 1692. LD 1692 failed. It would have:

  • Amended the Maine Constitution to require that the ballot text of an initiative identify the amount and source of any revenue that would be required to implement the initiative, if the initiative is approved by voters.
  • Identify, if applicable, any current programs whose funding would have to be reduced or eliminated if the initiative was approved.
  • Directed the Office of Fiscal and Program Review to provide "reasonable assistance" to initiative sponsors in identifying revenue that will be required if the initiative is enacted.

The bill was defeated by the Maine House of Representatives on March 29, 2010, by a vote of 94 to 43[9].




Licensed under CC BY-SA 3.0 | Original source: https://ballotpedia.org/Laws_governing_the_initiative_process_in_Maine
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