A.
Initiative. Qualified voters shall have the power to propose ordinances
and resolutions to the Council. If the Council fails to adopt an ordinance
or resolution so proposed without any change in substance, the voters
may vote to adopt or reject it.
B.
Referendum. The qualified voters of the Town shall have the power
to require reconsideration by the Council of any adopted ordinance
and if the Council fails to repeal an ordinance so reconsidered said
voters shall have the power to approve or reject it.
C.
Conflicts with State Law. This article provides the sole method by
which voters may undertake petitions for initiative and referendum,
and supersedes the provisions of Title 30-A, §§ 2522
and 2528(5) of the Maine Revised Statutes.
D.
ELECTION
ORDINANCE
RESOLUTION
Definitions. As used in this article, the following terms shall have
the meanings indicated:
A special or regular Town Meeting where votes are cast only
by secret ballot.
A municipal regulation having the force of law.
A formal expression of opinion, will, or intent voted by
Town Council or Town Meeting that does not have the force of law.
Any five qualified voters may commence initiative or referendum
proceedings by filing with the Clerk an affidavit stating they will
constitute the petitioners' committee and be responsible for circulating
the petition and filing it in proper form, stating their names and
addresses and specifying the mailing address to which all notices
to the committee are to be sent, and setting out in full the proposed
initiative ordinance or resolution or citing the ordinance sought
to be reconsidered. Promptly after the affidavit of the petitioners'
committee is filed, the Clerk shall issue the appropriate petition
blanks to the petitioners' committee.
A.
Number
of signatures. Initiative and referendum petitions must be signed
by qualified voters of the Town equal in number to at least 10% of
the total municipal vote for Governor cast in the last gubernatorial
election preceding the filing of the petition as certified by the
Town Clerk.
B.
Form
and content. All papers of a petition shall be uniform in size and
style and shall be assembled as one instrument for filing. Each signature
shall be executed in ink or indelible pencil and shall be followed
by the address of the person signing. Petitions shall contain or have
attached thereto throughout their circulation the full text of the
ordinance or resolution proposed or the ordinance sought to be reconsidered.
C.
Affidavit
of circulator. Each paper of a petition shall have attached to it
when filed an affidavit executed by the circulator thereof stating
that he/she personally circulated the paper, the number of signatures
thereon, that all of the signatures were affixed in his/her presence,
that he/she believes them to be the genuine signatures of the persons
whose names they purport to be and that each signer had an opportunity
before signing to read the full text of the ordinance or resolution
proposed or the ordinance sought to be reconsidered.
D.
Time for filing referendum petitions. Referendum petitions must be
filed within 30 days after adoption by the Council of the ordinance
sought to be reconsidered.
A.
Certificate of Clerk; amendment. Within 20 days after the petition is filed, the Clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by certified mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the Clerk within five days after receiving the copy of the certificate and files a supplementary petition upon additional papers within 10 days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of § C-45B and C and, within five days after it is filed, the Clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by certified mail as in the case of an original petition. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request Council review under Subsection B within the time required, the Clerk shall promptly present the certificate to the Council and the certificate shall then be a final determination as to the sufficiency of the petition.
B.
Council
review. If a petition has been certified insufficient and the petitioners'
committee does not file notice of intention to amend it or if an amended
petition has been certified insufficient, the committee may, within
five days after receiving copy of such certificate, file a request
that it be reviewed by the Council. The Council shall review the certificate
at its next meeting following the filing of such request and approve
or disapprove it, and the Council's determination shall then be a
final determination as to the sufficiency of the petition.
C.
Court
review; new petition. A final determination as to the sufficiency
of a petition shall be subject to court review. A final determination
of insufficiency, even if sustained upon court review, shall not prejudice
the filing of a new petition for the same purpose.
When a referendum petition is filed with the Town Clerk, the
ordinance to be reconsidered shall be suspended from taking effect.
Such suspension shall terminate when:
[Amended 11-3-2020]
A.
Public hearing:
When an initiative or referendum has been finally determined sufficient
the Council shall set a date no later than 30 days from the final
determination of sufficiency to hold a public hearing for the purpose
of presentation and information on the proposed initiative ordinance
or resolution and to receive public comment.
B.
Action
by Council. When an initiative or referendum petition has been finally
determined sufficient, and after holding a public hearing, tthe Council
shall promptly consider the proposed initiative ordinance or resolution
or reconsider the referred ordinance by voting its repeal. If the
Council fails to adopt a proposed initiative ordinance or resolution
without any change in substance within 60 days or fails to repeal
the referred ordinance within 30 days after the date the petition
was finally determined sufficient, it shall submit the proposed or
referred ordinance to the voters.
C.
Submission
to voters.
(1)
Initiated or Referred Ordinances.
(a)
The vote on a proposed or referred ordinance shall be by secret
ballot at a Town election but not less than 45 days nor more than
one year from the date of the final Council vote thereon. If no scheduled
regular annual Town election is to be held within the period prescribed
in this subsection, the Council shall provide for a special election;
otherwise, the vote shall be held at the same time as the regular
annual election.
(b)
An ordinance to be voted on shall be presented for voting by
ballot title. The ballot title of a measure may differ from its legal
title but shall be a clear, concise statement describing the substance
of the measure without argument or prejudice. Below the ballot title
shall appear the following question in the case of an initiative:
"Shall the above-described ordinance be adopted?" In the case of a
referendum the question shall be: "Shall the above-described ordinance
be repealed?" Immediately below such question shall appear in the
following order the words "yes" and "no" and to the left of each a
square in which the voter may cast his/her vote.
(2)
Initiated Resolutions.
(a)
Timeline for Voting. The vote on a proposed resolution shall
be held at either a Town election or an open Town Meeting not less
than 45 days and not more than one year from the date of the final
Council vote thereon. If no regular annual Town Meeting is to be held
within the period prescribed in this subsection, the Council shall
provide for a special Town Meeting; otherwise, the vote shall be held
at the same time as the regular annual Town Meeting, except that the
Council may in its discretion provide for a special Town Meeting at
an earlier date within the prescribed period.
(b)
Town Election Voting. A resolution to be voted at a Town election
may be presented for voting by ballot title. The ballot title of a
measure may differ from its legal title but shall be a clear, concise
statement describing the substance of the measure without argument
or prejudice. Below the ballot title shall appear the following question:
"Shall the above-described resolution be adopted?" Immediately below
the question shall appear, in the following order, the words "yes"
and "no" and to the left of each a square in which the voter may cast
his/her vote. Copies of the proposed resolution shall be made available
at the polls.
(c)
Open Town Meeting Voting. Voting on an initiated resolution
at an open Town Meeting shall be by written ballot. Copies of the
proposed resolution shall be made available at the Town Meeting.
A.
Initiative. If a majority of the qualified electors voting on a proposed
initiative ordinance or resolution vote in its favor, it shall be
considered adopted upon certification of the election results and
shall be treated in all respects in the same manner as ordinances
or resolutions of the same kind adopted by the Council.
B.
Referendum. If a majority of the qualified electors voting on a referred
ordinance vote against it, it shall be considered repealed upon certification
of the election results.
