An Act To Increase Access to Information Regarding Referendum Questions
Maine Legislature, Session 122, LD 0870
Committee: Legal and Veterans Affairs
Sponsors: MAKAS, MITCHELL, CLARK, FISHER, GERZOFSKY, GROSE, PATRICK, PINEAU, RINES, TUTTLE
Amends: 1 MRSA §353, 1 MRSA §354, 5 MRSA §90-D

Legislative Document 
No. 870 
H.P.621 
House of Representatives, February 16,2005 
An Act To Increase Access to Information Regarding Referendum 
Questions 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative MAKAS of Lewiston. 
Cosponsored by Senator MITCHELL of Kennebec and 
17/~ 
/J?1J?0£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CLARK of Millinocket, FISHER of Brewer, GERZOFSKY of Brunswick, 
GROSE of Woolwich, PATRICK of Rumford, PINEAU of Jay, RINES of Wiscasset, 
TUTTLE of Sanford. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 1 MRSA §353, as amended by PL 1991, c. 837, Pt. A, 
§1, is further amended to read: 
§353. Explanation of proposed amendments and statewide referenda 
Wi th the assistance of the Secretary of State, the Attorney 
General shall prepare a brief explanatory statement waiea that 
must fairly describe the intent and content ej; and what a "yes" 
vote favors 
and 
a 
"no" vote opposes 
for 
each constitutional 
resolution or statewide referendum that may be presented to the 
people and waiea that must include any information prepared Qy 
the 
Treasurer 
of 
State 
under 
Title 
5, 
section 
152. 
The 
explanatory statement may not include comments of proponents or 
opponents 
as 
provided 
by 
section 
354. 
In 
addition 
to 
the 
expl anato ry s ta tement, 
t:ae- ~-et-a-r-y--e j;--S-t.-a-t-e--aHe--t-he--At:t:e FHey 
GeHeFal-~~--p~pa~-an-~~~-ej;-~-a-y€£-~~-j;aveFs 
aHe-a-~-~~-eppeses beginning with the November 2006 election 
the Office of Fiscal and Program Review shall prepare an estimate 
of 
the 
fiscal 
impact 
of 
each 
constitutional 
resolution 
or 
statewide 
referendum 
on 
state 
revenues, 
appropriations 
and 
allocations. 
The 
Secretary of 
State 
shall 
publish 
t:ais 
the 
explanatory statement 
and 
the fiscal estimate in each daily 
newspaper of the State, not more than 10 and not less than 7 days 
prior to the voting. 
~ae-~-anat.-Q-t"-y--st;at;emeHt: This information 
may be published in the English language in a foreign language 
newspaper. 
Sec. 2. 1 MRSA §354 is enacted to read: 
§354. 
Public cOmment on proposed amendments and statewide 
referenda: rules: fees 
The 
Secretary of State shall 
adopt 
rules 
regarding the 
publication of public 
comment by proponents and opponents of 
constitutional resolutions or statewide referenda. 
These rules 
must include, but are not limited to, a word limit, the labeling 
of public comment as supporting or opposing a measure and the 
identification of 
the person or persons 
responsible 
for 
the 
comment. 
Rules 
adopted 
pursuant 
to 
this 
section are 
major 
substantive rules as defined in Title 5, chapter 375, subchapter 
2-A. 
Beginning 
with 
the 
November 
2006 
election 
and 
every 
election thereafter, the Secretary of State shall publish the 
public comment, along with the explanatory statement and fiscal 
estimate reg:uired under section 353, 
on a publicly accessible 
site 
on 
the 
Internet 
and 
in 
pamphlets 
distributed 
to 
the 
municipalities of the State. 
A person filing a public comment 
for publication shall pay a 
fee of $500 to the Secretary of 
State. 
Fees collected pursuant to this section must be deposited 
• 
in the Public Comment Publication Fund established under Title 5, 
section 90-D. 
Sec. 3. 5 MRSA §90-D is enacted to read: 
§90-D. 
Public Comment Publication Fund 
The Public Comment Publication Fund, 
referred to in this 
section as "the fund," is established as a nonlapsing fund within 
the Department of the Secretary of State. 
The fund consists of 
fees 
for 
public 
comment 
on 
constitutional 
resolutions 
and 
statewide referenda received by the Secretary of State pursuant 
to Title 1, section 354. 
The money in the fund must be used for 
the 
purpose 
of 
publishing 
the 
informational 
pamphlet 
that 
includes the public comment, 
explanatory statement and fiscal 
estimate pursuant to Title L 
section 354. 
The unobligated and 
unencumbered balance of the 
fund in excess of $5,000 
as of 
December 1st of each year must be transferred to the General Fund. 
Sec. 
4. 
A ppropriations 
and 
allocations. 
appropriations and allocations are made. 
SECRETARY OF STATE, DEPARTMENT OF THE 
Bureau of Administrative Services 
and Corporations 
0692 
The 
following 
lni tiati ve: 
Provides initial allocations for the Public Comment 
Publication Fund. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
SUMMARY 
2005-06 
$500 
$500 
2006-01 
$500 
$500 
This bill requires the Office of Fiscal and Program Review 
to prepare a fiscal estimate of each constitutional resolution or 
statewide 
referendum 
on 
state 
revenues, 
appropriations 
and 
allocations and to publish that estimate with the explanatory 
statement that is 
already 
required. 
The 
bill 
requires 
the 
Secretary of State to adopt rules regarding the pUblication of 
public 
comment 
by proponents 
an~ opponents 
of constitutional 
resolutions or statewide referenda and establishes a fee of $500 
for having public comments published. 
It also establishes 
a 
dedicated 
fund 
in the Department 
of 
the 
Secretary of State 
consisting of revenue from the $500 fees and requires that the 
fund be used for the purpose of publishing the informational 
pamphlet including the public comment, explanatory statement and 
fiscal estimate. 
The bill specifies that any unspent balance in 
excess of $5,000 as of December 1st each year must be transferred 
to the General Fund.