Maine Legislature, Session 122, LD 2033
Committee Amendment CA_A_S513 (Senate)

COMMITTEE AMENDMENT ,Ii" to S.P. 782, L.D. 2033, "RESOLUTION, 
Proposing an Amendment to the Constitution of Maine To Clarify Deadlines for 
Submitting Direct Initiatives to Municipal Officials for Signature Verification" 
Amend the resolution by striking out the title and substituting the following: 
'RESOLUTION, Proposing an Amendment to the Constitution of Maine 
Regarding Procedures for the People's Veto and Direct Initiative' 
Further amend the resolution by striking out everything after the title and before the 
summary and inserting in its place the following: 
'Constitutional amendment. Resolved: 
Two thirds of each branch of the 
Legislature concurring, that the following amendment to the Constitution of Maine be 
proposed: 
Constitution, Art. IV, Pt. Third, §18, sub-§l is amended to read: 
1. 
Petition procedure. 
The electors may propose to the Legislature for its 
consideration any bill, resolve or resolution, including bills to amend or repeal emergency 
legislation but not an amendment of the State Constitution, by written petition addressed 
to the Legislature or to either branch thereof and filed in the office of the Secretary of 
State by the hour of 5:00 p.m., on or before the 50th day after the date of convening of the 
Legislature in first regular session or on or before the 25th day after the date of convening 
of the Legislature in second regular session. This written petition must be filed in the 
office of the Secretary of State no later than 18 months after the date the petition form 
was furnished or approved by the Secretary of State. If the 50th or 25th day, 'lfflieaeV'er 
IifJplies, is applicable deadline falls on a Saturday, Sunday, or legal holiday, the period 
runs until the hour of 5 :00 p.m., of the next day which is not a Saturday, Sunday, or legal 
holiday. 
Constitution, Art. IV, Pt. Third, §18, sub-§2 is amended to read: 
2. 
Referral to electors unless enacted by the Legislature without change; 
number of signatures necessary on direct initiative petitions; dating signatures on 
COMMITTEE AMENDMENT 
,~~ 
COMMITTEE AMENDMENT A" to S.P. 782, L.D. 2033 
petitions; competing measures. For any measure thus proposed by electors, the number 
of signatures shall not be less than 10% of the total vote for Governor cast in the last 
gubernatorial election preceding the filing of such petition. The date each signature was 
made shall be written next to the signature on the petition, and no signature older than 
one year from the written date on the petition shall be valid. A signature is not valid if it 
is dated more than one year prior to the date that the petition was filed in the office of the 
Secretary of State. The measure thus proposed, unless enacted without change by the 
Legislature at the session at which it is presented, shall be submitted to the electors 
together with any amended form, substitute, or recommendation of the Legislature, and in 
such manner that the people can choose between the competing measures or reject both. 
When there are competing bills and neither receives a majority of the votes given for or 
against both, the one receiving the most votes shall at the next statewide election to be 
held not less than 60 days after the first vote thereon be submitted by itself if it receives 
more than 113 of the votes given for and against both. If the measure initiated is enacted 
by the Legislature without change, it shall not go to a referendum vote unless in 
pursuance of a demand made in accordance with the preceding section. The Legislature 
may order a special election on any measure that is subject to a vote of the people. 
Constitution, Art. IV, Pt. Third, §20 is amended to read: 
20. Meaning of words "electors," "people," "recess of Legislature," "statewide 
election," "measure," "circulator," and "written petition"; written petitions for 
people's veto; written petitions for direct initiative. As used in any of the 3 preceding 
sections or in this section the words "electors" and "people" mean the electors of the State 
qualified to vote for Governor; "recess of the Legislature" means the adjournment without 
day of a session of the Legislature; "statewide election" means any election held 
throughout the State on a particular day; "measure" means an Act, bill, resolve or 
resolution proposed by the people, or 2 or more such, or part or parts of such, as the case 
may be; "circulator" means a person who solicits signatures for written petitions, and who 
must be a resident of this State and whose name must appear on the voting list of the city, 
town or plantation of the circulator's residence as qualified to vote for Governor; "written 
petition" means one or more petitions written or printed, or partly written and partly 
printed, with the original signatures of the petitioners attached, verified as to the 
authenticity of the signatures by the oath of the circulator that all of the signatures to the 
petition were made in the presence of the circulator and that to the best of the circulator's 
knowledge and belief each signature is the signature of the person whose name it purports 
to be, and accompanied by the certificate of the official authorized by law to maintain the 
voting list or to certify signatures on petitions for voters on the voting list of the city, 
town or plantation in which the petitioners reside that their names appear on the voting 
list of the city, town or plantation of the official as qualified to vote for Governor. The 
oath of the circulator must be sworn to in the presence of a person authorized by law to 
administer oaths. Written petitions for a people's veto pursuant to Article IV, Part Third, 
Section 17 must be submitted to the appropriate officials of cities, towns or plantations...Q!: 
state election officials as authorized by law, for determination of whether the petitioners 
are qualified voters by the hour of 5:00 p.m., on the 5th day before the petition must be 
filed in the office of the Secretary of State, or, if such 5th day is a Saturday, a Sunday or a 
legal holiday, by 5:00 p.m., on the next day which is not a Saturday, a Sunday or a legal 
holiday. 
Written petitions for a direct initiative pursuant to Article IV, Part Third, 
Section 18 must be submitted to the appropriate officials of cities, towns or plantations...Q!: 
COMMITTEE AMENDMENT 
..... 
~~~ 
"'\ 
.,l\ .... 
COMMITTEE AMENDMENT ,~" to S.P. 782, L.D. 2033 
state election officials as authorized by law, for determination of whether the petitioners 
are qualified voters by the hour of 5 :00 p.m., on the 10th day before the petition must be 
filed in the office of the Secretary of State, or, if such 10th day is a Saturday, a Sunday or 
a legal holiday, by 5:00 p.m., on the next day which is not a Saturday, a Sunday or a legal 
holiday. 
Such officials must complete the certification of s:eeh only those petitions 
submitted by these deadlines and must return them t9 notify the circulators or their agents 
to retrieve the certified petition forms within 2 days for a petition for a people's veto and 
within 5 days for a petition for a direct initiative, Saturdays, Sundays and legal holidays 
excepted, of the date on which such petitions were submitted to them. Signatures on 
petitions not submitted to the appropriate local or state officials by these deadlines may 
not be certified. The petition shall set forth the full text of the measure requested or 
proposed. Petition forms shall be furnished or approved by the Secretary of State upon 
written application signed ffi and notarized and submitted to the office of the Secretary of 
State by a resident of this State whose name must appear on the voting list of the city, 
town or plantation of that resident as qualified to vote fo!' Governor. The full text of a 
measure submitted to a vote of the people under the provisions of the Constitution need 
not be printed on the official ballots, but, until otherwise provided by the Legislature, the 
Secretary of State shall prepare the ballots in such form as to present the question or 
questions concisely and intelligibly. 
; and be it further 
Constitutional referendum procedure; form of question; effective date. 
Resolved: That the municipal officers of this State shall notify the inhabitants of their 
respective cities, towns and plantations to meet, in the manner prescribed by law for 
holding a general election, at the next general election in the month of November 
following passage of this resolution, to vote upon the ratification of the amendment 
proposed in this resolution by voting upon the following question: 
"Do you favor amending the Constitution of Maine to state that a 
citizens' initiative or people's veto petition must be submitted to local or 
state officials by the constitutional deadline in order to be certified and, 
in the case of a citizens' initiative, must be filed with the Secretary of 
State within 18 months?" 
The legal voters of each city, town and plantation shall vote by ballot on this question 
and designate their choice by a cross or check mark placed within the corresponding 
square below the word "Yes" or "No." The ballots must be received, sorted, counted and 
declared in open ward, town and plantation meetings and returns made to the Secretary of 
State in the same manner as votes for members of the Legislature. The Governor shall 
review the returns and, if it appears that a majority of the legal votes are cast in favor of 
the amendment, the Governor shall proclaim that fact without delay and the amendment 
becomes part of the Constitution of Maine on the date of the proclamation; and be it 
further 
Secretary of State shall prepare ballots. Resolved: That the Secretary of State 
shall prepare and furnish to each city, town and plantation all ballots, returns and copies 
of this resolution necessary to carry out the purposes of this referendum.' 
COMMITTEE AMENDMENT 
,'., <~ ~~ 
COMMITTEE AMENDMENT ~" to S.P. 782, L.D. 2033 
SU~y 
This resolution proposes to amend the Constitution of Maine to specify that 
signatures on a citizens' petition for direct initiative or people's veto of legislation must be 
submitted to municipal or state officials by the deadline established in the Constitution in 
order to be certified. This resolution also requires that a petition for a direct initiative 
must be filed with the Secretary of State no later than 18 months after the Secretary of 
State approves the form of the petition. 
FISC\L '\OTF HEQURED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03116/06 ;t;?ac:.. 
LD 2033 
LR3124(02) 
RESOLUTION, Proposing an Amendment to the Constitution of Maine To Clarify Deadlines for 
Submitting Direct Initiatives to Municipal Officials for Signature Verification 
Fiscal Note for Bill as Amended by Committee Amendment ,~" 
Committee: Legal and Veterans Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Referendum Costs 
MonthlY ear 
Election Type 
Question 
Length 
Nov-06 
General 
Referendum 
Standard 
The Secretary of State's budget includes sufficient funds to accommodate one ballot of average length for the general 
election in November. lfthe number or size of the referendum questions increases the ballot length, an additional 
appropriation of $8,000 or more may be required. 
LR3124(2) - Fiscal Note - Page 1 of 1