Maine Legislature, Session 122, LD 2033
Committee: Legal and Veterans Affairs

Legislative Document 
No. 2033 
S.P.782 
In Senate, February 28, 2006 
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Clarify Deadlines for Submitting Direct Initiatives to 
Municipal Officials for Signature Verification 
Reported by Senator GAGNON of Kennebec for the Commission To Study Alternative 
Voting Procedures, the Citizen Initiative Process and Minor Party Ballot Access pursuant to 
Resolve 2005, chapter 127. 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed 
under Joint Rule 218. 
Prin1N (111 reqded paper 
JOY J. O'BRIEN 
Secretary of the Senate 
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-§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 
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. 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: 
Section 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 
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 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 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. Signatures on petitions for a direct initiative that are submitted 
to appropriate officials of cities, towns or plantations after the deadline established in this 
section are invalid. 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 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.rn., on 
the next day which is not a Saturday, a Sunday or a legal holiday. Such officials must 
complete the certification of such petitions and must return them to the circulators or their 
agents 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. 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 in 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 for 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 specify that 
signatures on a citizen's petition for the direct initiative of legislation that 
are submitted to municipal officials for signature certification after the 
deadline established in the Constitution are invalid, and to eliminate 
language specifically invalidating signatures that are older than one 
year?" 
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 
I 
,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. 
SUMMARY 
This resolution proposes to amend the Constitution of Maine to specify that 
signatures on a citizen's petition for direct initiative of legislation that are submitted to 
municipal officials for signature certification after the deadline established in the 
Constitution are invalid. 
This resolution also eliminates language specifically 
invalidating signatures that are older than one year.