An Act To Provide Notice to the General Public about Proposed Initiative Questions
Maine Legislature, Session 123, LD 0176
Committee Amendment CA_A_S114 (Senate)
Amends: 21-A MRSA §901, 21-A MRSA §901-A, 21-A MRSA §903-A, 21-A MRSA §905-A

COMMITTEE AMENDMENT" A" to S.P. 58, L.D. 176, Bill, "An Act To Provide 
Notice to the General Public about Proposed Initiative Questions" 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and inserting the following: 
'Sec. 1. 21-A MRSA §901, sub-§3-A, as amended by PL 1997, c. 581, §3, is 
further amended to read: 
3-A. Review for proper form. The Secretary of State shall review the proposed law 
for a direct initiative of legislation within 10 business days after receipt of the application 
and either reject the application or provide a first revised draft of the initiative legislation 
to the applicant within that time. The Secretary of State may reject the application if the 
Secretary of State determines that the proposed law: 
A. 
Does not conform to the form prescribed by the Secretary of State; or 
B. 
Does not conform to the essential aspects of the drafting conventions established 
for the Maine Revised Statutes. The drafting conventions include but are not limited 
to: 
(1) 
Correct allocation to the statutes and correct integration with existing 
statutes; 
(2) BiIl 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. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ".A " to S.P. 58, L.D. 176 
By consent of the applicant the proposed law may be modified to conform with the 
requirements of this section. The Secretary of State may request assistance from the 
Revisor of Statutes in reviewing the proposed law. 
The applicant shall submit each subsequent draft of the legislation to the Secretary of 
State for review following the same process. The Secretary of State shall review each 
subsequent draft from the applicant and provide a revised draft or written response 
suggesting how the proposed law may be modified to conform with the requirements of 
this section within 10 business days. 
Before the ballot qeestioR is drafted by the 
Secretary of State, writteR CORsent to the fiRal laRgtlage of the proposed lavi mHst be 
gi¥eR by the applicaRt. The applicant must give written consent to the final language of 
the proposed law to the Secretary of State before the petition form is designed by the 
Secretary of State. 
Sec. 2. 21-A MRSA §901, sub-§4, as amended by PL 1997, c. 581, §4, is further 
amended to read: 
4. 
Ballot question. 
The ballot question for an initiative or a people's veto 
referendum must be drafted by the Secretary of State in accordance with section 906 and 
rules adopted in accordance with the Maine Administrative Procedure Act. The Secretary 
of State shall provide the ballot question to the 'applicant for a people's veto referendum 
within 10 business days after receipt of a properly completed application. The Secretary 
of State shall provide the ballot qeestioR to the applicaRt for an iRitiative vi'ithiR 10 
besiRess days after the applicaRt has sebmitted to the Secretary of State writteR CORseRt to 
the fiRallaRguage of the proposed law. The qeestioR mest be cORspiceoesly displ~red OR 
the face of the petitioR. If an initiative is filed with the Secretary of State and certified 
pursuant to the Constitution of Maine, Article IV, Part Third, Section 18 as having a 
sufficient number of signatures and is not enacted without change by the Legislature at 
the session at which it is presented, then the Secretary of State shall propose a ballot 
question to be submitted for public comment as provided in section 905-A. 
Sec. 3. 21-A MRSA §901, sub-§5, as enacted by PL 1993, c. 352, §1, is amended 
to read: 
5. Summary of proposal. For a direct initiative, the Secretary of State shall request 
the Revisor of Statutes to recommend a concise summary that objectively describes the 
content of the proposed law. The Secretary of State shall approve or amend the summary 
and the summary must be attaehed to the eRd of the proposed law printed on the petition 
form immediately following the statements required by section 90 I-A. 
Sec. 4. 21-A MRSA §901-A, sub-§2, as enacted by PL 2005, c. 356, § 1, is 
amended to read: 
2. Required statements; placement of information. The Secretary of State shall 
include the following statements at the top of the petition to be submitted to voters in a 
type size of no less than 16 points: 
"Freedom of Citizen Information: Before a registered voter signs any 
initiative petition, signature gatherers must offer the voter the opportunity 
to read the proposed initiative summary prepared by the Secretary of 
State." 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ':,4 " to S.P. 58, L.D. 176 
"Ballot questions during the 20 .. election [most recent election cycle] 
cost taxpayers approximately $ ........ [Secretary of State shall use fiscal 
infonnation provided by the Office of Fiscal and Program Review] each 
to be placed on the ballot. As a citizen of Maine, you have a right to this 
infonnation."The sl:lmmary of the proposed direet initiative ml:lst be 
printed on the petition immediately follovt'ing the statements reql:lired by 
this sl:lbseetion. 
Sec. 5. 21-A MRSA §903-A, as amended by PL 2005, c. 575, §I, is further 
amended to read: 
§903-A. Circulation 
Petitions issued under this chapter may be circulated by any registered voter. 
1. FiliBg. filing of petitions in aeeordanee with the deadlines speeified in the 
Constitution of Maine, Artiele N, Part Third, Seetion 1 g ml:lst be eompleted within one 
year ofthe date of issl:lanee I:lnder this ehapter. 
2. IH7/ltlid petitioH. Petitions not filed in aeeordanee with the deadlines speeified in 
the Constitl:ltion of Maine, Artisle N, Part Third, Seetion 1 g ,tYithin one year of the date 
of issl:laAee I:lnder this ehapter are invalid for eirel:llation. 
3. Information to circulators. An applicant for a direct initiative or a people's veto 
referendum pursuant to section 901 shall provide to each person who will be circulating 
petitions a copy of the laws and rules governing the circulation of petitions for a direct 
initiative or people's veto as provided by the Secretary of State. The Secretary of State 
shall provide a copy of the laws and rules governing the circulation of petitions for a 
direct initiative or people's veto when an approved petition form is provided to an 
applicant for a direct initiative or people's veto referendum. The copy of the laws and 
rules provided by the Secretary of State may also include comments that may aid in the 
comprehension of those laws and rules. 
Sec. 6. 21-A MRSA §905-A is enacted to read: 
§905-A. Public comment on initiative questions 
No later than 10 business days after the Legislature adjourns sine die, the Secretary of 
State shall give public notice of a proposed ballot question for any initiative that will be 
submitted to the voters at the next statewide election or special election by posting all 
proposed ballot questions on the Secretary of State's publicly accessible website. The 
Secretary of State may also publish notice for one day in newspapers having general 
circulation in the State. After giving public notice of a proposed ballot question in 
accordance with this section, the Secretary of State shall provide a 30-day public 
comment period for the purpose of receiving comments on the content and form of 
proposed questions to be placed on the ballot for any pending initiatives. No later than 10 
days after receiving public comments in accordance with this section and after review of 
those comments, the Secretary of State shall write the ballot question for any pending 
initiative.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 58, L.D. 176 
SUMMARY 
This amendment replaces the bill. It establishes a comment period so that the public 
may offer comments on the wording and content of ballot questions for any initiative that 
will appear on the ballot in accordance with the procedure for citizen-initiated measures. 
The amendment requires the Secretary of State to propose a question for the initiative 
within 10 business days of adjournment of the legislative session. 
That proposed 
question will be posted on the publicly accessible website of the Secretary of State along 
with notice of a public comment period. The notice may also be published in newspapers 
with general statewide circulation. 
No later than 10 days after receiving public 
comments, the Secretary of State shall write the question to appear on the ballot. 
This amendment also makes changes to provisions of law that have been rendered 
inconsistent by the November 2006 passage of a Constitutional Amendment regarding 
when petitions for citizen initiatives are due to municipalities for signature verification. 
COMMITTEE AMENDMENT