An Act To Clarify the Election of Municipal Charter Commission Members II
Maine Legislature, Session 123, LD 1968
Committee Amendment CA_A_S426 (Senate)
Amends: 30-A MRSA §2103

COMMITTEE AMENDMENT 'A " to S.P. 762, L.D. 1968, Bill, "An Act To 
Clarify the Election of Municipal Charter Commission Members" 
II 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the municipal charter is equivalent to a constitution for the City of 
Portland, and voters should be able to separate the choice between the need for a charter 
commission and an election of the members of that charter commission; and 
Whereas, the City of Portland intends to hold an election in June 2008, which is less 
than 90 days after statutory adjournment; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 30-A MRSA §2103, sub-§l, ~A, as enacted by PL 1987, c. 737, Pt. A, §2 
and Pt. C, § 106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is 
further amended to read: 
A. 
Voter members shall must be elected by one of the following methods: 
(I) Six voter members shall be are elected in the same manner as the municipal 
officers, except that they must be elected at-large and without party designations; 
aT 
COMMITTEE AMENDMENT 
• 
~' 
I 
II 
IS 
COMMITTEE AMENDMENT "4" to S.P. 762, L.D. 1968 
(2) One voter shall be member is elected from each voting district or ward in the 
same manner as municipal officers, except that tfley the voter member must be 
elected without party designation~.;..Q[ 
(3) Voter members are elected both at-large and by district or ward, as long as 
the number of voter members is the same as the number of municipal officers on 
the board or council of that municipality and the voter members are elected in the 
same manner as the municipal officers, except that they must be elected without 
party designation. 
Election of voter members may be held either at the same municipal election as the 
referendum for the charter commission, but must be held ,tVithin 90 days of the 
referendum election or at the next scheduled regular or special municipal or state 
election that is no more than 200 days after the referendum authorizing the charter 
commission. 
The names of the candidates on the ballot sfl.a.I-l must be arranged 
alphabetically by last name. If the elections are held at the same time, the names of 
the candidates sfl.a.I-l must appear immediately below the question relating to the 
charter commission. 
Emergency clause. 
In view of the emergency cited In the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment clarifies that a municipality is authorized to elect the members of a 
municipal charter commission by the procedure in the bill but that it is not mandatory for 
municipalities that have both at-large and district or ward municipal officers on the town 
or city council to use this method. 
The amendment adds an emergency preamble and emergency clause so that the City 
of Portland can include a question about the need for a new charter commission at the 
next regularly scheduled election in June 2008, and the members of that commission can 
be elected at the November 2008 election if the commission question is approved. 
COMMITTEE AMENDMENT