An Act To Clarify the Election of Municipal Charter Commission Members
Maine Legislature, Session 124, LD 0034
Committee: State and Local Government
Sponsors: HAYES
Amends: 30-A MRSA §2103

Legislative Document 
No. 34 
H.P.29 
House of Representatives, January 5,2009 
An Act To Clarify the Election of Municipal Charter Commission 
Members 
(EMERGENCY) 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative HAYES of Buckfield. 
Printed ~111 fL'L.:ydt!d p<lpt:r 
'l7/d~ 1/1. mlLC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas, acts and resolves of the Legislature do not become 
effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, changes to the law governing the creation of charter commissions in 2008 
inadvertently failed to allow sufficient flexibility in the election of charter commission 
members for municipalities to conveniently schedule special referenda elections; and 
Whereas, there is no regularly scheduled June primary election in 2009; and 
Whereas, there can be a significant municipal expense in holding a special election 
outside of a regular election schedule; 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: 
l3 
Sec. 1. 30-A MRSA §2103, sub-§l, 4jfA, as amended by PL 2007, c. 495, § 1, is 
further amended to read: 
A. 
Voter members must be elected by one afthe following methods: 
(1) Six voter members are elected in the same manner as the municipa;U (mfi'fi:ce~ 
except that they must be elected at-large and without party desigJilatE(l)1J.;G;; 
(2) One voter member is elected from each voting distL"lct or wanill \.'llIi tfu:e SaamLe~ 
manner as municipal officers, except that the voter member Hilll'l'S:ti be' erectecli w,i'tnout 
party designation; or 
(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 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 must 
be arranged alphabetically by last name. If the elections are held at the same time, 
the names of the candidates 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. 
Page I - 124LR0393(OI)-1 
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SUMMARY 
This biJI amends the procedure that guides the election of members to a municipal charter 
commission. In current law, the election of the members can be held at either the same 
election as the referendum establishing the charter commission or at the next scheduled 
regular or special municipal or state election if that election is no more than 200 days after the 
referendum authorizing the charter commission. The bill removes the 200-day limit.