An Act To Prevent Predatory Signature Gathering and Ensure a Clean Citizen Initiative and People's Veto Process (
Maine Legislature, Session 124, LD 1690
Committee: Legal and Veterans Affairs
Sponsors: BERRY, SULLIVAN, CAREY, DILL, FLEMINGS, PIOTTI, GOODALL, MITCHELL, NUTTING
Amends: 21-A MRSA §197, 21-A MRSA §903-B, 21-A MRSA §903-C, 21-A MRSA §905, 21-A MRSA §1056-B

Legislative Document 
No. 1690 
H.P. 1191 
House of Representatives, January 6,2010 
An Act To Prevent Predatory Signature Gathering and Ensure a 
Clean Citizen Initiative and People's Veto Process 
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Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
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203. 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative BERRY of Bowdoinham. 
Cosponsored by Senator SULLIVAN of York and 
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1h.71ltU~{· 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CAREY of Lewiston, DILL of Cape Elizabeth, FLEMINGS of Bar Harbor, 
MacDONALD of Boothbay, PIOTTI of Unity, Senators: GOODALL of Sag ada hoc, President 
MITCHELL of Kennebec, NUTTING of Androscoggin . 
Printed on recycled pilper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 21-A MRSA §197 is enacted to read: 
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§197. List of certified signatures provided 
Beginning December I, 2010, in addition to the records to be' made available in 
accordance with section 196, the Secretary of State shall also make available' an 
electronic list of the names of those voters, along with their voter identification numbers, 
whose signatures were certified ona.petition for a direct initiative of legislation or ,a 
people's veto referendum. 
This list is subject to the fees set forth in sectio'n 196, 
subsection 4 and may not be used for commercial purposes. 
Sec. 2. 21-A MRSA §903-B is enacted to read: 
§903-B. Removal of signature from petition 
The Secretary of State may reject certification of a signature on a petition for a direct 
initiative of legislation or a people's veto referendum in accordance with this section. 
'1. Written request. A person may make a request to have that person's 'signature 
discounted from a petition for a direct initiative of legislation or a people's veto 
referendum by submitting a written request to the applicant for the direct initiative or 
people's v'eto. 
The written request must clearly state the requestor's full name and 
, municipality of residence.' A copy of the written request must be submitted to the 
Secretary of State. The written request, including the copy to the Secretary of State, must 
. be submitted no later than 15 days prior to the date the petition is due to the municipal 
registrar or election clerk as required by section 902. 
2. . Information provided. The Secretary of State shall post on the Secretary of 
State's publicly accessible website the name and the contact information of the applicant' 
for each direct initiative of legislation and people's veto referendum to facilitate the 
provisions described in subsection 1. 
Sec. 3. 21-A MRSA §903-C is enacted to read: 
§903-C .. Direct initiative and peoples's veto petition organization required to be 
registered 
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A petition organization shall register with the Secretary of State in accordance with 
this section. The Secretary of State shall reject the certificatio~ of petitions for the direct 
initiative of legislation or a people's veto referendum for 'which the collection of 
signatures was supported, encouraged or organized by a petition organization that failed 
to register in accordance with subsection 1 or had its registration denied or revoked in 
accordance with subsection 2. For the purposes oT this section, "petition organization" 
means a person, corporation or organization that receives or enters into a, contract to 
receive compensation for supporting, encouraging or organizing the collection of petition 
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signatures for a direct initiative of legislation or a people's veto referendum. 
Page I - 124LR20B4(OI)-1 
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1. Registration. 
Prior to conducting any activities related to the collection of 
signatures for a direct iriitiative of legislation or a people's veto referendum for which 
compensation will be received, a petition organization, in addition to meeting any other 
registration requirement to transact business in this State, shall register with the Secretary 
of State. The Secretary of State shall prescribe the form and content of the registration 
and may charge a fee to administer this registration. The registration must include but is 
not limited to the following: 
A. The ballot question or title of each direct initiative of legislation or people's veto 
. referendum for which the petition organization will receive compensatiop.; 
B. 
Contact information for the petition organization, inclUding the name of the 
organization, street address or post office box, telephone number and e-mail address; 
C. The name and signature of a designated agent for the petition organization; and 
D: The name of each person who will receive compensation for activities related to 
the collection of signatures for a direct initiative of legislation or people's veto 
referendum. 
The information contained in this registration must be made available for public 
inspection and must be posted on the publicly accessible website of the Secretary of 
State.· 
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2. Denial or revocation of registration. The Secretary of State may deny the 
registration of a petition organization if that petition organization or any of its principals 
has been found via judicial or administrative proceeding to have violated any laws 
relating to the collection of signatures for a direct initiative of legislation or people's veto 
referendum in this State or any other state within the previous 10 years. The Secretary of 
State may revoke the registration of a .petition organization if the petition organization 
authorized or knowingly permitted any of the following: 
A. Allowing a signature on the petition of a person other than the person signing; 
B. Allowing someone other than the person who signs the oath on the petition to 
collect signatures for that petition; 
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C. Falsifying the name or address of the circulator on the petition; 
D. Inducing people to sign a petition or withdraw their names from a petition by 
o'ffering money or other things of value; and 
E. Violating the laws and rules governing notaries public. 
Sec. 4. 21-A MRSA §905, sub-§2, as amended by PL 1987, c. 119, § 1, is further 
amended to read: 
2. Superior Court. Any voter n~med in the application under section 901, or any 
person who has validly signed the petitions, if these petitions are, determined to be 
invalid, or any other voter, if these petitions are determined to be valid, may appeal the 
decision of the Secretary of State by commencing an action in the Superior Court. This 
action sfta.I-l must be conducted in accordance with the Maine Rules of Civil Procedure, 
Rule 80C, except as modified by this section. In reviewing the decision of the Secretary 
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of State, the court shall determine Whether the description of the 'subject matter is 
understandable to a reasonable voter reading the question for the first time and will not 
mislead a reasonable voter who understands the proposed legislation into voting contrary 
to hlsthat voter's 'Yishes. This action must be commenced within .§.10 days of the date of 
the decision of the Secretary of State and sfla.I-l must be tried, without a jury, within 15 
days of the date of that decision. Upon timely application, anyone may intervene in this 
action when the applicant claims an interest relating to the subject matter of the petitions, 
unless the applicant's interest is adequately represented by existing parties. The court 
shall issue its w.ritten decision containing its findings of fact and stating the reasons for its 
decision within 3'0 days of the commencement of the trial or within 45 days of the date of 
the decision of the Secretary of State, if there is no trial. ' 
Sec. 5. 21-A MRSA §1056-B, first err, as amended by PL 2009, c. 190, Pt. A, §20 
and c. 366, §7 and affected by § 12, is repealed and !he following enacted in its place:' 
Any person not defined as a political action ~ommittee who receives contributions or 
makes expenditures, other than by contribution to a political action committee, 
aggregating in excess of $5,000 for the purpose of initiating, promoting; defeating or 
influencing in any way a direct initiative of legislation or people's veto referendum must 
file ballot question reports with the commission in accordance with this section. Within 7 
days of receiving contributions or making expenditures that exceed $5,000, the person 
shall register with the commission as a ballot question committee. For the purposes of 
this section, expenditures include paid staff time spent for the purpose of influencing in 
any way a direct initiative of legislation or people's veto referendum. The commission 
must prescribe forms· for the registration, and the forms must include specification of a 
treasurer for the committee, any other principal officers and all individuals 'who are the 
primary fund-raisers and decision makers for the committee. In the case of a municipal 
election, the registration and reports must be filed with the clerk of that municipality. 
Sec. 6. 
21~A MRSA §1056-B, sub-§2, as amended by PL 2009, c. 190, Pt. A, 
§20; is further amended to read: 
2. Content. A report must contain an itemized account of each expenditure made to 
andicontribution received from a single source aggregating in excess of $100 in any 
election; the date of each contribution; the date and purpose of each expenditure; the 
. name and address of each contributor, payee or creditor; arid the occupation and principal 
place of business, if any, for any perso.n who has made contributions exceeding $100 in 
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the aggregate. 
The filer is required to report only those contributions made to the filer 
for the purpose of initiating, promoting, defeating or influencing in' any way a ballet 
question direct' initiative of legislation or people's veto referendum and only those 
expenditures made for those purposes. 
The definitions of "contribution" and 
"expenditure" in section 1052, subsections 3 and 4, respectively, apply to persons 
required to file ballot question reports. ' 
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Sec. 7. 21-A MRSA §1056-B, sub-§2-A,.~, as enacted by PL 2007, c. 477, §4, 
is amended to read: 
B. Funds proviqed in response to a solicitation that would lead the contributor to 
believe that the funds would be used specifically for the purpose of initiating, 
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promoting, defeating or il)fhiencing in any way a ballot quest~on direct initiative of 
legislation or people's veto referendum; 
Sec. 8. 21-A MRSA §1056-B, sub-§2-A, -,rC, as enacted by PL 2007, c. 477, §4, 
is amended to read: 
C.Funds that can reasonably be determined to have been provided by the contributor· 
for the purpose of initiating, promoting, defeating or influencing in any way a baHet 
question direct initiative of legislation or people's veto referendum when viewed in 
the context of the contribution and the recipient's activities regarding a hallot auestion 
direct initiative of legislation or people's veto referendum; and 
Sec. 9. 21-A MRS A §1056-B, sub-§4, "irA, as enacted by PL 2007, c. 477, §4, is 
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amended to read: 
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A. The filer shall keep a detailed account of all contributions made"to the filer for the 
purpose of initiating, promoting, defeating or influencing in any way a ballot question 
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direct initiative of legislation or people's veto referendum and all expenditures made 
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for those purposes. 
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SUMMARY 
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This bill requires the Secretary of State to make electronic lists of certified signatures 
. from petitiOl~s for direct initiatives of legislation and people's veto referenda beginning 
December 2010. The bill also extends the time period that a person has to examine 
petitions when challenging the decision of the Secretary of State from 5 to 10 days. The 
bill authorizes the Secretary of State to reject certification of signatures on a petition for a 
direct initiative of legislation or a people's veto if the person who signed the petition 
submits a written request to the direct initiative or people's veto applicant 15 days prior to 
the date when the petitions are due to the municipal clerk for verification. This bill also 
requires registration of organizations that receive compensation to collect or support the· 
collection of signatures on petitions for a direct initiative of legislation or people's veto 
j·eferendum. Finally, this bill makes a technical clarification to the campaign finance and 
disc.Josure laws regarding ballot question committees.