An Act To Strengthen the Ballot Initiative Process
Maine Legislature, Session 124, LD 1730
Committee Amendment CA_A_S443 (Senate)
Amends: 21-A MRSA §901-A, 21-A MRSA §902, 21-A MRSA §903-C, 21-A MRSA §90

COMMITTEE AMENDMENT "A " to S.P. 662, L.D. 1730, Bill, "An Act To 
Strengthen the Ballot Initiative Process" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 21-A MRSA §901-A, sub-§3 is enacted to read: 
3. Unique identifier. The circulator of a petition shall affix a unique identifier to the 
top and bottom of each page of a petition. The Secretary of State shall include a space at 
the top and bottom of each page of the petition for the unique identifier. 
"Unique 
identifier" means the initials of the circulator and a number corresponding to the number 
of petitions circulated by that circulator. 
Sec. 2. 21-A MRSA §902, 2nd err, as enacted by PL 1997, c. 581, §5, is amended 
to read: 
The petitions must be signed, verified and certified in the same manner as are 
nonparty nomination petitions under section 354, subsections 3 and 4 and subsection 7, 
paragraphs A and C. The circulator of a petition must sign the petition and verify the 
petition by oath or affirmation as described in section 354, subsection 7, paragraph A 
prior to submitting of the petition to the registrar. 
Sec. 3. 21-A MRS A §902-A is enacted to read: 
§902-A. Copies of petitions required 
The registrar, or clerk at the request or upon the absence of the registrar, shall make a 
copy of each petition submitted in accordance with section 902. If the registrar or clerk 
sllspects that a petition was submitted in violation of any provision of this chapter, the 
registrar or clerk shall immediately notify the SecretalY of State and provide a copy of the 
petition to the SecretaIY of State. 
Sec. 4. 21-A MRSA §903-C is enacted to read: 
Page I - 124LR2310(02)-1 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S:P. 662, L.D. 1730 
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§903-C. Direct initiative and people's veto petition organization required to be 
registered 
A petition organization shall register with the Secretary of State in accordance with 
this section. For the purposes of this section, "petition organization" means a business 
entity that receives compensation for organizing, supervising or managing the circulation 
of petitions for a direct initiative of legislation or a people's veto referendum. 
1. Registration. Prior to organizing, supervising or managing the circulation of 
petitions for a direct initiative of legislation or a people's veto referendum, a petition 
organization, in addition to meeting any other requirement to transact business in this 
State, shall register with the Secretary of State on a form prescribed by the Secretary of 
State. The registration form must include 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 compensation; 
B. 
Contact information for the petition organization, including the name of the 
petition organization, street address or post office box, telephone number and e-mail 
address; and 
C. The name and signature of a designated agent for the petition organization. 
The information contained in the registration must be made available for public 
inspection and must be posted on the publicly accessible website of the Secretary of 
State. 
Sec.S. 21-A MRSA §90S, sub-§l, as repealed and replaced by PL 1993, c. 352, 
§2, is amended to read: 
1. Secretary of State. The Secretary of State shall review all petitions filed in the 
Department of the Secretary of State for a people's veto referendum under the 
Constitution of Maine, Article IV, Part Third, Section 17, or for a direct initiative under 
the Constitution of Maine, Article IV, Part Third, Section 18. 
The Secretary of State shall determine the validity of the petition and issue a written 
decision stating the reasons for the decision within 30 days after the final from the date 
fef of filing the petitions of a written petition in the Department of the Secretary of State 
under the Constitution of Maine, Article N, Pali Third, Section 17 or 18. 
Sec. 6. 21-A MRSA §90S, sub-§2, as amended by PL 1987, c. 119, §1, is further 
amended to read: 
2. Superior Court. Any voter named 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 COllli. This 
action sfl.al..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 
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 hls that voter's wishes. This action must be commenced within.&. lQ days of the date of 
COMMITTEE AMENDMENT 
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COMMIITEE AMENDMENT "4" to S.P. 662, L.D. 1730 
the decision of the Secretary of State and shall be tried, '.vithout a jury, '.vithin 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 paliies. The cOUIi shall issue 
its written decision containing its findings of fact and stating the reasons for its decision 
within 30 days of the commencement of the trial or within 4540 days of the date of the 
decision of the Secretary of State. if there is no triaL' 
SUMMARY 
This amendment is the majority repOli of the committee and replaces the bill. The 
amendment requires a unique identifier on petitions for a direct initiative of legislation 
and people's veto referendum that comprises the circulator's initials and a sequential 
number representing the petitions circulated. It also requires that a petition must be 
signed and notarized prior to being submitted to a municipal clerk for verification. It 
directs the clerk to make copies of all petitions submitted for verification by circulators. 
The amendment creates a registration requirement for petition organizations that are 
compensated to organize, supervise or manage the circulation of petitions for a direct 
initiative or people's veto. The amendment extends the amount of time that a person has 
to challenge the decision of the Secretary of State to reject or celiify petitions from 5 to 
days and reduces the number of days the Superior Court has to rule on the challenge 
from 45 to 40 days. Finally, the amendment makes a correction to the statute to comply 
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with a 1998 Maine Supreme Judicial COllli decision that denies the right of de novo trial 
to a person challenging the decision of the Secretary of State to reject or celiify petitions. 
The amendment also makes the statute consistent with the Constitution of Mai116, which 
allows for a total of 100 days for a final decision on the certification of a petition for a 
direct initiative or a people's veto. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 0311 411 0 :%Pac:.. 
LD 1730 
LR 2310(02) 
An Act To Strengthen the Ballot Initiative Process 
Fiscal Note for Bill as Amended by Committee Amendment ''II'' 
Committee: Legal and Veterans Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Unfunded 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil suits. 
The collection of additional filing fees may also increase General Fund revenue by minor amounts. 
State Mandates 
Required Activity 
Unit Affected 
Local Cost 
Copy each petition submitted to the registrar. 
Municipality 
Insignificant 
statewide 
The required local activities in this bill may represent a State mandate pursuant to the Constitution of Maine. Unless 
General Fund appropriations are provided to fund at least 90% of the additional costs or a Mandate Preamble is 
amended to the bill and two-thirds of the members of each House vote to exempt this mandate from the funding 
requirement, municipalities may not be required to implement these changes. 
Fiscal Detail and Notes 
Additional costs to the Department of Secretary of State associated with creating and filing registrations for 
organizations that receive compensation for supervising, managing or organizing efforts to obtain signatures for an 
initiative or referendum petition can be absorbed within existing budgeted resources. 
LR231 0(02) - Fiscal Note - Page 1 of 1 
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