An Act To Clarify Voting Procedures for Standard Water Districts
Maine Legislature, Session 126, LD 1004
Committee: Energy, Utilities and Technology
Sponsors: HOBBINS
Amends: 35-A MRSA §6401, 35-A MRSA §6410, 35-A MRSA §6413, 35-A MRSA §6413-A

Legislative Document 
No. 1004 
H.P. 702 
House of Representatives, March 12, 2013 
An Act To Clarify Voting Procedures for Standard Water Districts 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative HOBBINS of Saco. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  35-A MRSA §6401, as amended by PL 2003, c. 147, §1, is further 
amended to read: 
§6401.  Purpose; scope and application; commission authority; charter adoption or 
amendment 
1.  Purpose.  The purpose of this chapter, which may be known and cited as the 
"Standard Water District Enabling Act," is to promote consistency among the powers and 
authorities of water districts in this State.  The intent of this chapter is to suggest standard 
provisions that a district formed after January 1, 1997 may consider including in its 
charter.  Except as specifically provided in subsection 2, in recognition of the unique 
nature of each water district, its customers and its priorities, the suggested provisions are 
specifically not intended to be mandatory in nature and are not intended to apply to 
districts formed prior to January 1, 1997. 
2.  Scope and application.   The provisions of this chapter apply as follows. 
A.   The following provisions apply to all water districts, regardless of when 
chartered, and any portion of a water district charter that is contrary to the provisions 
is void and of no effect: 
 (1) Section 6410, subsection 7; 
 (2) Section 6410, subsection 8; 
 (3) Section 6413-A; and 
 (4) Section 6414-A. 
B.   The following provisions apply to all water districts formed on or after January 1, 
1982: 
 (1)  Subsection 3; 
 (2) Section 6410, subsection 5; and 
 (3) Section 6416. 
C.   Except as provided in paragraphs A and B or in subsection 3 or by charter or 
other provision of law, the provisions of this chapter do not apply to districts formed 
prior to January 1, 1997. 
3.  Water districts; commission authority.  Notwithstanding any terms, conditions 
or limitations, either expressed or implied, in a special Act of the Legislature under which 
a district is organized or in any special Act of the Legislature under which a district is 
franchised, the commission may establish reasonable terms upon which water districts 
shall extinguish their long-term indebtedness.  This subsection does not authorize the 
commission to alter the terms of any existing obligations of a water district. 
4.  Adoption of charter or charter amendment.  The referendum election for the 
adoption of a standard district charter or charter amendment must be conducted as a 
secret ballot referendum in accordance with Title 30-A, section 2528 even if the 
municipality or a portion of the municipality in which the election is conducted has not 
accepted secret ballot voting under that provision. 
Sec. 2.  35-A MRSA §6410, sub-§1, as amended by PL 2003, c. 147, §2, is 
further amended to read: 
1.  Standard districts; nominations and elections; vacancies.  Nominations and 
elections of trustees are conducted in accordance with the laws relating to municipal 
elections.  All elections must be conducted by secret ballot in accordance with Title 30-A, 
section 2528 even if the municipality or a portion of the municipality in which the 
election is conducted has not accepted secret ballot voting under that provision. 
When the term of office of a trustee expires, the trustee's successor is elected at large by a 
plurality vote of the voters of the standard district.  For the purpose of election, a special 
election must be called and held on the date established by the trustees.  The election 
must be called by the trustees of the standard district in the same manner as town 
meetings are called, advertised and conducted in accordance with Title 30-A, section 
2528 and, for this purpose, the trustees are vested with the powers of municipal officers 
of towns.  A vacancy is filled in the same manner for the unexpired term by a special 
election called by the trustees of the standard district. 
The trustees shall appoint a registrar of voters for the standard district, who may also be 
the registrar of voters for any town within the standard district, and fix the registrar's 
salary.  It is the registrar's duty to make and keep a complete list of all the registered 
voters resident in the standard district.  The list prepared by the registrar governs the 
eligibility of any voter.  Voters who are resident outside the territorial limits of the 
standard district, as defined in its charter, are not eligible voters and the registrar of voters 
shall exclude those voters from the registrar's lists.  All warrants issued for elections by 
the trustees must show that only the voters resident within the territorial limits of the 
standard district are entitled to vote. 
Sec. 3.  35-A MRSA §6413, first ¶, as amended by PL 2005, c. 192, §1, is further 
amended to read: 
Prior to issuing on behalf of a standard district any bond, note or other evidence of 
indebtedness payable within a period of more than 12 months after the date of issuance, 
the trustees shall propose a debt limit for the standard district that the trustees must 
submit for approval in a districtwide referendum.  The referendum must be called, 
advertised and conducted according to the law relating to municipal elections Title 30-A, 
section 2528 even if the municipality or a portion of the municipality in which the 
election is conducted has not accepted secret ballot voting under that provision, except 
the standard district's registrar of voters is not required to prepare or the clerk to post a 
new list of voters.  The referendum may be held outside the territory of the district if the 
usual voting place for persons located within the district is located outside the territory of 
the district.  For the purpose of registering voters, the registrar of voters must be in 
session on the regular workday preceding the election.  The question presented must 
conform to one of the following forms: 
Sec. 4.  35-A MRSA §6413-A, 2nd ¶, as amended by PL 2005, c. 192, §2, is 
further amended to read: 
If a water district chooses to increase its debt limit pursuant to this section, the 
governing body of the water district shall propose a new debt limit and submit the 
proposal for approval at a districtwide referendum.  The referendum must be called, 
advertised and conducted according to the law relating to municipal elections Title 30-A, 
section 2528 even if the municipality or a portion of the municipality in which the 
election is conducted has not accepted secret ballot voting under that provision, except 
the registrar of voters is not required to prepare or the clerk to post a new list of voters.  
The referendum may be held outside the territory of the district if the usual voting place 
for persons located within the district is located outside the territory of the district.  For 
the purpose of registering voters, the registrar of voters must be in session on the regular 
work day preceding the election.  The question presented must conform to the following 
form: 
"Do you favor changing the debt limit of the (insert name of district) 
from (insert current debt limit) to (insert proposed debt limit)?" 
SUMMARY 
This bill clarifies voting procedures for standard water districts.  Currently, standard 
district charters and charter amendments approved by the Legislature and the Maine 
Revised Statutes, Title 35-A, sections 6410, 6413 and 6413-A use language to the effect 
that referendum elections or trustee elections must be conducted in accordance with the 
laws relating to municipal elections without explicitly stating that the secret ballot method 
of voting is to be used.  This bill clarifies that secret ballot voting in accordance with Title 
30-A, section 2528 is the method to be used to enact or amend a standard district charter 
by referendum, to elect trustees or to establish or amend a debt limit by referendum, even 
if a municipality in which the standard district is located has not accepted this method of 
voting.