An Act To Amend the Direct Initiative Signature Gathering Process
Maine Legislature, Session 128, LD 1323
Committee: Veterans and Legal Affairs
Sponsors: LUCHINI, MASON
Amends: 4 MRSA §955-C, 21-A MRSA §905

Legislative Document
No. 1323
H.P. 917
House of Representatives, April 4, 2017
An Act To Amend the Direct Initiative Signature Gathering Process
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative LUCHINI of Ellsworth.
Cosponsored by Senator MASON of Androscoggin.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  4 MRSA §955-C, sub-§1, ¶C, as amended by PL 2005, c. 629, §2, is 
further amended to read: 
C.  The notary public is in violation of section 954-A or section 960; or 
Sec. 2.  4 MRSA §955-C, sub-§1, ¶D, as enacted by PL 1997, c. 712, §2, is 
amended to read: 
D.    The notary public has been convicted of a crime as defined by rules adopted by 
the Secretary of State.  These rules must provide that a conviction for perjury, false 
swearing, bribery, corrupt practices or forgery or related offenses may be a basis for 
the Secretary of State to suspend, revoke or refuse to renew the commission of a 
notary public.  Rules adopted pursuant to this paragraph are routine technical rules as 
defined in Title 5, chapter 375, subchapter II-A. 2-A; or 
Sec. 3.  4 MRSA §955-C, sub-§1, ¶E is enacted to read: 
E.  The notary public has allowed another person to use that notary public's 
commission. 
Sec. 4.  21-A MRSA §905, sub-§1, as amended by PL 2009, c. 611, §5, is further 
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 from the date of filing of a 
written petition in the Department of the Secretary of State under the Constitution of 
Maine, Article IV, Part Third, Section 17 or 18. 
The Secretary of State may invalidate a petition if the Secretary of State is unable to 
verify the notarization of that petition. 
Sec. 5.  Secretary of State to establish online reporting system.  The 
Secretary of State shall establish an online reporting system for suspected fraudulent 
signature gathering practices for direct initiative and people's veto petitions. 
SUMMARY 
This bill authorizes the Secretary of State to suspend, revoke or refuse to renew the 
commission of a notary public who has allowed another person to use that notary public's 
commission.  It also authorizes the Secretary of State to invalidate a petition for a direct 
initiative or people's veto if the Secretary of State is unable to verify the notarization of 
that petition.  The bill directs the Secretary of State to establish an online reporting 
system for suspected fraudulent signature gathering practices for direct initiative and 
people's veto petitions.