An Act To Reduce the Participation Thresholds for Various Municipal Referenda and To Change the Measurement of Those Thresholds from Votes Cast for and against the Question to Votes in Favor of the Question
Maine Legislature, Session 129, LD 0482
Committee: State and Local Government
Sponsors: POULIOT, DOORE, WARREN
Amends: 20-A MRSA §1466, 30-A MRSA §2105, 30-A MRSA §7209

Legislative Document
No. 482
S.P. 147
In Senate, January 31, 2019
An Act To Reduce the Participation Thresholds for Various 
Municipal Referenda and To Change the Measurement of Those 
Thresholds from Votes Cast for and against the Question to Votes in 
Favor of the Question
Reference to the Committee on State and Local Government suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator POULIOT of Kennebec.
Cosponsored by Representative DOORE of Augusta and
Representative: WARREN of Hallowell.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §1466, sub-§9, as amended by PL 2013, c. 461, §1, is 
further amended to read:
9.  Required vote.  Before the municipality may withdraw from the regional school 
unit, the withdrawal agreement must be approved by a majority vote of those casting 
valid votes in the municipality, and the total number of votes cast for and against in favor 
of withdrawal at the municipal vote must equal or exceed 50% 25% of the total number 
of votes cast in the municipality for Governor at the last gubernatorial election.
Sec. 2.  30-A MRSA §2105, sub-§4, as enacted by PL 1987, c. 737, Pt. A, §2 and 
Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is 
further amended to read:
4.  Effective date.  If a majority more of the ballots votes cast on any question under 
subsection 1 or 2 favor acceptance than oppose it, the new charter, charter revision, 
charter modification or charter amendment proposed in that question becomes effective 
as provided in this subsection, provided as long as the total number of votes cast for and 
against in favor of the question equals or exceeds 30% 15% of the total votes cast in the 
municipality for Governor at the last gubernatorial election.
A.    Except as provided in subparagraph (1), new charters, charter revisions or 
charter modifications adopted by the voters take effect on the first day of the next 
succeeding municipal year.
 (1)  New charters, charter revisions or charter modifications take effect 
immediately for the purpose of conducting any elections required by the new 
provisions.
B.    Charter amendments adopted by the voters take effect on the date determined by 
the municipal officers, but not later than the first day of the next municipal year.
Sec. 3.  30-A MRSA §7209, sub-§2, as enacted by PL 1989, c. 216, §2, is 
amended to read:
2.  Requirements for approval.  The voters shall indicate their opinion on this 
question by a cross or check mark placed against the word "Yes" or "No."  Before 
becoming effective, the deorganization must be approved by at least 2/3 of the voters 
those voting in the general election for or against deorganization and the total number of 
votes cast for and against in favor of deorganization at the election must equal or exceed 
50% 1/3 of the total number of votes cast in the municipality for Governor at the last 
gubernatorial election.
SUMMARY
This bill changes the requirements for a municipality to withdraw from a regional 
school unit following a vote on a withdrawal agreement. Current law requires that the 
total number of votes cast for and against withdrawal equal or exceed 50% of the total 
votes cast in the municipality for Governor in the last gubernatorial election. This bill 
requires instead that the number of votes cast in favor of withdrawal equal or exceed 25% 
of the total votes cast in the municipality for Governor in the last gubernatorial election. 
A majority vote in favor of withdrawal is still required, and a 2/3 vote in favor of 
withdrawal is still required if the municipality is part of a school administrative district 
that was reformulated as a regional school unit pursuant to the school unit consolidation 
laws.
This bill also changes the requirements for a new municipal charter, charter revision, 
charter modification or charter amendment in a question before the voters to go into 
effect. Current law requires that the total number of votes cast for and against the 
question equal or exceed 30% of the total votes cast in the municipality in the last 
gubernatorial election. This bill requires instead that the number of votes cast in favor of 
the proposed change equal or exceed 15% of the total votes cast in the municipality in the 
last gubernatorial election and clarifies that this means votes cast for Governor in that 
election. Also, while this bill does not change the requirement that a majority of votes 
cast for and against the proposed change be in favor of it in order for that change to go 
into effect, it clarifies that blank votes are not counted in that calculation.
This bill also changes the requirements for a deorganization of a municipality to go 
into effect following a vote on final approval. Current law requires that the total number 
of votes cast for and against deorganization must equal or exceed 50% of the total votes 
cast in the municipality for Governor in the last gubernatorial election in order for the 
deorganization to go into effect. This bill requires instead that the number of votes cast in 
favor of deorganization must equal or exceed 1/3 of the total votes cast in the 
municipality for Governor in the last gubernatorial election. Also, while this bill retains 
the requirement that the deorganization be approved by 2/3 of the voters in order for it to 
go into effect, it clarifies that that means 2/3 of those voting for or against deorganization 
in that election.