An Act Regarding 2021 Municipal Elections and Town Meetings
Maine Legislature, Session 130, LD 1274
Committee: State and Local Government
Sponsors: HEPLER, BERRY, HARNETT, BREEN, MOORE

Legislative Document
No. 1274
H.P. 934
House of Representatives, March 29, 2021
An Act Regarding 2021 Municipal Elections and Town Meetings
(EMERGENCY)
Received by the Clerk of the House on March 25, 2021.  Referred to the Committee on 
State and Local Government pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative HEPLER of Woolwich.
Cosponsored by Representatives: BERRY of Bowdoinham, HARNETT of Gardiner, Senators: 
BREEN of Cumberland, MOORE of Washington.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the spread of the novel coronavirus referred to as COVID-19 has created a 
public health emergency; and
Whereas, in response to COVID-19, the World Health Organization has declared a 
pandemic, the President of the United States has declared a national emergency and the 
Governor of Maine has declared a civil state of emergency; and
Whereas, state and federal authorities, including the federal Centers for Disease 
Control and Prevention, the Department of Health and Human Services, Maine Center for 
Disease Control and Prevention and the Governor have recommended or placed limits on 
public gatherings; and
Whereas, the most recommended ways of avoiding infection and furthering the 
spread of the virus that causes COVID-19 are for authorities to reduce the number of public 
gatherings and for people to avoid large crowds; and
Whereas, municipal leaders seek to ensure public safety by acting in concert with 
public health guidelines to discourage large gatherings and also recognize the likelihood of 
low voter turnout at meetings or elections held, depriving voters of full participation in 
municipal decisions; and
Whereas, there is no procedure in Maine law to postpone a municipal secret ballot 
election or nomination process already in progress, and delay of municipal budget meetings 
will deprive municipal authorities of legal authority to spend and continue operations; and
Whereas, it is imperative that action be taken at the earliest possible moment to allow 
for continuity of services by municipalities despite the need to postpone meetings; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  Failure to pass municipal budget; deemed approved; tax 
commitment.  Notwithstanding any law or municipal charter provision to the contrary, if 
an annual municipal budget meeting is delayed beyond the date the annual budget is 
customarily submitted to the legislative body of that municipality for approval due to public 
health concerns arising from coronavirus disease 2019, referred to in this Act as 
COVID-19, the prior year's approved or deemed approved municipal budget is deemed the 
budget for the ensuing year until a final budget is approved.  If a final budget is not 
approved in a timely manner and the municipal officers determine that property taxes must 
be committed in a timely manner to the tax collector pursuant to the Maine Revised 
Statutes, Title 36, section 709, the municipal assessor may commit property taxes on the 
basis of the municipal budget deemed approved under this section.
Sec. 2.  Individual authorization of disbursements by municipal treasurer.  
Notwithstanding the Maine Revised Statutes, Title 30-A, section 5603, subsection 2, 
paragraph A or any other law or municipal charter provision or ordinance to the contrary, 
for the duration of a state of emergency declared by the Governor in accordance with Title 
37-B, section 742 due to the outbreak of COVID-19 and for 30 days following the 
termination of that state of emergency, a municipal treasurer may disburse money on the 
authority of a warrant drawn for that purpose seen and signed individually by a majority of 
the municipal officers outside of a public meeting.
Sec. 3.  Postponement of secret ballot election.  Notwithstanding any law or 
municipal charter provision or ordinance to the contrary, during calendar year 2021, the 
municipal officers may postpone the date of a scheduled municipal secret ballot election 
when nomination papers have already been issued or filed by posting notice in a 
conspicuous public location at least 2 days prior to the date of the election. The notice must 
be signed by a majority of the municipal officers and must either:
1.  State a specific date and time during which the polls will be open to complete the 
election; or
2.  State that the date of a rescheduled election will be determined by the municipal 
officers.
The rescheduled election must be noticed by a warrant calling the election that is 
approved and posted pursuant to the Maine Revised Statutes, Title 30-A, section 2523 at 
least 7 days prior to the date of the rescheduled election.
If ballots have been printed for the postponed election, the municipality may use those 
ballots despite inclusion of the original election date. If absentee ballots have been issued 
and returned, the municipality shall use the ballots printed for the originally scheduled 
election. The municipal clerk shall safeguard and secure any absentee ballots already 
returned until the date of the rescheduled election and shall process them as required by the 
Maine Revised Statutes, Title 21-A. During the interim period between the originally 
scheduled election and rescheduled election, the clerk may continue to issue and accept 
absentee ballots and applications and allow voting in the presence of the clerk pursuant to 
Title 21-A.
A municipal secret ballot referendum election is subject to the same rescheduling, 
ballot and absentee ballot provisions as set forth in this section.
Sec. 4.  Referendum vote hearing requirement.  The hearing required by the 
Maine Revised Statutes, Title 30-A, section 2528, subsection 5 or municipal charter before 
a referendum vote may be conducted via remote means following the requirements 
established for remote board meetings in Public Law 2019, chapter 617, Part G.
Sec. 5.  Secret ballot election.  Notwithstanding any law or municipal charter 
provision to the contrary, the Maine Revised Statutes, Title 30-A, section 2528, subsection 
is suspended to allow the municipal officers of a municipality that has not voted to accept 
secret ballot voting to nevertheless do so during the state of emergency declared by the 
Governor in accordance with Title 37-B, section 742 due to the outbreak of COVID-19.  
Elected officials in those municipalities may remain in office until an election pursuant to 
Title 30-A, section 2525.
Sec. 6.  Referendum wording deadline.  The requirement in the Maine Revised 
Statutes, Title 30-A, section 2528, subsections 4 and 5 that municipal officers file with the 
clerk an order establishing the wording of a referendum question by the 60th day before a 
referendum election is suspended and modified to provide for such filing by the 30th day 
before the referendum.
Sec. 7.  Written ballot exception.  Solely to the extent that the Maine Revised 
Statutes, Title 30-A, section 5721-A, subsection 7, paragraph A requires a written ballot to 
exceed or increase the property tax levy limit at an open town meeting held in compliance 
with relevant gathering limits, it is suspended in favor of either a show of hands or a voice 
vote during the state of emergency declared by the Governor in accordance with Title 37-B, 
section 742 due to the outbreak of COVID-19.
Sec. 8.  Retroactivity; repeal.  This Act applies retroactively to January 15, 2021 
and is repealed January 15, 2022.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill:
1.  Deems approved a municipal budget that was approved or deemed approved in the 
prior year if an annual budget meeting is delayed beyond the date an annual budget is 
customarily submitted to a legislative body of a municipality for approval due to public 
health concerns arising from COVID-19;
2.  Permits municipal assessors to commit property taxes on the basis of a municipal 
budget deemed approved;
3.  Permits a municipal treasurer to disburse money on the authority of a warrant drawn 
for that purpose seen and signed individually by a majority of the municipal officers outside 
of a public meeting, notwithstanding the Maine Revised Statutes, Title 30-A, section 5603, 
subsection 2, paragraph A or any other law or municipal charter provision or ordinance to 
the contrary, for the duration of the state of emergency declared by the Governor due to the 
outbreak of COVID-19 and for 30 days following its termination;
4.  Permits municipal officers during the calendar year 2021 to postpone the date of a 
scheduled secret ballot election for which nomination papers have already been issued or 
filed by posting notice in a conspicuous public location at least 2 days prior to the date of 
the election.  The notice must be signed by a majority of the municipal officers and must 
either state a specific date and time during which the polls will be open to complete the 
election or state that the date of a rescheduled election will be determined by the municipal 
officers;
5.  Provides that any secret ballot election rescheduled under this Act must be noticed 
by a warrant calling the election that is approved and posted pursuant to Title 30-A, section 
2523 at least 7 days prior to the date of the rescheduled election;
6.  Permits municipalities to use ballots that were printed for a postponed secret ballot 
election despite the inclusion of the original election date;
7.  Requires municipalities to use ballots that were printed for an originally scheduled 
secret ballot election if absentee ballots have been issued and returned;
8.  Requires a municipal clerk to safeguard and secure any absentee ballots already 
returned until the date of a rescheduled secret ballot election and process them as required 
by Title 21-A;
9.  Permits a municipal clerk to issue and accept absentee ballots and applications and 
to allow voting in the presence of the clerk pursuant to Title 21-A during the period between 
the originally scheduled secret ballot election and the rescheduled secret ballot election;
10.  Applies the rescheduling, ballot and absentee ballot provisions of this Act to 
municipal secret ballot referendum elections;
11.  Permits a hearing required by Title 30-A, section 2528, subsection 5 or municipal 
charter before a referendum vote to be held via remote means;
12.  Suspends Title 30-A, section 2528, subsection 1 to allow the municipal officers of 
any municipality that has not voted to accept secret ballot voting to do so during the state 
of emergency and allows elected officials in those municipalities to remain in office until 
an election is called pursuant to Title 30-A, section 2525;
13.  Permits a municipal officer to file with the clerk an order establishing the wording 
of any referendum question by the 30th day before a referendum election, notwithstanding 
Title 30-A, section 2528, subsections 4 and 5;
14.  Suspends during the state of emergency the requirement under Title 30-A, section 
5721-A, subsection 7, paragraph A for a written ballot to exceed or increase the property 
tax levy at an open town hall meeting and permits the use of either a show of hands or a 
voice vote; and
15.  Applies retroactively to January 15, 2021 and is repealed on January 15, 2022 and, 
in view of the emergency cited in the Act, takes effect when approved.