An Act to Replace Participation Thresholds with Approval
Maine Legislature, Session 132, LD 1517
Committee: State and Local Government
Sponsors: SATO
Amends: 20-A MRSA §1466, 20-A MRSA §1704, 20-A MRSA §15693, 30-A MRSA §125, 30-A MRSA §2105, 30-A MRSA §2526, 30-A MRSA §5102, 30-A MRSA §5404, 30-A MRSA §7209, 35-A MRSA §3903, 35-A MRSA §3904, 38 MRSA §1101, 38 MRSA §2002

Legislative Document
No. 1517
H.P. 1002
House of Representatives, April 8, 2025
An Act to Replace Participation Thresholds with Approval 
Thresholds in Certain School, Municipal and County Measures
Reference to the Committee on State and Local Government suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SATO of Gorham.
Cosponsored by Representatives: BRIDGEO of Augusta, DEBRITO of Waterville, DHALAC 
of South Portland, MURPHY of Scarborough.
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 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.  20-A MRSA §1466, sub-§13, as amended by PL 2013, c. 461, §6, is further 
amended to read:
13.  Determination of results; execution of agreement.  Except for a school 
administrative district that was reformulated as a regional school unit pursuant to Public 
Law 2007, chapter 240, Part XXXX, section 36, subsection 12, as amended by Public Law 
2007, chapter 668, section 48, if the commissioner finds that a majority of the voters voting 
on the article has voted in the affirmative and the total number of votes cast for and against 
the article equal or exceed 50% 25% of the total number of votes cast in the municipality 
for Governor at the last gubernatorial election, the commissioner shall notify the municipal 
officers and the regional school unit board to take steps for the withdrawal in accordance 
with the terms of the agreement for withdrawal.  For a municipality that is part of a school 
administrative district that was reformulated as a regional school unit pursuant to Public 
Law 2007, chapter 240, Part XXXX, section 36, subsection 12, as amended by Public Law 
2007, chapter 668, section 48, if the commissioner finds that at least 2/3 of the votes validly 
cast in the municipality are in the affirmative, the commissioner shall notify the municipal 
officers and the regional school unit board to take steps for the withdrawal in accordance 
with the terms of the agreement for withdrawal.
Sec. 3.  20-A MRSA §1704, sub-§2, ¶C, as amended by PL 2001, c. 375, §5, is 
further amended to read:
C.  Municipal approval must be in the same manner as the original formula was adopted 
when the community school district was formed, except that, if the proposed change is 
an alternative cost-sharing plan under subsection 1, paragraph E, the change must be 
approved by a majority of voters voting in a referendum in each municipality.  The 
total vote cast in favor of the referendum in each of the member municipalities must 
be at least 20% exceed 10% of the number of votes cast in each of the member 
municipalities in the last gubernatorial election.
Sec. 4.  20-A MRSA §15693, sub-§3, ¶A, as enacted by PL 2005, c. 2, Pt. D, §62 
and affected by §§72 and 74 and c. 12, Pt. WW, §18, is amended to read:
A.  Except as provided in subsection 4, the budget format is that prescribed by a 
majority of the school board until an article prescribing the school budget format is 
approved by a majority of voters in an election in which the total vote is at least 20% 
number of votes in favor exceeds 10% of the number of votes cast in the municipality 
in the last gubernatorial election, or 200 100, whichever is less.
Sec. 5.  20-A MRSA §15693, sub-§4, as enacted by PL 2005, c. 2, Pt. D, §62 and 
affected by §§72 and 74 and c. 12, Pt. WW, §18, is amended to read:
4.  Budget format; town or city charter.  In a municipality where the responsibility 
for final adoption of the school budget is vested by municipal charter in a council, the 
school budget format may be changed through amendment of the charter under the home 
rule procedures of Title 30‑A, chapter 111, except that the amendment must be approved 
by a majority of voters in an election in which the total vote is at least 20% number of votes 
in favor exceeds 10% of the number of votes cast in the municipality in the last 
gubernatorial election.
Sec. 6.  30-A MRSA §125, sub-§1, ¶B, as amended by PL 2007, c. 321, §1, is 
further amended by amending subparagraph (1) to read:
(1)  All bonds issued by the county commissioners for the purposes of this section 
must be approved by a majority vote of the county budget committee or county 
advisory budget committee.  All bonds must be approved prior to issuance by the 
voters of the county by referendum vote in accordance with section 938, except 
that a referendum for this purpose may be conducted at any regular or special 
county election at which the total number of votes cast for and against the proposed 
bond issue is equal to at least 50% exceeds 25% of the total number of votes cast 
in the county for all gubernatorial candidates in the most recent gubernatorial 
election.
Sec. 7.  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 of the ballots cast on any question under subsection 1 
or 2 favor acceptance, the new charter, charter revision, charter modification or charter 
amendment becomes effective as provided in this subsection, provided as long as the total 
number of votes cast for and against the question equals or exceeds 30% 15% of the total 
votes cast in the municipality 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. 8.  30-A MRSA §2526, sub-§5, ¶A, as amended by PL 2021, c. 275, §28, is 
further amended to read:
A.  A town may determine at a meeting of its legislative body held at least 90 days 
before the annual meeting whether a single assessor will be appointed under 
subparagraph (3) or a board of 3, 5 or 7 will be elected and the term of office of the 
assessor or assessors.  In towns where the municipal legislative body is the town 
meeting, the determination is effective only if the total number of votes cast for and 
against the determination equals or exceeds 10% 5% of the number of votes cast in the 
town at the last gubernatorial election.
(1)  Once a determination has been made, it stands until revoked at a meeting held 
at least 90 days before the annual meeting.
(2)  If a town fails to fix the number, 3 shall be elected. If a town fails to fix the 
term, it is for one year.
(3)  When a town has chosen a single assessor under this paragraph, the select 
board shall appoint the assessor for a term not exceeding 5 years.
Sec. 9.  30-A MRSA §5102, sub-§3, 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:
3.  Favorable vote.  If a majority of the ballots cast on this question favor acceptance, 
this law becomes effective immediately upon declaration of the vote by the municipal 
officers, provided as long as the total number of votes cast for and against the acceptance 
of the Act equals or exceeds 20% 10% of the total votes cast in the municipality for all 
candidates for Governor at the last gubernatorial election.
Sec. 10.  30-A MRSA §5404, sub-§1, ¶A, as amended by PL 2011, c. 255, §10, is 
further amended to read:
A.  Revenue bonds of a town, as distinguished from a city, may not be issued until the 
general purpose for which the bonds are to be issued and the maximum principal 
amount of the bonds to be authorized have been approved by ballot by a majority of 
the votes cast on the question.  The total number of votes cast for the bond must be 
equal to at least 20% exceed 10% of the total vote for all candidates for Governor cast 
in the municipality at the last gubernatorial election.  The ballot submitted to the voters 
of a town to authorize the issuance of revenue bonds must state the general purpose for 
which the proposed bonds are to be issued and the maximum principal amount of the 
proposed bonds authorized to be issued.  The voting at meetings held in towns must be 
held and conducted in accordance with sections 2528 to 2531‑B, even if the town has 
not accepted the provisions of section 2528.
Sec. 11.  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 voting in the 
general election and the total number of votes cast for and against 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.
Sec. 12.  35-A MRSA §3903, sub-§4, as enacted by PL 1987, c. 141, Pt. A, §6, is 
amended to read:
4.  Favorable vote.  If a majority of the legal votes cast on this question favor 
incorporation, a municipal power district may be created for that municipality under this 
chapter upon declaration of the vote by the municipal officers, provided that as long as the 
total number of votes cast for and against the incorporation equals or exceeds 40% 20% of 
the total votes cast in that municipality for all candidates for Governor at the previous 
gubernatorial election.  If not, the proposed district is not created at that time.  Upon 
certification of a favorable vote by the municipal officers, the commission shall approve 
formation of the district if the commission finds that formation would be in conformance 
with the requirements of this Title.  Upon approval by the commission, the district is created 
and the commission shall file certification of that approval with the Secretary of State.
Sec. 13.  35-A MRSA §3904, sub-§4, as enacted by PL 1987, c. 141, Pt. A, §6, is 
amended to read:
4.  Favorable vote.  If, in each municipality, a majority of the legal votes cast on this 
question favor incorporation, a municipal power district may be created for those 
municipalities under this chapter upon declaration of the vote of the municipal officers, 
provided that as long as the total number of votes cast in each municipality for and against 
the incorporation equals or exceeds 40% 20% of the total votes cast in the municipality for 
all candidates for Governor at the previous gubernatorial election.  Upon certification of a 
favorable vote by the municipal officers, the commission shall approve formation of the 
district if the commission finds that formation would be in conformance with the 
requirements of this Title.  Upon approval by the commission, the district is created and 
the commission shall file certification of that approval with the Secretary of State.
Sec. 14.  38 MRSA §1101, sub-§1-A, as enacted by PL 1981, c. 466, §2, is amended 
by amending the 2nd blocked paragraph to read:
If the referendum question is approved by a majority of the legal voters voting at the 
election, provided that as long as the total number of votes cast for and against the 
referendum question equaled or exceeded 20% 10% of the total number of votes cast in the 
proposed district in the last gubernatorial election, the municipal officers representing the 
residents of the proposed sanitary district shall file an application for that proposed district 
in accordance with subsection 1.
Sec. 15.  38 MRSA §2002, sub-§2, as amended by PL 1993, c. 721, Pt. E, §3 and 
affected by Pt. H, §1, is further amended by amending the 2nd blocked paragraph to read:
If the referendum question is approved by a majority of the legal voters voting at the 
election, provided that as long as the total number of votes cast for and against the 
referendum question equals or exceeds 20% 10% of the total number of votes cast in the 
proposed district in the last gubernatorial election, the municipal officers representing the 
residents of the proposed watershed district shall file a statement of intent to form the 
proposed district in accordance with subsection 1.
SUMMARY
Current law requires the total number of votes cast for certain school, municipal or 
county measures to be at least equal to or exceed a percentage of votes cast in the 
municipality or county, as relevant, in the last gubernatorial election in order for the result 
of the vote to be valid.  This bill reduces the needed percentage of votes cast in the last 
gubernatorial election for the result to be considered valid but requires that percentage to 
be in favor of the measure being considered.