An Act to Validate Certain Referendum Proceedings Conducted by
Maine Legislature, Session 132, LD 1483
Committee: State and Local Government
Sponsors: CARNEY, DHALAC

Legislative Document
No. 1483
S.P. 601
In Senate, April 3, 2025
An Act to Validate Certain Referendum Proceedings Conducted by 
the City of South Portland
(AFTER DEADLINE)
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on State and Local Government suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CARNEY of Cumberland.
Cosponsored by Representative DHALAC of South Portland and
Representatives: BECK of South Portland, KESSLER of South Portland.
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 City of South Portland is authorized pursuant to state law and its charter 
to borrow money and to issue its general obligation bonds and notes in furtherance of its 
municipal purposes; and 
Whereas, at a city referendum held November 5, 2024, the voters of the city ratified 
and approved 2 bond ordinances, the first for $1,000,000 for school maintenance and 
improvements and the second for $3,000,000 for school safety improvements, all as 
described in the bond ordinances submitted to a referendum vote; and 
Whereas, each bond ordinance was approved by the voters of the city as follows:  
Question 1, school maintenance and improvements:  11,165 in favor and 3,431 against, 
with 608 blank ballots; and Question 2, school safety improvements:  10,584 in favor and 
4,002 against, with 624 blank ballots; and
Whereas, the Maine Revised Statutes, Title 30-A, section 5772, subsection 2-A 
requires that any question submitted to the electors for ratification of a general obligation 
bond be accompanied by a statement signed by the treasurer of the municipality setting 
forth certain information about the municipality's outstanding and unpaid bonds, its 
authorized and unissued bonds and the total principal amount and the interest cost of the 
proposed bonds that are the subject of the referendum vote; and
Whereas, Title 21-A, section 622-A requires that the notice of election contain the 
referendum questions for that election; and 
Whereas, due to inadvertent oversight, although the 2 bond ordinances submitted to 
the voters were accompanied by a statement setting forth the required information about 
the city's bonded debt, the statement was not signed by the treasurer of the city as required 
by Title 30-A, section 5772, subsection 2-A; and 
Whereas, due to the initial delivery to the city by the Secretary of State's office of an 
incorrect form of notice of election, the notice of election used by the city did not contain 
the 2 bond ordinance questions; and 
Whereas, prior to the referendum, the South Portland city council held a first reading, 
a public hearing and a second reading on the 2 bond ordinances, a summary of the 2 bond 
ordinances was posted in the city hall 7 days prior to the public hearing, the South Portland 
school department held a public hearing on the 2 bond ordinances, the municipal clerk 
posted the bond ordinances and the specimen ballots setting forth the referendum questions 
on the bond ordinances in public and conspicuous places in each voting district in the city 
at least 7 days prior to the referendum, and posted this information at each voting place on 
election day, and the municipal clerk published a summary of the 2 bond ordinances in the 
Portland Press Herald not less than 10 days nor more than 15 days prior to the referendum; 
and
Whereas, the failure to include the signed statement required by Title 30-A, section 
5772, subsection 2-A and the failure to include the 2 bond ordinance questions in the notice 
of election create a legal technicality that could affect the marketability of the bonds or 
notes to be issued by the city in connection with the projects; 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.  Validation and authorization.  Notwithstanding any provision of the 
Maine Revised Statutes or the charter of the City of South Portland to the contrary, the City 
of South Portland referendum conducted on November 5, 2024 with respect to the 2 bond 
ordinance questions and the proceedings related to that referendum are validated and made 
effective.  The City of South Portland is authorized to enter into contracts and to issue 
bonds or notes of the city in an amount not to exceed $1,000,000 to finance school 
maintenance and improvements and $3,000,000 to finance school safety improvements, all 
as set forth in the respective bond ordinances.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill validates the referendum conducted in the City of South Portland on 
November 5, 2024.  It authorizes the City of South Portland to enter into contracts and issue 
bonds or notes of the city in an amount not to exceed $1,000,000 to finance school 
maintenance and improvements and $3,000,000 to finance school safety improvements.