MAINE

Maine has indirect statutory initiatives (but not constitutional initiatives), veto referendums, and legislatively referred amendments. For the indirect statutory initiative, if the legislature does not enact the voters’ proposal, the legislature may submit to voters a different measure on the same subject alongside it. While initiatives and legislatively referred amendments must be referred to the people in November elections, veto referendums may be submitted at any statewide election that takes place at least 60 days following a gubernatorial proclamation of the election. The ballot for any of these measures generally must contain similar information, with variation as to who prepares the language. Maine law sets forth detailed standards for judicial review of initiatives and veto referendum ballots; while no explicit provision is made for judicial review of legislatively referred amendments, review maybe be available under other channels, such as petitions for declaratory and/or injunctive relief.

BACKGROUND INFORMATION

What forms of direct democracy are available, and when?

Statewide Ballot Measures in Maine

Maine has indirect statutory voter initiatives (including legislative alternatives), veto referendums, and legislatively referred amendments.

√ Initiatives – Statutory (Indirect)

The people of Maine have the power to propose a statute to the legislature via initiative petition. If the legislature fails to enact the proposal without change, it is submitted to the voters. Me. Const. art. IV, pt. 3, §§ 18(1)–(2), 19.

The legislature may offer an amended or substitute proposal (a.k.a., “legislative alternative” measure). If so, both measures are submitted to voters “in such manner that the people can choose between the competing measures or reject both.” Id. sub. (2).

X Initiatives – Constitutional

√ Veto Referendums

Mainers have the referendum power to demand that any non-emergency act of the legislature, or any part thereof, be referred to the voters for their approval or rejection. Me. Const. art. IV, pt. 3, §§ 16–17, 19.

√ Legislatively Referred Amendments

An amendment to the state constitution proposed by the legislature must be approved by Maine voters. Me. Const. art. X, § 4.

Election Timing

The timing of an election may depend on the kind of ballot measure. While initiatives and legislatively referred amendments must be referred to the people in November elections, veto referendums may be submitted at any statewide election to take place at least 60 days following a gubernatorial proclamation of the election.

• For an initiative, the Governor must order that any measure timely submitted to the legislature, and not enacted by the legislature without change must be “referred to the people at an election to be held in November of the year in which the petition is filed.” Const. art. IV, pt. 3, § 18(3). If the Governor fails to make such proclamation, the Secretary of State must do so. Id.
  • If the initiative is submitted to voters with a legislative alternative, and neither the initiative nor the legislative alternative receives a majority of the total votes cast on both, but one of them receives more than 1/3 of the votes, the proposal receiving more votes must be submitted by itself at “the next statewide election to be held not less than 60 days after the first vote.” Id. (2).
• For a veto referendum, the petition must be filed by the ninetieth day after the legislative recess. The Governor must issue a proclamation giving notice of the election, “which shall be at the next statewide or general election, whichever comes first, not less than 60 days after such proclamation.” Me. Const. IV, pt. 3, § 17(3).
  • If a statute passed via voter initiative is subjected to a veto referendum, the Legislature may order a special election. art. IV, pt. 3, § 18(2).
• A legislatively referred amendment must first be approved by 2/3 of both Houses of the legislature and is then referred to an “election of Senators and Representatives” on the Tuesday after the first Monday in November following the passage of the legislative resolution. Const. art. X, § 4.

BALLOT PREPARATION

What is included on the ballot, and who prepares it?

The ballot for a statewide ballot measure in Maine must contain the following. Ballot requirements vary slightly depending on the kind of ballot measure.

• A ballot question. The entity responsible for preparing the question varies depending on the type of ballot measure.
  • For an initiative or veto referendum, the ballot question is prepared by the Secretary of State. Me. Stat. tit. 21-A ,§§ 901(4), 905-A. The question must be written “in a clear, concise, and direct manner that describes the subject matter” of the measure as simply as possible. § 906(6)(B); see also Me. Const. art. IV, pt. 3, § 20.
    • (For initiatives only)
      • The ballot question must be phrased so an affirmative vote is a vote in favor of the initiative. Me. Stat. tit. 21-A, 906(6)(C).
      • The Secretary of State must provide a 30-day period for public comment on a proposed ballot question, which is posted online and published in newspapers. See id. 905-A.
      • For a legislative alternative that is submitted to voters alongside an initiative, the Supreme Judicial Court of Maine has held the legislature has the authority to formulate a ballot question. See Lockman v. Sec’y of State, 684 A.2d 415 (Me. 1996) (holding that legislatively-drafted ballot question was not misleading).
  • For a legislatively referred amendment, Maine statutes do not specify that the ballot question must be prepared by the Secretary of State. See, e.g., Stat. tit. 21-A, § 906(6)(A). The state high court has held the legislature has the authority to formulate the ballot question for a legislatively referred amendment. See Lockman, 415 A.2d at 418–19.
• A fiscal impact estimate prepared by the Office of Fiscal and Program Review. Me. Stat. tit. 1, § 353.
  • The estimate must summarize the measure’s impact on state revenues, appropriations, and allocations, including its aggregate impact on various state funds and amounts to be distributed by the State to local governments. See id.
• (For a veto referendum or legislatively referred amendment)
  • The Secretary of State must include portions of an explanatory statement prepared by the Attorney General describing what a “yes” vote favors and what a “no” vote opposes. See Stat. tit. 1, § 353. These statements must appear directly below the ballot question. Id. tit. 21-A, § 906(8).
  • Referendum questions may be printed on the same or a separate ballot, as determined by the Secretary of State. Id. sub. (1-A).

INFORMATION TO VOTERS

What information is provided to voters before the election, and how?

Publication

X Maine law does not generally require that information about veto referendums be published in newspapers or similar media, beyond the required voter information pamphlet (discussed below). 

X The Maine Constitution suggests that inhabitants must be notified of a resolution proposing a legislatively referred amendment. See Maine Const. art. X, § 4. However, Maine law does not require that information about proposed constitutional amendments be published in newspapers or similar media, beyond the required voter information pamphlet (discussed below).

• For initiatives, the Secretary of State may publish a proposed ballot question for one day in newspapers with general circulation in the state. Stat. tit. 21-A, § 905-A. In addition, a public hearing is held by the joint standing committee of the legislature having jurisdiction over the subject matter, or a special committee established for that purpose by the Legislative Council. Id. § 907. The requirement to hold a public hearing may be waived by a vote of 2/3 of the legislature. Id.

Voter Information Pamphlet
For any state ballot measure that may be presented to the people—whether an initiative, veto referendum, or legislatively referred amendment—the Secretary of State must prepare a voter information pamphlet to include the following information. The pamphlet is published online and distributed to municipalities. Me. Stat. tit. 1, § 354.

• An explanatory statement prepared by the Attorney General with the assistance of the Secretary of State. § 353.
  • This statement that must “fairly describe the intent and content and what a ‘yes’ vote favors and a ‘no’ vote opposes.” As noted above, this statement is included on the ballot for veto referendums and legislatively referred amendments (but not for initiatives).
• The fiscal impact estimate prepared by the Office of Fiscal and Program Review, which is also included on the official ballot.
• Public comments submitted by proponents and opponents. § 354.
  • A person filing a public comment for publication must pay a $500 fee and must comply with other rules set forth by the Maine Secretary of State, including word limit requirements. ; see also 29-250-520 Me. Code R. § 1.

JUDICIAL REVIEW

When and how can the court step in?

• Maine statutes provide that persons listed in the application for a petition for an initiative or veto referendum may appeal any decision of the Secretary of State, including decisions regarding ballot questions. See, e.g., Stat. tit. 21-A, § 901(7). In addition, for initiatives, any voter aggrieved by the final ballot question prepared by the Secretary of State may appeal it using procedures that may also be used to challenge determinations as to the validity of petition signatures. Id. §§ 905-A, 905.

Actions must commence in the Superior Court within ten days of the Secretary of State’s decision. The lower court is to “determine whether the description of the subject matter is understandable to a reasonable voter reading the question for the first time and will not mislead a reasonable voter who understands the proposed legislation into voting contrary to that voter’s wishes.” Id. § 905(2).

Any aggrieved party may appeal the Superior Court’s decision to the Supreme Judicial Court within three days of the lower court’s decision. Id. sub. (3). The high court must issue its decision within 30 days of the Superior Court’s decision. Id. When reviewing a ballot question, the Maine Supreme Judicial Court considers whether the question is misleading to voters. See generally Olson v. Sec’y of State, 689 A.2d 605 (Me. 1997).

Sample case: Jortner v. Sec’y of State, 293 A.3d 405 (Me. 2023) (use of the term “quasi-governmental” in the ballot question resulted in the question not being understandable to a reasonable voter reading the question for the first time, and thus ballot question did not satisfy statutory requirement).

• With respect to legislatively referred amendments, Maine law does not explicitly provide for judicial review of ballot measure language or related materials, but review maybe be available under other channels, such as petitions for declaratory and/or injunctive relief. See, e.g., Lockman v. Secy of State, 684 A.2d 415 (Maine 1996) (holding in a pre-election challenge that a legislatively-drafted ballot question for a competing measure to a citizen initiative was not misleading).