New Requirements for Local Petitions

Training for: Legal Notes

We learned recently that amendments made by the Legislature last year to Title 21-A governing the circulation of state voter petitions have also effectively altered the requirements for circulating local voter petitions under Title 30-A and under municipal charters (see PL 2015, c. 99, § 1, amending 21-A M.R.S.A. § 903-A, which has long been incorporated by reference in 30-A M.R.S.A. § 2504 to govern the circulation of local petitions). These changes took effect on May 24, 2015.

The upshot is that now the circulator of a local voter petition must (1) be a Maine resident and registered voter somewhere in this state, (2) personally witness all signatures to the petition, and (3) verify this by a circulator’s affidavit (a statement signed and sworn before a notary).

Also, the petition must include, along with the voter’s signature, the voter’s printed name, street address and municipality of residence.

If a petition fails to meet any of these requirements, it is invalid and cannot be certified by the municipal clerk or registrar of voters as legally sufficient. As a result, the petition will have no legally binding effect.

It is unclear whether the Legislature intended to alter the requirements for local petitions, but the linkage between Title 21-A and Title 30-A (see above) nevertheless has this effect.

It’s noteworthy that nothing in the new law requires local officials to prepare petition blanks, and we generally discourage them from doing so unless required by applicable law (see “Should Office Staff Help Draft Petitions?,” Maine Townsman, Legal Notes, April 2014).

It’s also noteworthy that local nomination papers are not subject to these requirements unless imposed by municipal charter.

Prior Legal Notes on petitions, including “Voter Petitions: A Primer,” Maine Townsman, February 2010, and “Voter Petitions: What’s a Reasonable Refusal?,” Maine Townsman, March 2010, should be read as being revised by this article.

For a more detailed explanation of these changes, see Supplement #1 (February 2016) to MMA’s Town Meeting & Elections Manual, available free to members at www.memun.org. (By R.P.F.)

We learned recently that amendments made by the Legislature last year to Title 21-A governing the circulation of state voter petitions have also effectively altered the requirements for circulating local voter petitions under Title 30-A and under municipal charters (see PL 2015, c. 99, § 1, amending 21-A M.R.S.A. § 903-A, which has long been incorporated by reference in 30-A M.R.S.A. § 2504 to govern the circulation of local petitions). These changes took effect on May 24, 2015.

The upshot is that now the circulator of a local voter petition must (1) be a Maine resident and registered voter somewhere in this state, (2) personally witness all signatures to the petition, and (3) verify this by a circulator’s affidavit (a statement signed and sworn before a notary).

Also, the petition must include, along with the voter’s signature, the voter’s printed name, street address and municipality of residence.

If a petition fails to meet any of these requirements, it is invalid and cannot be certified by the municipal clerk or registrar of voters as legally sufficient. As a result, the petition will have no legally binding effect.

It is unclear whether the Legislature intended to alter the requirements for local petitions, but the linkage between Title 21-A and Title 30-A (see above) nevertheless has this effect.

It’s noteworthy that nothing in the new law requires local officials to prepare petition blanks, and we generally discourage them from doing so unless required by applicable law (see “Should Office Staff Help Draft Petitions?,” Maine Townsman, Legal Notes, April 2014).

It’s also noteworthy that local nomination papers are not subject to these requirements unless imposed by municipal charter.

Prior Legal Notes on petitions, including “Voter Petitions: A Primer,” Maine Townsman, February 2010, and “Voter Petitions: What’s a Reasonable Refusal?,” Maine Townsman, March 2010, should be read as being revised by this article.

For a more detailed explanation of these changes, see Supplement #1 (February 2016) to MMA’s Town Meeting & Elections Manual, available free to members at www.memun.org. (By R.P.F.)