Maine, USA, regional Popular or citizen-initiated referendum [PCR] - People's veto

General Typology

Instrument
Popular or citizen-initiated referendum [PCR]
Location
Maine, USA
Political level
regional
Local Name:
People's veto
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Maine Constitution, Article IV, Section 17
1. Petition procedure; petition for people's veto. Upon written petition of electors, the number of which shall not be less than 10% of the total vote for Governor cast in the last gubernatorial election preceding the filing of such petition, and addressed to the Governor and filed in the office of the Secretary of State by the hour of 5:00 p.m., on or before the 90th day after the recess of the Legislature, or if such 90th day is a Saturday, a Sunday, or a legal holiday, by the hour of 5:00 p.m., on the preceding day which is not a Saturday, a Sunday, or a legal holiday, requesting that one or more Acts, bills, resolves or resolutions, or part or parts thereof, passed by the Legislature but not then in effect by reason of the provisions of the preceding section, be referred to the people, such Acts, bills, resolves, or resolutions or part or parts thereof as are specified in such petition shall not take effect until 30 days after the Governor shall have announced by public proclamation that the same have been ratified by a majority of the electors voting thereon at a statewide or general election.
[...]

Source: Constitution of the State of Maine (retrieved 21 June 2017)

Subject Matter:

Repealing laws or parts of laws via referendum

Actors

Author:
Citizen
Initiator:
Electorate : 10% of the number of voters in the last gubernatorial election
Decision maker:
Electorate

Requirements

Number Of Signatures:
10% of the total number of voters in the last gubernatorial election
Available Time:
90 days
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
Legal source does not mention approval quorum
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:
Other Formal Requirements:

Maine Revised Statutes, Title 21-A, Section 901
[...] The application must contain the names, addresses and signatures of 5 voters, in addition to the applicant, who are designated to receive any notices in proceedings under this chapter. For a direct initiative, the application must contain the full text of the proposed law and a summary that explains the purpose and intent of the direct initiative. [...]

Source: Constitution of the State of Maine (retrieved 21 June 2017)

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

Maine Constitution, Article IV, Section 20
[...] "circulator" means a person who solicits signatures for written petitions, and who must be a resident of this State and whose name must appear on the voting list of the city, town or plantation of the circulator's residence as qualified to vote for Governor; "written petition" means one or more petitions written or printed, or partly written and partly printed, with the original signatures of the petitioners attached, verified as to the authenticity of the signatures by the oath of the circulator that all of the signatures to the petition were made in the presence of the circulator and that to the best of the circulator's knowledge and belief each signature is the signature of the person whose name it purports to be, and accompanied by the certificate of the official authorized by law to maintain the voting list or to certify signatures [...]

Source: Constitution of the State of Maine (retrieved 21 June 2017)

Wording Of Ballot Question:

Maine Constitution, Article IV, Section 20
[...] The full text of a measure submitted to a vote of the people under the provisions of the Constitution need not be printed on the official ballots, but, until otherwise provided by the Legislature, the Secretary of State shall prepare the ballots in such form as to present the question or questions concisely and intelligibly.

Maine Revised Statutes, Title 21-A, Section 906
6. [...] A. The Secretary of State shall advise petitioners that the proper suggested format for an initiative question is a separate question for each issue. [...]
B. The Secretary of State shall write the question in a simple, clear, concise and direct manner that describes the subject matter of the people's veto or direct initiative.
C. The question must be phrased so that an affirmative vote is in favor of the people's veto or direct initiative.
D. If the Legislature adopts a competing measure, the ballot must clearly designate the competing question and legislation as a competing measure and allow voters to indicate whether they support the direct initiative, support the competing measure or reject both.
E. If there is more than one direct initiative referendum on the same general subject, the Secretary of State shall write the questions in a manner that describes the differences between the initiatives.
6-A. Wording of referendum questions enacted by the Legislature. The proper format for a statutory referendum enacted by the Legislature is a separate question for each issue. [...]

Source: Constitution of the State of Maine (retrieved 21 June 2017) and Maine Revised Statutes (retrieved 21 June 2017)

Interaction With Authorities:

Maine Constitution, Article IV, Section 17
[...]
3. Referral to electors; proclamation by Governor. As soon as it appears that the effect of any Act, bill, resolve, or resolution or part or parts thereof has been suspended by petition in manner aforesaid, the Governor by public proclamation shall give notice thereof and of the time when such measure is to be voted on by the people, which shall be at the next statewide or general election, whichever comes first, not less than 60 days after such proclamation. [...]

Maine Revised Statutes, Title 1, Section 353
With the assistance of the Secretary of State, the Attorney General shall prepare a brief explanatory statement that must fairly describe the intent and content and what a "yes" vote favors and a "no" vote opposes for each direct initiative, bond issue, constitutional resolution or statewide referendum that may be presented to the people. The Office of Fiscal and Program Review shall prepare an estimate of the fiscal impact on state revenues, appropriations and allocations of each measure that may appear on the ballot [...]

Source: Constitution of the State of Maine (retrieved 21 June 2017) and Maine Revised Statutes (retrieved 21 June 2017)

Supervision And Support:

Maine Constitution, Article IV, Section 20
[...] The oath of the circulator must be sworn to in the presence of a person authorized by law to administer oaths. [...] Written petitions for a direct initiative pursuant to Article IV, Part Third, Section 18 must be submitted to the appropriate officials of cities, towns or plantations, or state election officials as authorized by law, for determination of whether the petitioners are qualified voters by the hour of 5:00 p.m., on the 10th day before the petition must be filed in the office of the Secretary of State [...] Such officials must complete the certification of only those petitions submitted by these deadlines and must return them to the circulators or their agents within 2 days for a petition for a people's veto and within 5 days for a petition for a direct initiative [...]

Source: Constitution of the State of Maine (retrieved 21 June 2017)

Transparency And Finance:

"Petition organizations" must register with the Secretary of State

Source: Maine Revised Statutes, Title 21-A, Section 903-C (retrieved 21 June 2017)

Practice

Archive:
Remarks: