§905. Review of initiative and referendum petitions
1.Secretary of State. The Secretary of State shall review all petitions filed in the Department of the Secretary of State for a people's veto
referendum under the Constitution of Maine, Article IV, Part Third, Section 17, or for a direct initiative under the Constitution
of Maine, Article IV, Part Third, Section 18.
The Secretary of State shall determine the validity of the petition and issue a written decision stating the reasons for the
decision within 30 days after the final date for filing the petitions in the Department of the Secretary of State under the
Constitution of Maine, Article IV, Part Third, Section 17 or 18.
[
1993, c. 352, §2 (RPR)
.]
2.Superior Court. Any voter named in the application under section 901, or any person who has validly signed the petitions, if these petitions
are determined to be invalid, or any other voter, if these petitions are determined to be valid, may appeal the decision of
the Secretary of State by commencing an action in the Superior Court. This action shall be conducted in accordance with the
Maine Rules of Civil Procedure, Rule 80C, except as modified by this section. In reviewing the decision of the Secretary of
State, the court shall 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 his wishes. This action must be commenced within 5 days of the date of the decision of the Secretary of State
and shall be tried, without a jury, within 15 days of the date of that decision. Upon timely application, anyone may intervene
in this action when the applicant claims an interest relating to the subject matter of the petitions, unless the applicant's
interest is adequately represented by existing parties. The court shall issue its written decision containing its findings
of fact and stating the reasons for its decision within 30 days of the commencement of the trial or within 45 days of the
date of the decision of the Secretary of State, if there is no trial.
[
1987, c. 119, §1 (AMD)
.]
3.Supreme Judicial Court. Any aggrieved party may appeal the decision of the Superior Court, on questions of law, by filing a notice of appeal within
3 days of that decision. The appellant must file the required number of copies of the record with the clerk within 3 days
after filing notice of appeal. After a notice of appeal is filed, the parties have 10 days to file briefs with the clerk of
courts. As soon as the record and briefs have been filed, the court shall immediately consider the case. The standard of
review shall be the same as for the Superior Court. The court shall issue its decision within 30 days of the date of the
decision of the Superior Court.
[
1987, c. 119, §1 (AMD)
.]
SECTION HISTORY
1985, c. 161, §6 (NEW).
1987, c. 119, §1 (AMD).
1993, c. 352, §2 (AMD).
Data for this page extracted on 02/10/2010 01:40:23.