Voters of the Town may at any time propose the enactment, by secret ballot referendum, of any lawful ordinance or amendments to existing ordinances by filing a petition stating the complete text of such ordinance, and signed by a number of qualified voters of the Town totaling not less than 10% of the number of qualified voters of the Town who cast votes in the previous gubernatorial election with the Town Clerk. The power of petition, however, shall not extend to ordinances regarding the following matters: the budget, the capital improvement program, appropriation of money, levy of taxes, and personnel matters, including, but not limited to, the appointment and/or removal of Town officers or employees. The Board of Selectmen shall call a public hearing in the manner prescribed in Section 2.13(2), but to be held within 30 days from the date of the certification of such petition by the Town Clerk, and shall within 60 days after said public hearing hold a Special Town Meeting, unless another Town Meeting is already scheduled to occur within 90 days of said public hearing. In this case, the initiative shall be voted upon at the scheduled Town Meeting. If prior to the Town Meeting at which the petition is to be acted upon, such ordinance shall be enacted by the Board of Selectmen in the manner prescribed for ordinances in general, such ordinance shall take effect in the same manner as ordinances of the same kind adopted by the Board of Selectmen, provided a majority of those voting shall have voted in the affirmative.
Any such proposed ordinance shall be examined
by an attorney for the Town before it is submitted to the voters.
The attorney is authorized to correct the form of such proposed ordinance
for the purpose of avoiding repetitions, and to assure accuracy in
its text and references and clarity and precision in its phraseology,
but he/she shall not materially change its meaning and effect. If,
in the opinion of the attorney, the proposed ordinance is illegal
or unconstitutional, it shall not go forward. (State law reference:
30-A M.R.S.A., Meetings and Elections, Chapter 121, § 2522.)
Any proposed ordinance failing enactment by referendum vote may be the subject of a subsequent petition, which, if brought within two years next following the failed vote, shall be governed by the provisions of Section 12.01, except the referendum vote must be held at the next Annual Town Meeting, or at any intervening Special Town Meeting called for any purpose other than the petition itself, provided the petition is filed with the Town Clerk at least 90 days prior to the date of such Town Meeting.
If, within 30 days after the enactment of any
ordinance by the Board of Selectmen, a petition signed by a number
of qualified voters of the Town totaling not less than 5% of the number
of qualified voters of the Town who cast votes in the previous gubernatorial
election is filed with the Town Clerk requesting its reference to
a referendum, the Board of Selectmen shall call a public hearing to
be held within 30 days from the date of the certification of a petition
requesting such action to be taken with the Town Clerk, and shall,
within 14 days after said public hearing set a date for a Special
Town Meeting for the purposes of submitting to a referendum vote the
question of repealing such ordinance. The referred ordinance shall
be suspended upon certification of the petition by the Town Clerk,
pending action by the voters of the Town by a majority of the legal
votes cast on said question.
The form of the ballot for the enactment of
the proposed ordinance (or repeal of ordinance) shall be substantially
as follows: Shall the proposed ordinance(or repeal of ordinance) entitled
"___________" be enacted (or repealed)? Yes _______ No _______.
