[HISTORY: Adopted by the City Council of the City of Westbrook
as indicated in article histories. Amendments noted where applicable.]
STATE LAW REFERENCES
Elections generally — 21-A M.R.S.A. § 1
et seq.
Polling times — 21-A M.R.S.A. § 626.
Ballots — 30-A M.R.S.A. §§ 2528,
2529 and 2554.
Warrant — 30-A M.R.S.A. §§ 2523
and 2551.
Election by plurality — 30-A M.R.S.A. § 2555.
Recount — 30-A M.R.S.A. § 2556.
[Adopted as Ch. XXI of the 1942 Code; amended 8-2-1971; 8-8-1977; 8-16-1993 (Ch. 10 of the 2007 Code)]
[Amended 3-21-1994; 4-7-2014; 5-16-2022 by Ord. No. 2022-65]
The division of the City into wards according to the provisions
of the Charter shall be as follows:
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Ward 1
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That area contained within the following boundaries:
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Beginning at the intersection of Bridgton Road and the Westbrook-Portland
municipal line, proceeding northwesterly on Bridgton Road to its intersection
with East Bridge Street; then westerly on East Bridge Street to its
intersection with Bridge Street/Methodist Road; then southerly on
Bridge Street to its intersection with Cumberland Street; then southeasterly
on Cumberland Street to its intersection with Brown Street; then southwesterly
on Brown Street to its intersection with Cottage Place; then southeasterly
to the Presumpscot River; then westerly on the Presumpscot River to
its intersection with Foster Street; then southerly on Foster Street
to its intersection with Main Street; then easterly on Main Street
to its intersection with Capt. Bill Hartley Avenue, continuing southeasterly
on the Westbrook Arterial to its intersection with the Westbrook-Portland
municipal line; then northerly along the Westbrook-Portland municipal
line to the Ward 1 origination point located at the intersection of
Bridgton Road and Westbrook-Portland municipal line.
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Ward 2
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That area contained within the following boundaries:
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Beginning at the intersection of the Westbrook Arterial and
the Westbrook-Portland municipal line, proceeding northwesterly on
the Westbrook Arterial, continuing on Capt. Bill Hartley Avenue to
its intersection with Main Street; then westerly on Main Street to
its intersection with Foster Street; then northerly on Foster Street
to its intersection with the Presumpscot River; then westerly on the
Presumpscot River to its intersection with Vallee Square; then southerly
on Vallee Square to its intersection with Main Street; then easterly
on Main Street to its intersection with Church Street; then southerly
on Church Street to its intersection with Cross Street; then westerly
on Cross Street to its intersection with Brackett Street; then southerly
on Brackett Street to its intersection with Prospect Street; then
westerly on Prospect Street to its intersection with Saco Street;
then southwesterly on Saco Street to its intersection with the Westbrook-Scarborough
municipal line; then easterly along the Westbrook municipal boundary
line with Scarborough, South Portland, and Portland to the origination
of Ward 2 located at the intersection of the Westbrook Arterial and
the Westbrook-Portland municipal line.
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Ward 3
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That area contained within the following boundaries:
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Beginning at the intersection of Saco Street and the Westbrook-Scarborough
municipal line, proceeding northeasterly on Saco Street to its intersection
with Prospect Street; then easterly on Prospect Street to its intersection
with Brackett Street; then northerly on Brackett Street to its intersection
with Cross Street; then easterly on Cross Street to its intersection
with Church Street; then northerly on Church Street to its intersection
with Main Street; then westerly on Main Street to its intersection
with Vallee Square; then northerly on Vallee Square to its intersection
with the Presumpscot River; then westerly on the Presumpscot River,
including the island, to its intersection with the Westbrook-Gorham
municipal line; then southerly along the Westbrook municipal boundary
line with Gorham and Scarborough to its intersection with the origination
point of Ward 3 located at the intersection of Saco Street and the
Westbrook-Scarborough municipal line.
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Ward 4
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That area contained within the following boundaries:
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Beginning at the Westbrook-Gorham municipal line and its southerly
intersection with the Presumpscot River, proceeding easterly on the
Presumpscot River to its intersection with the bridge located at MBL039*000*232,
commonly known as the Black Bridge; then northwesterly to the intersection
with Brown Street; then northeasterly on Brown Street to its intersection
with Cumberland Street; then northwesterly on Cumberland Street to
its intersection with Bridge Street; then northerly on Bridge Street,
continuing on Methodist Road to its intersection with Country Lane;
then northwesterly on Country Lane to its intersection with the northern
property line of MBL017*000*010, Central Maine Power's (CMP)
transmission line; then southwesterly on the northern property line
of MBL017*000*010, Central Maine Power's (CMP) transmission line,
to its intersection with the Westbrook-Windham municipal line; then
southerly along the Westbrook municipal boundary line with Windham
and Gorham to the origination point of Ward 4 located at the southerly
intersection of the Presumpscot River and the Westbrook-Gorham municipal
line.
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Ward 5
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That area contained within the following boundaries:
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Beginning at intersection of Bridgton Road and the Westbrook-Portland
municipal line, proceeding northerly on Bridgton Road to its intersection
with East Bridge Street; then westerly on East Bridge Street to its
intersection with Bridge Street/Methodist Road; then northerly on
Methodist Road to its intersection with Country Lane; then northwesterly
on Country Lane to its intersection with the northern property line
of MBL017*000*010, Central Maine Power's (CMP) transmission line;
then southwesterly on the northern property line of MBL017*000*010,
Central Maine Power's (CMP) transmission line, to its intersection
with the Westbrook-Windham municipal line; then continuing along the
Westbrook municipal boundary line with Windham, Falmouth, and Portland
to the origination point of Ward 5 located at the intersection of
Bridgton Road and the Westbrook-Portland municipal line.
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[Amended 12-21-2020 by Ord. No. 2020-153]
Pursuant to the provisions of 30-A M.R.S.A. § 2527 and Article 7 of the City Charter, the nomination of persons for City offices shall be conducted in accordance with the provisions of 30-A M.R.S.A. § 2528(4), as amended.
The Clerk shall prepare ballots, at the City's expense, according
to the following provisions:
A.
The ballot shall contain the names of properly nominated candidates
arranged under the proper office designation in alphabetical order
by last name. It may contain no other names.
B.
At the end of the list of candidates for each office, there must
be left as many blank spaces as there are vacancies to be filled,
in which a voter may write in the name and, if residence in the municipality
is not a requirement to hold office, municipality of residence of
any person for whom the voter desires to vote. A sticker may not be
used to vote for a write-in candidate in any municipal election other
than a primary election.
C.
A square shall be printed at the left of the name of each candidate
so that a voter may designate the voter's choice clearly by a cross
mark (X) or a check mark. If tabulating machines are used, then the
requirements of Title 21-A M.R.S.A. shall apply.
D.
Words of explanation, such as "Vote for one," may be printed on the
ballot.
E.
A sufficient number of ballots shall be printed, photocopied or otherwise
mechanically reproduced and furnished, and a record of the number
shall be kept by the Clerk. The printed ballots shall be packaged
in convenient blocks so that they may be removed separately.
F.
Ten or more specimen ballots printed on paper of a distinctive color
without the endorsement of the Clerk shall be provided.
G.
The ballots and specimen ballots shall be packed in sealed packages
with marks on the outside specifying the number of each enclosed.
H.
At least four days before the election, the Clerk shall have posted
in one or more conspicuous public places a specimen ballot or a list,
substantially in the form of a ballot, containing the name and office
designation of each candidate. The Clerk shall post five specimen
ballots in the voting room outside the guardrail enclosure.
I.
The absentee ballot requirements of 21-A M.R.S.A. § 752
apply, provided that the words "Absentee Ballot" are printed conspicuously
on both sides of the folded ballot.
Municipal elections shall be called by a warrant. The form of
the warrant shall meet the following requirements:
A.
Time and place. It shall specify the time and place of the election.
B.
Business to be acted upon. It shall state in distinct articles the
items to be voted upon at the election. No other business may be acted
upon.
C.
Notification. It shall be directed to a constable, or to any resident
by name, ordering that person to notify all voters assembled at the
time and place appointed.
D.
Attested copy posted. The person to whom it is directed shall post
an attested copy at each polling place in the City at least seven
days before the election.
The time for opening the polls shall be established by vote
of the municipal officers within the limits established under the
general laws of the state. The time for closing the polls shall be
as established by the laws of the state.
The absentee voting procedure outlined in Title 21-A M.R.S.A.
shall be used, except that the Clerk shall perform the duties of the
Secretary of State.
It shall be the duty of the warden to supervise all activities
at the polling place, including the counting of the votes, under the
direction of the City Clerk. The warden shall have such other duties
and powers as provided by the provisions of Title 21-A M.R.S.A.
The person who receives a plurality of the votes cast for election
to any office is elected to that office.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
If it shall appear that there is no choice of any of the officers to be elected from the citizens at large or from any of the several wards, or if any of the persons elected shall refuse to accept the office, warrants shall forthwith be issued for a new election. The same proceedings, so far as necessary, shall be as has been provided in this article, and Article 6 of the Charter, until said election is completed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Ballot inspections, recounts of elections for office, referenda
and the procedure for challenging a person who claims title to an
office shall be governed by 30-A M.R.S.A. §§ 2530-a
to 2533, as amended.
[Adopted 10-30-1975 (Ch.
8 of the 2007 Code)]
This article shall be known and cited as the "Citizens Initiative
and Referendum Ordinance." The submission to the vote of the citizens
of any proposed ordinance dealing with legislative matters on municipal
affairs or any such ordinance enacted by the City Council may be accomplished
by the presentation of a petition therefor to the City Council in
the manner as hereinafter provided. However, the provisions of this
article shall not apply to any administrative matters directly relating
to the fiscal affairs of the City or tax levy of the City or any ordinance
relative to such matters.
A.
Any five or more qualified voters of the City may originate a petition
for either an initiative or referendum election by signing such petition
at the office of the City Clerk. The originators of said petition
shall be known as the "petitioner's committee" and qualified as the
circulators thereof.
B.
Whenever requested by said five or more voters, the City Clerk shall
prepare the proper petition, with a copy of their submitted proposal
or ordinance thereon or attached thereto, and upon it being signed
by said voters, the City Clerk shall file said petition with the date
thereon and shall, during office hours for 30 business days thereafter,
keep the same open for signature by other qualified voters of the
City. Such petitions may then be circulated and endorsed only by those
persons who have signed the original petition, and they shall attest
that said petition was signed in their presence.
C.
At the expiration of said thirty-day period, the City Clerk shall
declare the petition closed and shall, at the next meeting of the
City Council, present the said petition to the City Council with verification
of the number of valid voter signatures attached thereto.
A.
If the number of valid signatures to said petition shall amount to
at least 10% of the number of registered voters as of the date of
the last preceding regular municipal election, as certified by the
Board of Registration, the City Council shall set a date for a public
hearing to be held within 21 days thereafter.
B.
At the next Council meeting after such public hearing, the City Council
shall, upon finding the petition to be valid for initiative or referendum,
take the necessary steps to submit to the voters of the City the ordinance
or matter proposed by said petition; provided, however, that in the
case of the referendum, the entire repeal by the City Council of the
ordinance sought to be referred and, in the case of the initiative,
the passage by the City Council of the desired ordinance shall put
an end to all proceedings under said petition.
C.
Any determination as to the insufficiency of a petition by the City
Council shall be subject to court review.
A.
The petition
used to originate the initiative or the referendum shall be substantially
in the following form:
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Petition to the City Council
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Initiative or Referendum
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For the Submission to the People of the Question
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Shall the proposed ordinance or matter, a copy of which is set
forth herein or attached hereto, be adopted?
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We, the undersigned, under oath, depose, and say: That we are
duly qualified voters of the City of Westbrook, residing respectively
at the addresses placed opposite our names, and we hereby petition
the City Council to submit the foregoing questions to the voters of
the City of Westbrook.
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Names
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Residence
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Date
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__________
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__________
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__________
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__________
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__________
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__________
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__________
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__________
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__________
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__________
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__________
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__________
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__________
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__________
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__________
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I, __________, the City Clerk of the City of Westbrook, do solemnly
affirm that the signatures appended hereto are the signatures of the
persons whose names they purport to be, to the best of my knowledge,
information, and belief.
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__________
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__________
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Date
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City Clerk
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B.
Copies
of said petition may then be circulated and all such copies when filed
shall contain or have attached thereto the following affidavit executed
by the circulator thereof:
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Affidavit of Circulator
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I, the undersigned, ____________________, being the Circulator
of this petition, upon my oath do solemnly affirm that I personally
circulated this petition, that all signatures which total __________
in number were affixed in my presence and that I believe them to be
the signatures of the persons whose names they purport to be.
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__________
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__________
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Date:
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Signature of Circulator
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Subscribed to upon oath before me on this_____day of_____.
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__________, Justice of the Peace-Notary Public
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Within 10 days after the first City Council meeting held after
the public hearing, the municipal officers shall set a time for the
holding of a special election at which the proposed initiative or
referendum question shall be submitted to the voters of the City,
which special election shall be held not less than 30 nor more than
60 days after said Council meeting, provided that, if the date set
for said special election shall fall within four months of the next
regular state or municipal election, no such special election shall
be called and the question shall be submitted at said regular election.
Whenever any ordinance is required by the provisions of this
article to be submitted to the voters for adoption or repeal, the
City Council shall order the publication of the complete text thereof
to be made in one or more newspapers of general circulation throughout
the City, such publication to be made not less than five days nor
more than 15 days prior to the election.
The special ballots used for voting in said election shall set
forth the title of such ordinance or other matter to be voted upon,
together with two brief explanatory statements of not more than 100
words each, one prepared by the City Council and the other prepared
by the petitioners. These statements shall be descriptive of the intent
of the proposed ordinance or matter to be voted upon. The ballot shall
in substance also contain the words:
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Shall the Ordinance entitled "__________" (or proposal) be adopted.
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Yes
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No
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Shall the Ordinance entitled "__________" (or proposal) be repealed.
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Yes
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No
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If a majority of the qualified voters voting on said proposed
or referred ordinance or matter shall vote in favor thereof, it shall
take effect upon the declaration of the result of such election after
the official canvas of the return of the votes by the municipal officers,
provided the total number of votes cast for and against the questions
equals or exceeds 30% of the total votes cast in the City at the last
prior gubernatorial election.
A.
In the event that two or more ordinances are submitted at the same
election, they shall be placed upon the ballot in order of the priority
of the filing of the respective petitions and shall be given precedence
upon the ballot over any and all questions submitted by the City Council
on its own initiative.
B.
Any number of proposed or referred ordinances may be voted upon at
the same election. In the event that two or more ordinances adopted
at the same election contain conflicting provisions, the ordinance
receiving the highest number of votes at such election shall be paramount
and all questions of construction shall be determined accordingly.
The City Council may submit, on its own initiative, a proposition for the enactment, repeal, or amendment of any ordinance (except as herein otherwise provided) to be voted upon at any regular or special municipal election, and should such proposition receive a majority of the votes cast thereon at any election, such ordinance shall be enacted, repealed, or amended accordingly, in accordance with the provisions of §§ 21-16 to 21-19. However, the Council may also submit advisory questions on any municipal matters to the voters if it so desires.
An ordinance enacted by a vote of the people at an initiative
or referendum election shall not be repealed or amended for a period
of five years from the effective date of the ordinance, except by
a vote of the people, unless such ordinance shall otherwise expressly
provide. After five years from the effective date of the ordinance,
the City Council after a public hearing may repeal or amend such ordinance
by vote of 2/3 of its members.
Whenever a public hearing is required to be held in accordance with the provisions of this article, notice of the time, place, and purpose of said hearing shall be published as required by § 21-16.
A.
This article shall be submitted to the voters for approval or rejection by a majority vote of the electors of said City, and any subsequent amendments or revisions of this article shall require the same ratification by the voters as required by Section 6.6 of the City Charter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
For the purpose of said election, the City Clerk shall reduce the
subject matter to the following question: "Shall the ordinance entitled
'Citizens Initiative and Referendum Ordinance' as passed by the City
Council, be approved?" The voters shall indicate by a cross or check
mark placed within the square on their ballots, under the word "yes"
or "no" the opinion of same, and if this article is approved by the
voters, it shall take effect for all its purposes upon the declaration
of the result of such election after the official canvass of the return
of votes by the municipal officers.
