A. 
Initiative. Qualified voters shall have the power to propose ordinances and resolutions to the Council. If the Council fails to adopt an ordinance or resolution so proposed without any change in substance, the voters may vote to adopt or reject it.
B. 
Referendum. The qualified voters of the Town shall have the power to require reconsideration by the Council of any adopted ordinance and if the Council fails to repeal an ordinance so reconsidered said voters shall have the power to approve or reject it.
C. 
Conflicts with State Law. This article provides the sole method by which voters may undertake petitions for initiative and referendum, and supersedes the provisions of Title 30-A, §§ 2522 and 2528(5) of the Maine Revised Statutes.
D. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
ELECTION
A special or regular Town Meeting where votes are cast only by secret ballot.
ORDINANCE
A municipal regulation having the force of law.
RESOLUTION
A formal expression of opinion, will, or intent voted by Town Council or Town Meeting that does not have the force of law.
Any five qualified voters may commence initiative or referendum proceedings by filing with the Clerk an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the mailing address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or resolution or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed, the Clerk shall issue the appropriate petition blanks to the petitioners' committee.
A. 
Number of signatures. Initiative and referendum petitions must be signed by qualified voters of the Town equal in number to at least 10% of the total municipal vote for Governor cast in the last gubernatorial election preceding the filing of the petition as certified by the Town Clerk.
B. 
Form and content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance or resolution proposed or the ordinance sought to be reconsidered.
C. 
Affidavit of circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that he/she personally circulated the paper, the number of signatures thereon, that all of the signatures were affixed in his/her presence, that he/she believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance or resolution proposed or the ordinance sought to be reconsidered.
D. 
Time for filing referendum petitions. Referendum petitions must be filed within 30 days after adoption by the Council of the ordinance sought to be reconsidered.
A. 
Certificate of Clerk; amendment. Within 20 days after the petition is filed, the Clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by certified mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the Clerk within five days after receiving the copy of the certificate and files a supplementary petition upon additional papers within 10 days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of § C-45B and C and, within five days after it is filed, the Clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by certified mail as in the case of an original petition. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request Council review under Subsection B within the time required, the Clerk shall promptly present the certificate to the Council and the certificate shall then be a final determination as to the sufficiency of the petition.
B. 
Council review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within five days after receiving copy of such certificate, file a request that it be reviewed by the Council. The Council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the Council's determination shall then be a final determination as to the sufficiency of the petition.
C. 
Court review; new petition. A final determination as to the sufficiency of a petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose.
When a referendum petition is filed with the Town Clerk, the ordinance to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when:
A. 
There is a final determination of insufficiency of the petition; or
B. 
The petitioners' committee withdraws the petition; or
C. 
The Council repeals the ordinance.
[Amended 11-3-2020]
A. 
Public hearing: When an initiative or referendum has been finally determined sufficient the Council shall set a date no later than 30 days from the final determination of sufficiency to hold a public hearing for the purpose of presentation and information on the proposed initiative ordinance or resolution and to receive public comment.
B. 
Action by Council. When an initiative or referendum petition has been finally determined sufficient, and after holding a public hearing, tthe Council shall promptly consider the proposed initiative ordinance or resolution or reconsider the referred ordinance by voting its repeal. If the Council fails to adopt a proposed initiative ordinance or resolution without any change in substance within 60 days or fails to repeal the referred ordinance within 30 days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters.
C. 
Submission to voters.
(1) 
Initiated or Referred Ordinances.
(a) 
The vote on a proposed or referred ordinance shall be by secret ballot at a Town election but not less than 45 days nor more than one year from the date of the final Council vote thereon. If no scheduled regular annual Town election is to be held within the period prescribed in this subsection, the Council shall provide for a special election; otherwise, the vote shall be held at the same time as the regular annual election.
[1] 
Council may provide for a special election at an earlier date within the prescribed period.
[2] 
Copies of the proposed or referred ordinance shall be made available at the polls.
(b) 
An ordinance to be voted on shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title but shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question in the case of an initiative: "Shall the above-described ordinance be adopted?" In the case of a referendum the question shall be: "Shall the above-described ordinance be repealed?" Immediately below such question shall appear in the following order the words "yes" and "no" and to the left of each a square in which the voter may cast his/her vote.
(2) 
Initiated Resolutions.
(a) 
Timeline for Voting. The vote on a proposed resolution shall be held at either a Town election or an open Town Meeting not less than 45 days and not more than one year from the date of the final Council vote thereon. If no regular annual Town Meeting is to be held within the period prescribed in this subsection, the Council shall provide for a special Town Meeting; otherwise, the vote shall be held at the same time as the regular annual Town Meeting, except that the Council may in its discretion provide for a special Town Meeting at an earlier date within the prescribed period.
(b) 
Town Election Voting. A resolution to be voted at a Town election may be presented for voting by ballot title. The ballot title of a measure may differ from its legal title but shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: "Shall the above-described resolution be adopted?" Immediately below the question shall appear, in the following order, the words "yes" and "no" and to the left of each a square in which the voter may cast his/her vote. Copies of the proposed resolution shall be made available at the polls.
(c) 
Open Town Meeting Voting. Voting on an initiated resolution at an open Town Meeting shall be by written ballot. Copies of the proposed resolution shall be made available at the Town Meeting.
A. 
Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance or resolution vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances or resolutions of the same kind adopted by the Council.
B. 
Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results.