An Act To Clarify Voting Procedures for Standard Water Districts
Sec. 1. 35-A MRSA §6401, as amended by PL 2003, c. 147, §1, is further amended to read:
§ 6401. Purpose; scope and application; commission authority; charter adoption or amendment
(1) Section 6410, subsection 7;
(2) Section 6410, subsection 8;
(3) Section 6413-A; and
(4) Section 6414-A.
(1) Subsection 3;
(2) Section 6410, subsection 5; and
(3) Section 6416.
Sec. 2. 35-A MRSA §6410, sub-§1, as amended by PL 2003, c. 147, §2, is further amended to read:
When the term of office of a trustee expires, the trustee's successor is elected at large by a plurality vote of the voters of the standard district. For the purpose of election, a special election must be called and held on the date established by the trustees. The election must be called by the trustees of the standard district in the same manner as town meetings are called , advertised and conducted in accordance with Title 30-A, section 2528 and, for this purpose, the trustees are vested with the powers of municipal officers of towns. A vacancy is filled in the same manner for the unexpired term by a special election called by the trustees of the standard district.
The trustees shall appoint a registrar of voters for the standard district, who may also be the registrar of voters for any town within the standard district, and fix the registrar's salary. It is the registrar's duty to make and keep a complete list of all the registered voters resident in the standard district. The list prepared by the registrar governs the eligibility of any voter. Voters who are resident outside the territorial limits of the standard district, as defined in its charter, are not eligible voters and the registrar of voters shall exclude those voters from the registrar's lists. All warrants issued for elections by the trustees must show that only the voters resident within the territorial limits of the standard district are entitled to vote.
Sec. 3. 35-A MRSA §6413, first ¶, as amended by PL 2005, c. 192, §1, is further amended to read:
Prior to issuing on behalf of a standard district any bond, note or other evidence of indebtedness payable within a period of more than 12 months after the date of issuance, the trustees shall propose a debt limit for the standard district that the trustees must submit for approval in a districtwide referendum. The referendum must be called, advertised and conducted according to the law relating to municipal elections Title 30-A, section 2528 even if the municipality or a portion of the municipality in which the election is conducted has not accepted secret ballot voting under that provision, except the standard district's registrar of voters is not required to prepare or the clerk to post a new list of voters. The referendum may be held outside the territory of the district if the usual voting place for persons located within the district is located outside the territory of the district. For the purpose of registering voters, the registrar of voters must be in session on the regular workday preceding the election. The question presented must conform to one of the following forms:
Sec. 4. 35-A MRSA §6413-A, 2nd ¶, as amended by PL 2005, c. 192, §2, is further amended to read:
If a water district chooses to increase its debt limit pursuant to this section, the governing body of the water district shall propose a new debt limit and submit the proposal for approval at a districtwide referendum. The referendum must be called, advertised and conducted according to the law relating to municipal elections Title 30-A, section 2528 even if the municipality or a portion of the municipality in which the election is conducted has not accepted secret ballot voting under that provision, except the registrar of voters is not required to prepare or the clerk to post a new list of voters. The referendum may be held outside the territory of the district if the usual voting place for persons located within the district is located outside the territory of the district. For the purpose of registering voters, the registrar of voters must be in session on the regular work day preceding the election. The question presented must conform to the following form:
"Do you favor changing the debt limit of the (insert name of district) from (insert current debt limit) to (insert proposed debt limit)?"
summary
This bill clarifies voting procedures for standard water districts. Currently, standard district charters and charter amendments approved by the Legislature and the Maine Revised Statutes, Title 35-A, sections 6410, 6413 and 6413-A use language to the effect that referendum elections or trustee elections must be conducted in accordance with the laws relating to municipal elections without explicitly stating that the secret ballot method of voting is to be used. This bill clarifies that secret ballot voting in accordance with Title 30-A, section 2528 is the method to be used to enact or amend a standard district charter by referendum, to elect trustees or to establish or amend a debt limit by referendum, even if a municipality in which the standard district is located has not accepted this method of voting.