SP0164, LD 499, item 2, ‘An Act To Collect Data Regarding How Payment Is Made for Collection of Signatures for Direct Initiatives and People's Veto Referendums’

Amend the bill by striking out the title and substituting the following:

‘An Act To Collect Data Regarding How Payment Is Made for Collection of Signatures for Direct Initiatives and People's Veto Referendums’

Amend the bill by striking out everything after the enacting clause and inserting the following:

‘Sec. 1. 21-A MRSA §903-A, sub-§§4 and 5 are enacted to read:

4. Circulator affidavit. A person who circulates a petition shall execute an affidavit that must include:

A. The circulator's printed name, the physical address at which the circulator resides and the date the circulator signed the affidavit;

B. That the circulator read the information provided by the Secretary of State pursuant to subsection 3 and understands the laws governing the circulation of petitions in the State;

C. That the circulator was a resident of the State and a registered voter in the State at the time of circulating the petition; and

D. That the circulator understands that the circulator can be prosecuted under section 904 for violating the laws governing the circulation of petitions, including the requirement that the circulator truthfully executed the affidavit.

The circulator shall file the affidavit with the Secretary of State at the time the petition is filed.

5. Circulator payment. A person or organization that pays individuals to circulate petitions, other than by reimbursing travel expenses, shall provide a list of those individuals to the Secretary of State along with information indicating the method by which the individuals are being compensated when the petitions are filed pursuant to the Constitution of Maine, Article IV, Part Third, Section 17 or 18.

Sec. 2. 21-A MRSA §903-C, sub-§1, ¶D, as enacted by PL 2015, c. 99, §2, is amended to read:

D. A list containing the names of all individuals hired by the petition organization to assist in circulating petitions or in organizing, supervising or managing the circulation. The list must include a statement indicating the method by which the individuals hired to assist in circulating petitions are being compensated. The list must be updated and resubmitted to the Secretary of State when the petitions are filed pursuant to the Constitution of Maine, Article IV, Part Third, Section 17 or 18.

Sec. 3. 21-A MRSA §904, sub-§4, as repealed and replaced by PL 2007, c. 455, §53, is amended to read:

4. Duplicate signature. Knowingly signs the person's name more than once on initiative or referendum petitions for the same measure; or

Sec. 4. 21-A MRSA §904, sub-§5, as enacted by PL 2007, c. 455, §53, is amended to read:

5. False swearing; signature made in circulator's presence. Circulates an initiative or referendum petition and willfully swears that a signature to the petition was made in the circulator's presence when it was not . ; or

Sec. 5. 21-A MRSA §904, sub-§6 is enacted to read:

6. Failure to truthfully execute and file circulator affidavit. Knowingly fails to truthfully execute and timely file a circulator affidavit under section 903-A, subsection 4.’

Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.

summary

This amendment is the majority report. The amendment replaces the title and the bill and strengthens the integrity of the direct initiative and people's veto referendum process by requiring a petition circulator to submit an affidavit that includes the circulator's name, the address at which the circulator resides and the date the circulator signed the affidavit; that the circulator read the information provided by the Secretary of State and understands the laws governing the circulation of petitions in Maine; that the circulator was a resident of Maine and a registered voter in Maine at the time of circulating the petition; and that the circulator understands that the circulator can be prosecuted for violating the laws governing the circulation of petitions, including the requirement that a circulator truthfully executed the affidavit. The amendment also requires petition organizations and others to indicate the method by which they are compensating any individuals hired to assist in circulating petitions.

FISCAL NOTE REQUIRED

(See attached)

SP0164 LD 499	Session - 129th Maine Legislature C "A", Filing Number S-232, Sponsored by		LR 615 Item 2
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