HP0917, LD 1323, item 1, An Act To Amend the Direct Initiative Signature Gathering Process

An Act To Amend the Direct Initiative Signature Gathering Process

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 4 MRSA §955-C, sub-§1, ¶C, as amended by PL 2005, c. 629, §2, is further amended to read:

C. The notary public is in violation of section 954-A or section 960; or

Sec. 2. 4 MRSA §955-C, sub-§1, ¶D, as enacted by PL 1997, c. 712, §2, is amended to read:

D. The notary public has been convicted of a crime as defined by rules adopted by the Secretary of State. These rules must provide that a conviction for perjury, false swearing, bribery, corrupt practices or forgery or related offenses may be a basis for the Secretary of State to suspend, revoke or refuse to renew the commission of a notary public. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. 2-A; or

Sec. 3. 4 MRSA §955-C, sub-§1, ¶E is enacted to read:

E. The notary public has allowed another person to use that notary public's commission.

Sec. 4. 21-A MRSA §905, sub-§1, as amended by PL 2009, c. 611, §5, is further amended to read:

1. Secretary of State. The Secretary of State shall review all petitions filed in the Department of the Secretary of State for a people's veto referendum under the Constitution of Maine, Article IV, Part Third, Section 17, or for a direct initiative under the Constitution of Maine, Article IV, Part Third, Section 18.

The Secretary of State shall determine the validity of the petition and issue a written decision stating the reasons for the decision within 30 days from the date of filing of a written petition in the Department of the Secretary of State under the Constitution of Maine, Article IV, Part Third, Section 17 or 18.

The Secretary of State may invalidate a petition if the Secretary of State is unable to verify the notarization of that petition.

Sec. 5. Secretary of State to establish online reporting system. The Secretary of State shall establish an online reporting system for suspected fraudulent signature gathering practices for direct initiative and people's veto petitions.

summary

This bill authorizes the Secretary of State to suspend, revoke or refuse to renew the commission of a notary public who has allowed another person to use that notary public's commission. It also authorizes the Secretary of State to invalidate a petition for a direct initiative or people's veto if the Secretary of State is unable to verify the notarization of that petition. The bill directs the Secretary of State to establish an online reporting system for suspected fraudulent signature gathering practices for direct initiative and people's veto petitions.

HP0917 LD 1323	Session - 128th Maine Legislature		LR 2089 Item 1
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