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Public Law
123rd Legislature
Second Regular Session
Chapter 495
S.P. 762 - L.D. 1968
An Act To Clarify the Election of Municipal Charter Commission Members
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  the municipal charter is equivalent to a constitution for the City of Portland, and voters should be able to separate the choice between the need for a charter commission and an election of the members of that charter commission; and
Whereas,  the City of Portland intends to hold an election in June 2008, which is less than 90 days after statutory adjournment; and
Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §2103, sub-§1, ¶A,  as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:
 
A.  Voter members shallmust be elected by one of the following methods:
 
(1) Six voter members shall beare elected in the same manner as the municipal officers, except that they must be elected at-large and without party designations; or
 
(2) One voter shall bemember is elected from each voting district or ward in the same manner as municipal officers, except that theythe voter member must be elected without party designation.; or
 
(3) Voter members are elected both at-large and by district or ward, as long as the number of voter members is the same as the number of municipal officers on the board or council of that municipality and the voter members are elected in the same manner as the municipal officers, except that they must be elected without party designation.
 
Election of voter members may be held either at the same municipal election as the referendum for the charter commission, but must be held within 90 days of the referendum electionor at the next scheduled regular or special municipal or state election that is no more than 200 days after the referendum authorizing the charter commission. The names of the candidates on the ballot shallmust be arranged alphabetically by last name. If the elections are held at the same time, the names of the candidates shallmust appear immediately below the question relating to the charter commission.
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved.
 
Effective March 14, 2008.