Bill > LD1483

Introduced Session

An Act to Validate Certain Referendum Proceedings Conducted by the City of South Portland 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 City of South Portland is authorized pursuant to state law and its charter to borrow money and to issue its general obligation bonds and notes in furtherance of its municipal purposes; and Whereas, at a city referendum held November 5, 2024, the voters of the city ratified and approved 2 bond ordinances, the first for $1,000,000 for school maintenance and improvements and the second for $3,000,000 for school safety improvements, all as described in the bond ordinances submitted to a referendum vote; and Whereas, at the same city referendum held November 5, 2024, the voters of the city ratified and approved a charter amendment regarding the disposition of certain city-owned property; and Whereas, each bond ordinance was approved by the voters of the city as follows: Question 1, school maintenance and improvements: 11,165 in favor and 3,431 against, with 608 blank ballots; and Question 2, school safety improvements: 10,584 in favor and 4,002 against, with 624 blank ballots; and Whereas, the charter amendment was approved by the voters of the city as follows: 11,807 in favor and 2,370 against, with 801 blank ballots; and Whereas, the Maine Revised Statutes, Title 30-A, section 5772, subsection 2-A requires that any question submitted to the electors for ratification of a general obligation bond be accompanied by a statement signed by the treasurer of the municipality setting forth certain information about the municipality's outstanding and unpaid bonds, its authorized and unissued bonds and the total principal amount and the interest cost of the proposed bonds that are the subject of the referendum vote; and Whereas, Title 21-A, section 622-A requires that the notice of election contain the referendum questions for that election; and Whereas, due to inadvertent oversight, although the 2 bond ordinances submitted to the voters were accompanied by a statement setting forth the required information about the city's bonded debt, the statement was not signed by the treasurer of the city as required by Title 30-A, section 5772, subsection 2-A; and Whereas, prior to the referendum, the South Portland city council held a first reading, a public hearing and a second reading on the 2 bond ordinances, a summary of the 2 bond ordinances was posted in the city hall 7 days prior to the public hearing, the South Portland school department held a public hearing on the 2 bond ordinances, the municipal clerk posted the bond ordinances and the specimen ballots setting forth the referendum questions on the bond ordinances in public and conspicuous places in each voting district in the city at least 7 days prior to the referendum, and posted this information at each voting place on election day, and the municipal clerk published a summary of the 2 bond ordinances in the Portland Press Herald not less than 10 days nor more than 15 days prior to the referendum; and Whereas, the failure to include the signed statement required by Title 30-A, section 5772, subsection 2-A and the failure to include the 2 bond ordinance questions in the notice of election create a legal technicality that could affect the marketability of the bonds or notes to be issued by the city in connection with the projects; 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,

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Anne Carney (D)*,  Matthew Beck (D),  Deqa Dhalac (D),  Christopher Kessler (D), 

Governor's Action: Emergency Signed, Jun 9, 2025 (on 06/09/2025)

Official Document