Maine Revised Statutes

Me. Rev. Stat. tit. 21-A, § 906 (2026)

Form of ballot

✓ current as of May 2026
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The Secretary of State shall prepare the ballots for referendum questions according to the following provisions, subject to the authority contained in section 604‑A.   [PL 1987, c. 188, §16 (AMD).]
1.  Referendum questions on separate ballot. 
[PL 1997, c. 581, §6 (RP).]
1-A.  Referendum questions on same ballot.  Referendum questions may be printed on the same ballot used for the election of state candidates or municipal elections, as determined by the Secretary of State in accordance with section 604‑A. There must be a place on the ballot for the voter to designate the voter's choice. A referendum question must be arranged so that the voter may vote for or against it.  
[PL 2001, c. 310, §68 (AMD).]
2.  Bond issues; total interest. 
[PL 2009, c. 253, §59 (RP).]
3.  Distinctively colored. 
[PL 2013, c. 457, §5 (RP).]
4.  Size.  The Secretary of State shall determine the size of the ballots.  
[PL 1985, c. 161, §6 (NEW).]
5.  Contents concealed. 
[PL 1997, c. 581, §9 (RP).]
6.  Wording of ballots for people's veto and direct initiative referenda.  Ballots for a statewide vote on a people's veto referendum or a direct initiative must set out the question or questions to be voted on as set forth in this subsection.  
A. The Secretary of State shall advise petitioners that the proper suggested format for an initiative question is a separate question for each issue. In determining whether there is more than one issue, each requiring a separate question, considerations include whether:  
(1) A voter would reasonably have different opinions on the different issues;  
(2) Having more than one question would help voters to better understand the subject matter; and  
(3) The questions are severable and can be enacted or rejected separately without negating the intent of the petitioners.   [PL 1993, c. 352, §3 (RPR).]
B. The Secretary of State shall write the question in a clear, concise and direct manner that describes the subject matter of the people's veto or direct initiative as simply as is possible.   [PL 2019, c. 414, §1 (AMD).]
C. The question for a direct initiative must be phrased so that an affirmative vote is in favor of the direct initiative.   [PL 2019, c. 414, §1 (AMD).]
D. If the Legislature adopts a competing measure, the ballot must clearly designate the competing question and legislation as a competing measure and allow voters to indicate whether they support the direct initiative, support the competing measure or reject both.   [PL 1993, c. 352, §3 (RPR).]
E. If there is more than one direct initiative referendum on the same general subject, the Secretary of State shall write the questions in a manner that describes the differences between the initiatives.   [PL 1993, c. 352, §3 (RPR).]
[PL 2019, c. 414, §1 (AMD).]
6-A.  Wording of referendum questions enacted by the Legislature.  The proper format for a statutory referendum enacted by the Legislature is a separate question for each issue. In determining whether there is more than one issue, each requiring a separate question, considerations include whether:  
A. A voter would reasonably have different opinions on the different issues;   [PL 1993, c. 352, §4 (NEW).]
B. Having more than one question would help voters to better understand the subject matter; and   [PL 1993, c. 352, §4 (NEW).]
C. The Legislature determines the questions are severable and can be enacted or rejected separately without negating the intent of the Legislature.   [PL 1993, c. 352, §4 (NEW).]
[PL 1993, c. 352, §4 (NEW).]
7.  Order of questions on the ballot.  The Secretary of State shall arrange questions on the ballot in the following order: carry-over measures from a previous election; people's veto questions; initiated measures; bond issues; constitutional amendments; and other legislatively proposed referenda. Within each group, questions must be arranged in a random order determined by a selection process conducted in public. All ballot questions must be numbered sequentially.  
[PL 1997, c. 581, §10 (AMD).]
8.  Explanation of effect of "yes" or "no" vote.  The Secretary of State shall include on the ballot for each referendum question those portions of the statement prepared by the Attorney General pursuant to Title 1, section 353 that describe what a "yes" vote favors and what a "no" vote opposes. These statements must appear directly below the relevant referendum question and above the place on the ballot for the voter to designate the voter's choice.  
[PL 2019, c. 414, §2 (NEW).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW). PL 1987, c. 119, §2 (AMD). PL 1987, c. 188, §16 (AMD). PL 1993, c. 352, §§3,4 (AMD). PL 1993, c. 473, §41 (AMD). PL 1993, c. 473, §46 (AFF). PL 1995, c. 459, §114 (AMD). PL 1997, c. 581, §§6-10 (AMD). PL 2001, c. 310, §68 (AMD). PL 2009, c. 253, §59 (AMD). PL 2013, c. 457, §5 (AMD). PL 2019, c. 414, §§1, 2 (AMD).
Notes of Decisions
Cited in 10 cases (4 in the last 5 years), 1995–2025 · leading case: Lockman v. Sec'y of State, 684 A.2d 415 (Me. 1996).
Lockman v. Sec'y of State, 684 A.2d 415 (Me. 1996). · cites it 6× “We reject plaintiffs' further argument that 21-A M.R.S.A. § 906 mandates that competing measures must be presented to the voters with a separate question for each issue.”
Wayne R. Jortner et al. v. Sec'y of State, 2023 ME 25 (Me. 2023). · cites it 7× “direct initiative as simply as 7 is possible,” 21-A M.R.S. § 906(6)(B).1 See Olson, 1997 ME 30, ¶ 6 , 689 A.”
Christopher J. Caiazzo v. Sec'y of State, 2021 ME 42 (Me. 2021). · cites it 6× “21-A M.R.S. § 906 (2021). In subsection 6-A, the Legislature establishes that there is a “proper format,” 21-A M.”
Wagner v. Sec'y of State, 663 A.2d 564 (Me. 1995). “The complaint alleged that the initiative was an attempt to amend Maine’s Constitution because it purports to give the electorate the power to limit enactment of future laws in violation of Article IV, Part 3, Section 18, and that the initiative violated the requirements of 21-A…”
Hoogestraat v. Barnett, 1998 SD 104 (S.D. 1998). · cites it 2× “415; Me.Rev.Stat. Ann. tit. 21-A, § 906; Md.Code Ann.”
Olson v. Sec'y of State, 1997 ME 30 (Me. 1997). · cites it 2× “3, § 20 1 and 21-A M.R.S.A. § 906(6)(B), the Secretary drafted the ballot question for the initiative.”
Christopher J. Caiazzo v. Sec'y of State, 2021 ME 42 (Me. 2021). · cites it 6× “21-A M.R.S. § 906 (2021). In subsection 6-A, the Legislature establishes that there is a “proper format,” 21-A M.”
Caiazzo v. Bellows (Me. Super. Ct 2020). · cites it 5× “The Secretary must prepare the ballots for referendum questions in accordance with the provisions in 21-A M.R.S. § 906. Petitioner argues that the Secretary's second duty under§ 906(6)(A) is to write the ballot question in such a way as to ensure that each question presents only…”
Alex Titcomb v. Sec'y of State, 2025 ME 63 (Me. 2025). “direct initiative as simply as is possible,” 21-A M.R.S. § 906(6)(B) (2025). Having reviewed the Secretary’s decision independently, we affirm the judgment of the Superior Court.”
Casinos No v. Gwadosky (Me. Super. Ct 2003). “21-A M.R.S.A. §906(6)(Supp.2003). ° To the extent that Petitioners raise the argument that there was an abuse of or a flawed administrative process in this case, there is no record evidence of such abuse.”
— Me. Rev. Stat. tit. 21-A, § 906(6) — 3 cases
Christopher J. Caiazzo v. Sec'y of State, 2021 ME 42 (Me. 2021). “21-A M.R.S. § 906 (2021). In subsection 6-A, the Legislature establishes that there is a “proper format,” 21-A M.”
Christopher J. Caiazzo v. Sec'y of State, 2021 ME 42 (Me. 2021). “21-A M.R.S. § 906 (2021). In subsection 6-A, the Legislature establishes that there is a “proper format,” 21-A M.”
Casinos No v. Gwadosky (Me. Super. Ct 2003). “21-A M.R.S.A. §906(6)(Supp.2003). ° To the extent that Petitioners raise the argument that there was an abuse of or a flawed administrative process in this case, there is no record evidence of such abuse.”
— Me. Rev. Stat. tit. 21-A, § 906(6)(A) — 4 cases
Wagner v. Sec'y of State, 663 A.2d 564 (Me. 1995). “The complaint alleged that the initiative was an attempt to amend Maine’s Constitution because it purports to give the electorate the power to limit enactment of future laws in violation of Article IV, Part 3, Section 18, and that the initiative violated the requirements of 21-A…”
Christopher J. Caiazzo v. Sec'y of State, 2021 ME 42 (Me. 2021). “21-A M.R.S. § 906 (2021). In subsection 6-A, the Legislature establishes that there is a “proper format,” 21-A M.”
Christopher J. Caiazzo v. Sec'y of State, 2021 ME 42 (Me. 2021). “21-A M.R.S. § 906 (2021). In subsection 6-A, the Legislature establishes that there is a “proper format,” 21-A M.”
Caiazzo v. Bellows (Me. Super. Ct 2020). “The Secretary must prepare the ballots for referendum questions in accordance with the provisions in 21-A M.R.S. § 906. Petitioner argues that the Secretary's second duty under§ 906(6)(A) is to write the ballot question in such a way as to ensure that each question presents only…”
— Me. Rev. Stat. tit. 21-A, § 906(6)(A)(3) — 2 cases
Christopher J. Caiazzo v. Sec'y of State, 2021 ME 42 (Me. 2021). “21-A M.R.S. § 906 (2021). In subsection 6-A, the Legislature establishes that there is a “proper format,” 21-A M.”
Christopher J. Caiazzo v. Sec'y of State, 2021 ME 42 (Me. 2021). “21-A M.R.S. § 906 (2021). In subsection 6-A, the Legislature establishes that there is a “proper format,” 21-A M.”
— Me. Rev. Stat. tit. 21-A, § 906(6)(B) — 7 cases
Wayne R. Jortner et al. v. Sec'y of State, 2023 ME 25 (Me. 2023). “direct initiative as simply as 7 is possible,” 21-A M.R.S. § 906(6)(B).1 See Olson, 1997 ME 30, ¶ 6 , 689 A.”
Olson v. Sec'y of State, 1997 ME 30 (Me. 1997). “3, § 20 1 and 21-A M.R.S.A. § 906(6)(B), the Secretary drafted the ballot question for the initiative.”
Lockman v. Sec'y of State, 684 A.2d 415 (Me. 1996). “We reject plaintiffs' further argument that 21-A M.R.S.A. § 906 mandates that competing measures must be presented to the voters with a separate question for each issue.”
Christopher J. Caiazzo v. Sec'y of State, 2021 ME 42 (Me. 2021). “21-A M.R.S. § 906 (2021). In subsection 6-A, the Legislature establishes that there is a “proper format,” 21-A M.”
Christopher J. Caiazzo v. Sec'y of State, 2021 ME 42 (Me. 2021). “21-A M.R.S. § 906 (2021). In subsection 6-A, the Legislature establishes that there is a “proper format,” 21-A M.”
— Me. Rev. Stat. tit. 21-A, § 906(6)(D) — 1 case
Lockman v. Sec'y of State, 684 A.2d 415 (Me. 1996). “We reject plaintiffs' further argument that 21-A M.R.S.A. § 906 mandates that competing measures must be presented to the voters with a separate question for each issue.”
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