LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
333
JUNE 23, 2021 PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
_____
H.P. 934 - L.D. 1274
An Act Regarding 2021 Municipal Elections and Town Meetings
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 spread of the novel coronavirus referred to as COVID-19 has created a
public health emergency; and
Whereas, in response to COVID-19, the World Health Organization has declared a
pandemic, the President of the United States has declared a national emergency and the
Governor of Maine has declared a civil state of emergency; and
Whereas, state and federal authorities, including the federal Centers for Disease
Control and Prevention, the Department of Health and Human Services, Maine Center for
Disease Control and Prevention and the Governor have recommended or placed limits on
public gatherings; and
Whereas, the most recommended ways of avoiding infection and furthering the
spread of the virus that causes COVID-19 are for authorities to reduce the number of public
gatherings and for people to avoid large crowds; and
Whereas, municipal leaders seek to ensure public safety by acting in concert with
public health guidelines to discourage large gatherings and also recognize the likelihood of
low voter turnout at meetings or elections held, depriving voters of full participation in
municipal decisions; and
Whereas, there is no procedure in Maine law to postpone a municipal secret ballot
election or nomination process already in progress, and delay of municipal budget meetings
will deprive municipal authorities of legal authority to spend and continue operations; and
Whereas, it is imperative that action be taken at the earliest possible moment to allow
for continuity of services by municipalities despite the need to postpone meetings; 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,
Page 1 - 130LR0954(03)
Be it enacted by the People of the State of Maine as follows:
Sec. 1. Failure to pass municipal budget; deemed approved; tax
commitment. Notwithstanding any law or municipal charter provision to the contrary, if
an annual municipal budget meeting is delayed beyond the date the annual budget is
customarily submitted to the legislative body of that municipality for approval due to public
health concerns arising from coronavirus disease 2019, referred to in this Act as
COVID-19, the prior year's approved or deemed approved municipal budget is deemed the
budget for the ensuing year until a final budget is approved. If a final budget is not
approved in a timely manner and the municipal officers determine that property taxes must
be committed in a timely manner to the tax collector pursuant to the Maine Revised
Statutes, Title 36, section 709, the municipal assessor may commit property taxes on the
basis of the municipal budget deemed approved under this section.
Sec. 2. Individual authorization of disbursements by municipal treasurer.
Notwithstanding the Maine Revised Statutes, Title 30-A, section 5603, subsection 2,
paragraph A or any other law or municipal charter provision or ordinance to the contrary,
for the duration of a state of emergency declared by the Governor in accordance with Title
37-B, section 742 due to the outbreak of COVID-19 and for 30 days following the
termination of that state of emergency, a municipal treasurer may disburse money on the
authority of a warrant drawn for that purpose seen and signed individually by a majority of
the municipal officers outside of a public meeting.
Sec. 3. Postponement of secret ballot election. Notwithstanding any law or
municipal charter provision or ordinance to the contrary, beginning January 15, 2021, the
municipal officers may postpone the date of a scheduled municipal secret ballot election
when nomination papers have already been issued or filed by posting notice in a
conspicuous public location at least 2 days prior to the date of the election. The notice must
be signed by a majority of the municipal officers and must either:
1. State a specific date and time during which the polls will be open to complete the
election; or
2. State that the date of a rescheduled election will be determined by the municipal
officers.
The rescheduled election must be noticed by a warrant calling the election that is
approved and posted pursuant to the Maine Revised Statutes, Title 30-A, section 2523 at
least 7 days prior to the date of the rescheduled election.
If ballots have been printed for the postponed election, the municipality may use those
ballots despite inclusion of the original election date. If absentee ballots have been issued
and returned, the municipality shall use the ballots printed for the originally scheduled
election. The municipal clerk shall safeguard and secure any absentee ballots already
returned until the date of the rescheduled election and shall process them as required by the
Maine Revised Statutes, Title 21-A. During the interim period between the originally
scheduled election and rescheduled election, the clerk may continue to issue and accept
absentee ballots and applications and allow voting in the presence of the clerk pursuant to
Title 21-A.
A municipal secret ballot referendum election is subject to the same rescheduling,
ballot and absentee ballot provisions as set forth in this section.
Page 2 - 130LR0954(03)
 Sec. 4. Referendum vote hearing requirement. The hearing required by the
Maine Revised Statutes, Title 30-A, section 2528, subsection 5 or municipal charter before
a referendum vote may be conducted via remote means following the requirements
established for remote board meetings in Public Law 2019, chapter 617, Part G.
Sec. 5. Secret ballot election. Notwithstanding any law or municipal charter
provision to the contrary, the Maine Revised Statutes, Title 30-A, section 2528, subsection
1 is suspended to allow the municipal officers of a municipality that has not voted to accept
secret ballot voting to nevertheless do so during the state of emergency declared by the
Governor in accordance with Title 37-B, section 742 due to the outbreak of COVID-19.
Elected officials in those municipalities may remain in office until an election pursuant to
Title 30-A, section 2525.
Sec. 6. Referendum wording deadline. The requirement in the Maine Revised
Statutes, Title 30-A, section 2528, subsections 4 and 5 that municipal officers file with the
clerk an order establishing the wording of a referendum question by the 60th day before a
referendum election is suspended and modified to provide for such filing by the 30th day
before the referendum.
Sec. 7. Written ballot exception. Solely to the extent that the Maine Revised
Statutes, Title 30-A, section 5721-A, subsection 7, paragraph A requires a written ballot to
exceed or increase the property tax levy limit at an open town meeting held in compliance
with relevant gathering limits, it is suspended in favor of either a show of hands or a voice
vote during the state of emergency declared by the Governor in accordance with Title 37-B,
section 742 due to the outbreak of COVID-19.
Sec. 8. Retroactivity; repeal. This Act applies retroactively to January 15, 2021
and is repealed the earlier of June 30, 2022 and the end of the state of emergency declared
by the Governor in accordance with the Maine Revised Statutes, Title 37-B, section 742
due to the outbreak of COVID-19.
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
Page 3 - 130LR0954(03)