Local Option Liquor Question
(excerpted, with revised citations and other editing, from Maine Townsman, "Legal Notes," December 1984)

This Maine Municipal Association publication is presented for "Classroom Use Only."  Its intended use is to stimulate and aid in discussion and role playing within a classroom setting.

Please Note: Despite this article’s original publication date, it remains a valid resource on the relevant subject matter. Recent cases and statutory changes are noted to reflect current law. (11/98)

Question: The board of selectmen recently received a petition calling for a vote on a local option liquor question. We need guidance as to what procedures we should follow to vote on the petitioned question.

Answer: Upon receipt of a petition, the selectmen must determine that the petition has the correct number of signatures and that all signatures (at least 15% of the number of votes cast in the municipality in the last gubernatorial election) have been signed since the last general election. Any person who qualifies to vote in your municipality can sign the petition. Whether they actually voted in the last gubernatorial election is irrelevant. Also, the question or questions must be worded precisely as shown in 28-A M.R.S.A. §123.

Regarding the procedure that you should follow to conduct a legal election on a local option question, 28-A M.R.S.A. §121 requires that "the voting at elections held in towns and plantations shall be held and conducted in accordance with Title 30 sections 2061, 2062, and 2065..." (secret ballot elections, see now 30-A M.R.S.A. §§2528-2529, 2532) 30-A M.R.S.A.§ 2528(5) requires that a public hearing be held by the municipal officers on the subject of any article that is to be put to a referendum vote. The hearing must be held at least 10 days before the day for voting. Notice of the public hearing must be given by the municipal officers by posting a copy of the proposed article together with the time and place of the hearing in the same manner required for posting a warrant for a town meeting. A return must be made by the municipal officers on the original notice stating the manner of notice and the time when it was given. The purpose of the public hearing is to provide the municipality's citizens an opportunity to discuss the petitioned articles prior to the election. In this sense, the public hearing takes the place of the discussion that normally occurs at a town meeting when a motion is made to pass a specific article.

In addition to noticing and holding a public hearing, the municipal officers must call a special town meeting in the same manner that they call any other town meeting (see 30-A M.R.S.A. §§ 2521 and 2523). A town meeting must be called even if the voting is to be in conjunction with a statewide election. Since the voting on the petitioned articles will be done within the context of a town meeting, the first article on the warrant should call for the election of a moderator (30-A M.R.S.A. §2524[2]). Even if the only items on the warrant, other than the moderator's election, are referendum questions, a moderator must still be elected. Following his election, the moderator presides over the secret ballot election (see 30-A M.R.S.A. §2528[8] and [9]). What often happens in town meetings called specifically to vote on matters by secret ballot is that the moderator and a small number of the people, including the clerk, will show up at the time designated for the beginning of the town meeting, and those individuals will elect the moderator. The meeting will then be adjourned to the polls for voting on the secret ballot articles.

MMA has copies of warrants for use in secret ballot elections or liquor referendum elections. They are available on request.