Maine Legislation

The Portland City Attorney has identified the following legislation as relevant to Portland’s efforts to reinstate immigrant voting rights:

Portland City Charter

Article IV Section 11 of the City Charter. The laws of the state relating to the qualifications of electors, registration, the manner of voting, the duties of election officials, and all other particulars in respect to preparation for conducting and managing elections, so far as they may be applicable, shall govern all municipal elections in the City of Portland, except as otherwise provided herein.

(This section of the City Charter will have to be amended to provide an exception in the case of resident immigrants to the State law.)

State Statute

30-A M.R.S.A. § 2501(2). Qualifications for voting. The qualifications for voting in a municipal election conducted under this Title are governed solely by Title 21-A, section 111.

(Because of its reference to Title 21-AS § 111, this section requires someone to be a U.S. citizen in order to vote in municipal elections and thus would have to be amended)

Maine’s Home Rule Power

Power of municipalities to amend their charters Section 1. The inhabitants of any municipality shall have the power to alter and amend their characters on all matters, not prohibited by Constitution or general law, which are local and municipal in character. The Legislature shall prescribe the procedure by which the municipality may so act.

Last updated September 11, 2004