Full Text
Lewiston Code Chapter 32 CH 32:1 Chapter 32 ELECTIONS* Article I. In General Sec. 32-1. Wards described. Sec. 32-2. Write-in vote. Sec. 32-3. Validity of vote. Sec. 32-4. Voter approval required. Secs. 32-5--32-25. Reserved. Article II. Initiative and Referendum Sec. 32-26. Established. Sec. 32-27. How to invoke. Sec. 32-28. Form of petition. Sec. 32-29. Ordinances subject to initiative or referendum. Sec. 32-30. Number of votes required. Sec. 32-31. Submission to voters; municipal action eliminating an election. Sec. 32-32. Effective date after election. Sec. 32-33. Conflicting ordinances. Sec. 32-34. Order upon the ballot. Sec. 32-35. Amending and repealing matters enacted by the people. Sec. 32-36. Authority to submit question to a popular vote. Sec. 32-37. Publication required. Sec. 32-38. Form of ballot. Sec. 32-39. Ordinances not retroactive. Sec. 32-40. Additional ordinances authorized. Sec. 32-41. Authority of council to submit question for nonbinding vote. *Cross references: Administration, ch. 2. State law references: Municipal elections generally, 30-A M.R.S.A. § 2501 et seq. ---PAGE BREAK--- ELECTIONS Lewiston Code Chapter 32 CH 32:2 ARTICLE I. IN GENERAL Sec. 32-1. Wards described. The ward and precinct boundaries of the city are as follows: A. Map included. The wards and precincts of the city for all elections of the city shall be as shown on the map dated September 9, 2004, on file in the office of the city clerk. B. Narrative description of wards. The ward and precinct boundaries of the city shown on the map as enacted by this section are further described as follows: Ward one, precinct one: Beginning at the Androscoggin River and the Vietnam Veterans Memorial Bridge; thence in a general easterly direction along said bridge to Maine Central Railroad Tracks; thence in a general northerly direction along Maine Central Railroad Tracks to Strawberry Avenue; thence in an easterly direction along Strawberry Avenue to Main Street; thence in a general southerly direction along Main Street to Ware Street; thence in a general easterly direction along Ware Street to College Street; thence in a general southwesterly direction along College Street to Elm Street; thence in a general westerly direction along Elm Street to Oak Street; thence in a general southerly direction along Oak Street to Union Street; thence in a general westerly direction along Union Street to Main Street; thence in a general southwesterly direction along Main Street to Park Street; thence in a general southeasterly direction along Park Street to Ash Street; thence in a general southwesterly direction along Ash Street to Canal Street; thence in a general southeasterly direction along Canal Street to Cedar Street; thence in a general southwesterly direction along Cedar Street to Oxford Street; thence in a general northwesterly direction along Oxford Street to the Canal; thence in a general southwesterly direction along the Canal to the Androscoggin River; thence in a general northerly direction along said river to the point of beginning. Ward one, precinct two: Beginning at the Androscoggin River and the Vietnam Veterans Memorial Bridge; thence in a general easterly direction along said bridge to Maine Central Railroad Tracks; thence in a general easterly direction along said bridge to Maine Central Railroad Tracks; thence in a general northerly direction along Maine Central Railroad Tracks to Strawberry Avenue thence in an easterly direction along Strawberry Avenue to Main Street; thence in a general southerly direction along Main Street to Ware Street; thence in a general easterly direction along Ware Street to College Street; thence in a general northerly direction along College Street to Fair Street; thence in a general northwesterly direction along Fair Street to King Avenue; thence in a general northwesterly direction along King Avenue to Main Street; thence in a general northerly direction along Main Street to Maine Central Railroad Tracks; thence in a general northerly direction along the Maine Central Railroad Tracks to Stetson Road; thence in a general westerly direction along Stetson Road to Main Street; thence in a general northerly direction ---PAGE BREAK--- ELECTIONS Lewiston Code Chapter 32 CH 32:3 along Main Street to the Greene town line; thence in a general northwesterly direction along Greene Town Line to the Androscoggin River; thence in a general southerly direction along the Androscoggin River to the point of beginning. Ward two, precinct one: Beginning on Main Street at the Greene town line; thence in a general southeasterly direction along the Greene town line to Old Greene Road; thence in a general southerly direction along Old Greene Road to Sabattus Street; thence in a general westerly direction along Sabattus Street to Russell Street; thence in a general westerly direction along Russell Street to College Street; thence in a general northerly direction along College Street to Fair Street; thence in a general northwesterly direction along Fair Street to King Avenue; thence in a general northwesterly direction along King Avenue to Main Street; thence in a general northerly direction along Main Street to Maine Central Railroad Tracks; thence in a northerly direction along the Maine Central Railroad Tracks to Stetson Road; thence in a general westerly direction along Stetson Road to Main Street; thence in a general northerly direction along Main Street to the point of beginning. Ward two, precinct two: Beginning on Old Greene Road at the Greene town line; thence in a general southeasterly direction along the Greene town line to the Sabattus town line; thence in a general southerly direction along the Sabattus town line to Sabattus Street; thence in a general southwesterly direction along Sabattus Street to Golder Road; thence in a general northerly direction along Golder Road to Pond Road; thence in a general northerly direction along Pond Road to No Name Pond Road; thence in a general westerly direction along No Name Pond Road to Old Greene Road; thence in a general northerly direction along Old Greene Road to the point of beginning. Ward two, precinct three: Beginning on Owen Street at Jean Street; thence in a general southerly direction along Jean Street to Sabattus Street; thence in a general southwesterly direction along Sabattus Street to East Avenue; thence in a general northeasterly direction along East Avenue to Owen Street; thence in a general easterly direction along Owen Street to the point of beginning. Ward three, precinct one: Beginning on College Street at Campus Avenue; thence in a general northeasterly direction along College Street to Russell Street; thence in a general easterly direction along Russell Street to Lafayette Street; thence in a general southwesterly direction along Lafayette Street to Campus Avenue; thence in a general westerly direction along Campus Avenue to the point of beginning. Ward three, precinct two: Beginning on Park Street at Ash Street; thence in a general northwesterly direction along Park Street to Main Street; thence in a general northeasterly direction along Main Street to Union Street; thence in a general easterly direction along Union Street to Oak Street; thence in a general northerly direction along Oak Street to Elm ---PAGE BREAK--- ELECTIONS Lewiston Code Chapter 32 CH 32:4 Street; thence in a general easterly direction along Elm Street to College Street; thence in a general northerly direction along College Street to Campus Avenue; thence in a general easterly direction along Campus Avenue to Lafayette Street; thence in a general northeasterly direction along Lafayette Street to Russell Street; thence in a general easterly direction along Russell Street to East Avenue; thence in a general southerly direction along East Avenue to Tampa Street; thence in a general westerly direction along Tampa Street to Sylvan Avenue; thence in a general southerly direction along Sylvan Avenue to Webster Street; thence in a general westerly direction along Webster Street to Walnut Street; thence in a general southwesterly direction along Walnut Street to Bradley Street; thence in a general northwesterly direction along Bradley Street to Sabattus Street; thence in a general southwesterly direction along Sabattus Street to Bartlett Street; thence in a general southeasterly direction along Bartlett Street to Ash Street; thence in a general southwesterly direction along Ash Street to the point of beginning. Ward three, precinct three: Beginning on Walnut Street at Webster Street; thence in a general southwesterly direction along Walnut Street to Bradley Street; thence in a general northwesterly direction along Bradley Street to Sabattus Street; thence in a general easterly direction along Sabattus Street to Webster Street; thence in a general southeasterly direction along Webster Street to the point of beginning. Ward four, precinct one: Beginning on Connector Road at Sabattus Street; thence in a southerly direction along Connector Road to Farwell Street; thence in a southerly direction along Farwell Street to Webster Street; thence in a general southeasterly direction along Webster Street to 592 Webster Street; thence in a general northeasterly direction from 592 Webster Street to the Right of Way to Pagoma Lane; thence in a general northeasterly direction along Pagoma Lane to Randall Road; thence in a northerly direction along Randall Road to Sabattus Street; thence in a general westerly direction along Sabattus Street to the point of beginning. (10) Ward four, precinct two: Beginning on Old Greene Road at Randall Road; thence in a general northeasterly direction along Old Greene Road to No Name Pond Road; thence in a general easterly direction along No Name Pond Road to Pond Road; thence in a general southerly direction along Pond Road to Sabattus Street; thence in a general westerly direction along Sabattus Street to Grove Street; thence in a general southeasterly direction along Grove Street to Pond Road; thence in a general southerly direction along Pond Road to Webster Street; thence in a general westerly along Webster Street to 592 Webster Street; thence in a general easterly direction from 592 Webster Street to the Right of Way to Pagoma Lane; thence in a general northerly direction along Pagoma Lane to Randall Road; thence in a general northerly direction along Randall Road to the point of beginning. (11) Ward five, precinct one: Beginning on Webster Street at Walnut Street; thence in a general southeasterly direction along Webster Street to East ---PAGE BREAK--- ELECTIONS Lewiston Code Chapter 32 CH 32:5 Avenue; thence in a general southerly direction along East Avenue to Bartlett Street; thence in a general northwesterly direction along Bartlett Street to Adams Avenue; thence in a general southerly direction along Adams Avenue to Knox Street; thence in a general northwesterly direction along Knox Street to Birch Street; thence in a general southwesterly direction along Birch Street to Park Street; thence in a general northwesterly direction along Park Street to Ash Street; thence in a general northeasterly direction along Ash Street to Bartlett Street; thence in a general northwesterly direction along Bartlett Street to Sabattus Street; thence in a general easterly direction along Sabattus Street to Bradley Street; thence in a general southeasterly direction along Bradley Street to Walnut Street; thence in a general northeasterly direction along Walnut Street to the point of beginning. (12) Ward five, precinct two: Beginning on Webster Street at Sylvan Avenue; thence in a general easterly direction along Webster Street to Farwell Street; thence in a general northeasterly direction along Farwell Street to Connector Road; thence in a general northerly direction along Connector Road to Sabattus Street; thence in a general westerly direction along Sabattus Street to East Avenue; thence in a general southwesterly direction along East Avenue to Tampa Street; thence in a general westerly direction along Tampa Street to Sylvan Avenue; thence in a general southwesterly direction along Sylvan Avenue to the point of beginning. (13) Ward six, precinct one: Beginning at Lisbon Street and Cassell Street; thence in a general easterly direction along Lisbon Street to Interstate 495; thence in a general easterly direction along Interstate 495 to the Sabattus town line; thence in a general northerly direction along the Sabattus town line to Sabattus Street; thence in a general westerly direction along Sabattus Street to Golder Road; thence in a general northerly direction along Golder Road to Pond Road; thence in a general southerly direction along Pond Road to Sabattus Street; thence in a general westerly direction along Sabattus Street to Grove Street; thence in a general southeasterly direction along Grove Street to Pond Road; thence in a general southerly direction along Pond Road to Webster Street; thence in a general westerly direction along Webster Street to Alfred A. Plourde Parkway; thence in a southerly direction along Alfred A. Plourde Parkway to Mitchell Street; thence in a general southerly direction along Mitchell Street to Pleasant Street; thence in a westerly direction along Pleasant Street to Cassell Street; thence in a general southerly direction along Cassell Street to the point of beginning. (14) Ward six, precinct two: Beginning on Gully Brook at Lisbon Street; thence in a general southwesterly direction along Gully Brook to the Androscoggin River; thence in a general southerly direction along the Androscoggin River to the Lisbon Town Line; thence in a general northerly direction along the Lisbon Town Line to the Sabattus Town Line; thence in a general northerly direction along the Sabattus Town Line to Interstate 495; thence in a general southwesterly direction along ---PAGE BREAK--- ELECTIONS Lewiston Code Chapter 32 CH 32:6 Interstate 495 to Lisbon Street; thence in a general westerly direction along Lisbon Street to the point of beginning. (15) Ward seven, precinct one: Beginning on Webster Street at Webber Avenue; thence in a general southeasterly direction along Webster Street to Alfred A Plourde Parkway; thence in a general southwesterly direction along Alfred A Plourde Parkway to Mitchell Street; thence in a general southwesterly direction along Mitchell Street to Pleasant Street; thence in a general westerly direction along Pleasant Street to Webber Avenue; thence in a general northeasterly direction along Webber Avenue to the point of beginning. (16) Ward seven, precinct two: Beginning on Webster Street at East Avenue; thence in a general southeasterly direction along Webster Street to Webber Avenue; thence in a general southerly direction along Webber Avenue to Pleasant Street; thence in a general easterly direction along Pleasant Street to Cassell Street; thence in a general southerly direction along Cassell Street to Lisbon Street; thence in a general westerly direction along Lisbon Street to Gully Brook; thence in a general southerly direction along Gully Brook to the Androscoggin River; thence in a general northwesterly direction along the Androscoggin River to the Canal; thence in a general easterly direction toward Oxford Street; thence in a general southerly direction along Oxford Street to Cedar Street; thence in a general easterly direction along Cedar Street to the Canal Street; thence in a general northerly direction along Canal Street to the Ash Street; thence in a general easterly direction along Ash Street to Park Street; thence in a general southerly direction along Park Street to Birch Street; thence in a general easterly direction along Birch Street to Knox Street; thence in a general southerly direction along Knox Street to Adams Avenue; thence in a general easterly direction along Adams Avenue to Bartlett Street; thence in a general southeasterly direction along Bartlett Street to East Avenue; thence in a general northerly direction along East Avenue to the point of beginning. C. Conflicts between map and description. In the event of any conflict between the above map and the preceding description, the map provision shall control. (Code 1982, § 9-1; Ord. No. 93-10, § 9-1, 7-1-93; Ord. No. 93-14, § 9-1, 8-19-93; Ord. No. 04-22, 9-9- 04) Sec. 32-2. Write-in vote. If a voter wishes to vote for a person whose name is not on the ballot, he shall write the full name and street address in the blank space provided at the end of the list of nominees for the office in question, with the surname first or last. The voter shall then complete the arrow at the right of the name. (Code 1982, § 9-3) Sec. 32-3. Validity of vote. If a voter marks his ballot or casts a write-in vote in a manner which differs from the ---PAGE BREAK--- ELECTIONS Lewiston Code Chapter 32 CH 32:7 instructions at the top of the ballot, but in such a manner that it is possible to determine the voter's choice, then the vote for the office or question concerned shall be counted. (Code 1982, § 9-4) Sec. 32-4. Voter approval required. No local tax monies shall be spent to build a convention center or civic center in the City of Lewiston. The construction of a convention center or civic center shall not be funded through the city's general budget, general obligation bonds, and/or community development block grants unless approved by the voters at a regular or special municipal election. (Ord. No. 98-10, 11-5-98) Secs. 32-5--32-25. Reserved. ARTICLE II. INITIATIVE AND REFERENDUM Sec. 32-26. Established. Initiative and referendum for the electors of the city in regard to its municipal affairs are hereby established in accordance with article 4, part 3, section 21, of the state constitution. (Code 1982, § 9-18) Sec. 32-27. How to invoke. The submission to the vote of the people of any proposed or enacted ordinance, order or resolve, or question, may be accomplished by the presentation of a petition therefor to the council in the manner provided in this article. Any ten qualified voters of the city may originate a petition putting in operation the initiative or the referendum by signing a petition application at the office of the city clerk. Whenever requested by ten such voters, the clerk shall prepare the proper petition with a copy of the ordinance, order or resolve to be submitted attached thereto, and upon its being signed by the ten voters, the clerk shall issue the petition forms to the ten voters and upon the request of any registered voter within the city, who shall for 60 days thereafter collect signatures of qualified voters of the city. Any signatures collected outside of the 60-day period shall be deemed invalid. Prior to the close of business on the 60th day, or in the event said day is a nonbusiness day, the immediate next business day, the petition forms shall be submitted to the city clerk, the city clerk shall declare the petition closed, shall verify the signatures on the petition within ten business days, and shall at the first regular meeting of the council thereafter present the petition with verification of the number of valid signatures thereto attached to the council. If the number of valid signatures to such petition shall amount to seven percent of the number of votes cast in the City of Lewiston at the last gubernatorial election or greater, the council shall order that the question proposed in the petition be submitted to the voters of the city at the next available, scheduled election following. Provided, that in the case of the referendum, the entire repeal of the ordinance, order or resolve sought to be referred, and in the case of the initiative, the passage by the council of the desired ordinance, order or resolve, shall put an end to all proceedings under the petition. ---PAGE BREAK--- ELECTIONS Lewiston Code Chapter 32 CH 32:8 (Code 1982, § 9-19; Ord. No. 08-01, 7-10-08) Sec. 32-28. Form of petition. The petition used to originate the initiative or the referendum shall be substantially in the following terms: PETITION TO THE CITY COUNCIL FOR THE SUBMISSION TO THE PEOPLE OF THE QUESTION Shall the ordinance, order, resolve or question, a copy of which is hereunto attached, be adopted? We, the undersigned, are duly qualified voters of the City of Lewiston, residing respectively at the addresses placed opposite our names, and we hereby petition the city council to submit the foregoing question to the voters of the City of Lewiston at the next regular municipal election. Names Residence Date (Code 1982, § 9-20; Ord. No. 08-01, 7-10-08) Sec. 32-29. Ordinances subject to initiative or referendum. Initiatives and referendums are permitted on all ordinances, orders and resolves pertaining to the policing power authority of the council to regulate, govern and enforce all legislative matters on the municipal level regarding the health, safety and welfare of the general public, such as, but not limited to zoning, licensing, noise, traffic, solid waste, animals and other related issues. Any resolve dealing with appropriations or orders or resolves dealing with tax levy or budgetary matters shall be subject to the ordinance from which this section derives for the next fiscal year following the successful passage by the voters. No ordinance, order or resolve dealing with terms and conditions of employment for city employees shall be subject to the initiative and referendum provisions contained in this article. (Ord. No. 08-01, 7-10-08) Sec. 32-30. Number of votes required. Whenever a petition has been originated in accordance with the provisions of this article for the reference to the people of any ordinance, order, resolve or question passed by the council, and the required number of valid signatures has been obtained thereon for its presentation to the council, the same shall be suspended from going into operation until it has been submitted to a vote of the people and has received the affirmative vote of a majority of the voters on such question, unless otherwise restricted in section 32-29. (Code 1982, § 9-21; Ord. No. 08-01, 7-10-08) ---PAGE BREAK--- ELECTIONS Lewiston Code Chapter 32 CH 32:9 Sec. 32-31. Submission to voters; municipal action eliminating an election. When an initiative or referendum petition meeting the requirements of this article is presented by the city clerk, the city council shall order that the proposed or referred ordinance, order, resolve or question be submitted to the voters of the city at the next available, scheduled election following if not otherwise earlier authorized by a special election, unless the city council proceeds to repeal the ordinance, order, resolve or question in the case of a referendum, or to pass the desired ordinance, order, resolve or question in the case of the initiative. (Code 1982, § 9-22; Ord. No. 08-01, 7-10-08) Sec. 32-32. Effective date after election. If a majority of the qualified voters voting on a proposed initiative ordinance, order, resolve or question or a referred ordinance, order, resolve or question shall vote in favor thereof, such ordinance, order, resolve or question shall take effect upon the declaration of the official canvass of the return of such election and the mayor shall forthwith make proclamation thereof. (Code 1982, § 9-23; Ord. No. 08-01, 7-10-08) Sec. 32-33. Conflicting ordinances. Any number of proposed or referred ordinances, orders, resolves or questions may be voted upon at the same election. If two or more ordinances, orders, resolves or questions adopted at the same election shall contain conflicting provisions, the ordinance, order, resolve or question receiving the highest number of votes at such election shall be paramount and all questions of construction shall be determined accordingly. (Code 1982, § 9-24; Ord. No. 08-01, 7-10-08) Sec. 32-34. Order upon the ballot. If two or more ordinances, orders, resolves or questions are submitted at the same election, they shall be placed upon the ballot in the order of the priority of the filing of the respective petitions and shall be given precedence upon the ballot over any and all questions submitted by the council on its own initiative. (Code 1982, § 9-25; Ord. No. 08-01, 7-10-08) Sec. 32-35. Amending and repealing matters enacted by the people. An ordinance, order, resolve or question proposed by petition or adopted by vote of the people shall not be repealed or amended except by a vote of the people, unless such ordinance, order, resolve or question shall otherwise expressly provide. (Code 1982, § 9-26; Ord. No. 08-01, 7-10-08) Sec. 32-36. Authority to submit question to a popular vote. The council may submit on its own initiative a proposition for the enactment, repeal or amendment of any ordinance, order, resolve or question except as otherwise provided in this article, to be voted upon at a regular or special city election, and should such proposition receive ---PAGE BREAK--- ELECTIONS Lewiston Code Chapter 32 CH 32:10 a majority of the votes cast thereon at such election, such ordinance, order, resolve or question shall be enacted, repealed or amended accordingly. (Code 1982, § 9-27; Ord. No. 08-01, 7-10-08) Editor's note: Lewiston voters accepted this ordinance, that was passed by the council, at an election held on Feb. 17, 1947. State law references: City council's authority to establish the initiative and referendum, the Maine Constitution, art. IV, § 21. Sec. 32-37. Publication required. Whenever any ordinance, order, resolve or question is required by the provisions of this article to be submitted to the voters of the city, the city council shall order one publication of the complete text thereof to be made in the daily newspapers published in the city, such publication to be made not less than seven days, nor more than 15 days prior to the election. (Code 1982, § 9-30; Ord. No. 08-01, 7-10-08) Sec. 32-38. Form of ballot. The ballots used when voting upon proposed ordinances, orders, resolves or questions shall set forth the title in full and state its general nature and shall contain the words: "For the ordinance, order, resolve or question" and "Against the ordinance, order, resolve or question". (Code 1982, § 9-31; Ord. No. 08-01, 7-10-08) Sec. 32-39. Ordinances not retroactive. All ordinances, orders, resolves or questions and parts thereof which are hereafter repealed through the initiative and referendum provided for in this article shall remain in force for the trial and punishment of all past violations of them and for the recovery of penalties and forfeitures already incurred and for the preservation of all rights and remedies existing by them and, so far as they apply, to any office, trust, proceeding, right, contract or event already affected by them. (Code 1982, § 9-29; Ord. No. 08-01, 7-10-08) Sec. 32-40. Additional ordinances authorized. The council shall, by ordinance, make such further regulations as may be necessary to carry out the provisions of this article. (Code 1982, § 9-28; Ord. No. 08-01, 7-10-08) Sec. 32-41. Authority of council to submit question for nonbinding vote. The council may submit to the electorate on its own initiative a nonbinding question, to determine the collective views of the voters, to be voted upon at a regular or special city election. Such question shall be entitled on the Ballot "Nonbinding Question To Voters" and the vote thereon shall not be binding upon the council. The city clerk shall report to the council the results of such vote at the next council meeting occurring at least ten days after the date of such election. Such question shall not be subject to sections 32-26 through 32-36 or 32-38. (Ord. No. 01-15, 10-4-01; Ord. No. 08-01, 7-10-08)