Secretary Gwadosky Announces Sufficient Valid Signatures

For Immediate Release
February 25, 2003
Contact: Dan A. Gwadosky
207-626-8400

Two Additional Citizen Initiatives Validated by Secretary of State

AUGUSTA--Secretary of State Dan A. Gwadosky ruled today that sufficient valid signatures were filed in petitions for the Maine Tribal Gaming Act and An Act to Allow Slot Machines at Commercial Horse Racing Tracks.

"The determinations we are announcing today are based upon a careful and systematic review of all aspects of the petition circulating process," stated Secretary Gwadosky. "An incredible amount of staff time has gone into reviewing all three petitions filed with our office by the January 23, 2003 deadline. In the past month, we have reviewed a total of over 250,000 signatures filed by three different citizen initiative groups," continued Secretary Gwadosky. "Today, we will be referring the two final initiatives and their corresponding legislation to the Maine Legislature, as required by the Constitution."

The direct initiative process is set forth in the Maine Constitution and allows citizens to propose bills for consideration by the Legislature through the petition process. Petitioners seeking to utilize this democratic process must collect signatures of Maine voters that represent 10% of the total number of votes cast in the last gubernatorial election. Currently, this figure is 50,519. If the Legislature does not adopt the initiative as presented, then it will be automatically placed on the November 2003 ballot.

The following question will be put before the voters regarding the Maine Tribal Gaming Act, unless the Legislature adopts the initiated legislation during its current legislative session:

"Do you want to allow a casino to be run by the Passamaquoddy Tribe and Penobscot Nation if part of the revenue is used for state education and municipal revenue sharing?"
Maine Tribal Gaming Act Summary of Signatures Determined Valid/Invalid
Initially submitted	68,439
Excluded by local officials	9,207
Excluded by the Secretary of State	7,567
Total valid signatures	51,665

Total needed for approval	50,519

The following question will be put before the voters regarding An Act to Allow Slot Machines at Commercial Horse Racing Tracks, unless the Legislature adopts the initiated legislation during its current legislative session:

"Do you want to allow slot machines at certain commercial horse racing tracks if part of the proceeds are used to lower prescription drug costs for the elderly and disabled, and for scholarships to the state universities and technical colleges?"
An Act to Allow Slot Machines at Commercial Horse Racing Tracks Summary of Signatures Determined Valid/Invalid
Initially submitted	81,794
Excluded by local officials	14,337
Excluded by the Secretary of State	10,876
Total valid signatures	56,581

Total needed for approval	50,519

A copy of the Determination of Validity for each petition is attached and provides a breakdown on the signatures that were deemed invalid.

Three petitions were filed with the Secretary of State's Office by the January 23, 2003 deadline for inclusion on the November 4, 2003 ballot. A Determination of Validity on the School Finance and Tax Reform Act of 2003 was issued last week indicating that sufficient valid signatures had been filed for that citizen initiative.

STATE OF MAINE
OFFICE OF THE SECRETARY OF STATE

DETERMINATION OF THE VALIDITY
OF A PETITION FOR INITIATED LEGISLATION ENTITLED:

"The Maine Tribal Gaming Act"

1. On January 23, 2003, petitions containing 68,439 signatures were submitted to the Secretary of State pursuant to the Constitution of Maine, Article IV, Part Third, Section 18 on behalf of the initiated legislation entitled, "The Maine Tribal Gaming Act".

2. Following a review of the petitions I find the following signatures to be invalid for the following reasons:

A.	9,207 signatures are invalid because they were not certified by the registrar as belonging to a registered voter in that municipality.
B.	3,434 signatures are invalid because the notary was not qualified as a notary at the time the oath was made or because the circulator's oath was not complete.
C.	2,056 signatures are invalid because they are duplicates of signatures already counted.
D.	791 signatures are invalid because the circulators collected signatures prior to becoming registered to vote in the State of Maine.
E.	456 signatures are invalid because the petitioner failed to provide a signature.
F.	246 signatures are invalid because the petitioner dated his or her signature after the date of the circulator's oath before the notary.
G.	244 signatures are invalid because the registered voter's signature was made by another.
H.	111 signatures are invalid because the circulator was not registered to vote in the State of Maine.
I.	94 signatures are invalid because the certification of the registrar was not completed.
J.	90 signatures are invalid because of material alterations to the petition.
K.	45 signatures are invalid because the petition was not on the approved form.

3. For the reasons set forth above, I find that 16,774 signatures are invalid. Petitioners have therefore submitted 51,665 valid signatures. The number of signatures required to determine the petition to be valid is 50,519. Because the number of valid signatures exceeds the required number by 1,146 signatures, I find the petition to be valid.

Dated: February 25, 2003

_______________________________
Dan A. Gwadosky
Secretary of State

STATE OF MAINE
OFFICE OF THE SECRETARY OF STATE

DETERMINATION OF THE VALIDITY
OF A PETITION FOR INITIATED LEGISLATION ENTITLED:

"An Act to Allow Slot Machines at Commercial Horse Racing Tracks"

1. On January 23, 2003, petitions containing 81,794 signatures were submitted to the Secretary of State pursuant to the Constitution of Maine, Article IV, Part Third, Section 18 on behalf of the initiated legislation entitled, "An Act to Allow Slot Machines at Commercial Horse Racing Tracks".

2. Following a review of the petitions I find the following signatures to be invalid for the following reasons:

A.	14,337 signatures are invalid because they were not certified by the registrar as belonging to a registered voter in that municipality.
B.	6,313 signatures are invalid because the circulator's status as a resident of the State of Maine could not be confirmed.
C.	3,344 signatures are invalid because they are duplicates of signatures already counted.
D.	306 signatures are invalid because the circulators collected signatures prior to becoming registered to vote in the State of Maine.
E.	230 signatures are invalid because the notary was not qualified as a notary at the time the oath was made or because the circulator's oath was not complete.
F.	214 signatures are invalid because the petitioner failed to provide a signature.
G.	202 signatures are invalid because the registered voter's signature was made by another.
H.	113 signatures are invalid because the petitioner dated his or her signature after the date of the circulator's oath before the notary.
I.	98 signatures are invalid because of material alterations to the petition.
J.	30 signatures are invalid because the circulator was not registered to vote in the State of Maine.
K.	15 signatures have been determined invalid due to a counting error by the registrar.
L.	10 signatures are invalid because the certification of the registrar was not completed.
M.	1 signature is invalid because the petition was not on the approved form.

3. For the reasons set forth above, I find that 25,213 signatures are invalid. Petitioners have therefore submitted 56,581 valid signatures. The number of signatures required to determine the petition to be valid is 50,519. Because the number of valid signatures exceeds the required number by 6,062 signatures, I find the petition to be valid.

Dated: February 25, 2003

_______________________________
Dan A. Gwadosky
Secretary of State