Fair Elections Portland, Inc. v. City of Portland
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The Supreme Judicial Court vacated the judgment of the superior court affirming the Portland City Council's decision not to submit to voters a citizen-initiated ballot question proposing a change to the City of Portland's charter, holding that remand was required.
Five Portland voters initiated the process for circulating a petition in support of placing a proposed amendment to Portland's charter on an upcoming municipal ballot. After a sufficient number of signatures for the measure were obtained a public hearing was held. The City Council voted not to put the measure to the voters as a charter amendment. The superior court affirmed the City Council's decision. The Supreme Judicial Court vacated the superior court's judgment, holding (1) the Home Rule Act authorizes municipal officers to review a proposed charter modification to determine whether it constitutes a revision rather than an amendment; and (2) the City Council failed to make findings of fact to explain its decision and enable appellate review.
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