Jortner v. Secretary of State
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The Supreme Judicial Court held that Wayne Jortner, Richard Bennett, John Clark, and Nicole Grohoski (collectively, Jortner) met his burden to demonstrate that a ballot question for citizen-initiated legislation was not "understandable to a reasonable voter reading the question for the first time" and that it would mislead a reasonable voter under Me. Rev. Stat. 21-A, 905(2).
Jortner brought this action seeking judicial review of the Secretary of State's decision upon the final wording of the ballot question for the citizens' initiative proposing legislation entitled "An Act To Create the Pine Tree Power Company, a Nonprofit, Customer-owned Utility." At issue was whether Pine Tree Power Company should be described as "consumer-owned" rather than "quasi-governmental." The superior court entered judgment for Jortner. The Supreme Judicial Court affirmed, holding that the Secretary of State's use of the term "quasi-governmental" did not comply with her responsibilities to ensure that the description of the subject matter was understandable to a reasonable voter reading the question for the first time.
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