McCaffrey v. Gartley

377 A.2d 1367, 1977 Me. LEXIS 371
CourtSupreme Judicial Court of Maine
DecidedOctober 3, 1977
StatusPublished
Cited by17 cases

This text of 377 A.2d 1367 (McCaffrey v. Gartley) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McCaffrey v. Gartley, 377 A.2d 1367, 1977 Me. LEXIS 371 (Me. 1977).

Opinions

GODFREY, Justice.

In accordance with section 18 of article IV, part 3, of the Maine Constitution, a duly initiated bill to repeal the uniform property tax was presented to the 108th Legislature at its first session.1 Where the Legislature does not enact an initiated bill without [1369]*1369change, section 18 provides that the bill shall be submitted to the electorate at a special election. By proclamation of the Governor, that special election will be held on December 5. If approved by the electorate, the bill would repeal outright four provisions of the state tax law establishing or relating to the uniform property tax and one cognate provision of the school funding law, and it would replace two particular provisions of the school funding law with a single new provision.

After receipt of the initiative bill, the 108th Legislature passed successively, as emergency legislation, two inconsistent measures2 each amending section 451(2) of the uniform property tax law. The earlier measure merely moved the annual deadline for the Legislature to set the uniform property tax rate from April 1 to April 14 of each year. The later measure, chapter 109, which called for a deadline of April 1, deleted a provision establishing the rate for the tax at 12.5 mills after June 30, 1977, and replaced it with a provision that the Legislature should set the rate in accordance with title 20, section 3747; i. e., to yield revenues not exceeding fifty per cent of the State’s basic education allocation as established by the Legislature.3 Later in the session it enacted, as section 131-A of chapter 564, “An Act to Make Additional Corrections of Errors and Inconsistencies in the Laws of Maine”, a measure repealing and replacing the same section as amended, of the uniform property tax law. Section 131-A again made April 14 the deadline for the Legislature to set the uniform property tax rate and provided, as chapter 109 had, that the Legislature would set the rate in accordance with title 20, section 3747. The statute to correct errors and inconsistencies in which the changes were included was emergency legislation, duly passed by two-thirds vote, and therefore, by virtue of section 16 of article IV, part 3, of the Maine Constitution, took effect immediately when approved by the Governor on July 23.4

The Secretary of State intends to include on the December 5 initiative ballot an option to vote for the amendment contained in section 131-A of the errors and inconsistencies act on the ground that it is a measure competing with the initiative bill. The result would be a ballot with three choices for the voters: to vote for the initiated bill, for the amendment enacted as section 131-A, or for the pre-1977 version of the statutory provisions that the initiated bill seeks to repeal.

Plaintiffs filed this action against the Secretary of State seeking a declaratory judgment that the proposed ballot fails to conform to certain requirements of the Maine Constitution. Plaintiffs allege that they are citizens of Maine who signed the initiating petitions, that they are voters entitled to vote on the question, and that they are owners of real property that is liable for payment of taxes assessed under the uniform property tax statutes. They assert that the 1977 amendments are not an “amended form” or “substitute” or “recommendation” of the Legislature that should go on the ballot as a competing measure under section 18 of article IV, part 3, of the constitution.5 They further assert that the [1370]*1370alleged failure to follow required procedures deprives them of their right to initiate legislation and have the measure presented “concisely and intelligibly” as required by section 20 of article IV, part 3, of the constitution.6 The case is before this court on report from the Superior Court, Kennebec County, pursuant to an expedited appeal, the Superior Court not having passed on the merits of the dispute.

Standing

This action brings before the Court the standing issue noted but not resolved in Kelly v. Curtis, 287 A.2d 426 (Me.1972). Although the Secretary of State has not questioned standing, the issue will still be considered on appeal. Nichols v. City of Rockland, 324 A.2d 295 (Me.1974).

[2] This Court must determine whether plaintiffs have “alleged such a personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which the court so largely depends for illumination of difficult constitutional questions”. Baker v. Carr, 369 U.S. 186, 204, 82 S.Ct. 691, 703, 7 L.Ed.2d 663, 678 (1962). Long before Baker v. Carr, the Supreme Court had acknowledged that a political interest, though shared with a large segment of the public, could serve in an otherwise appropriate case as a basis for standing. Smiley v. Holm, 285 U.S. 355, 52 S.Ct. 397, 76 L.Ed. 795 (1932); Coleman v. Miller, 307 U.S. 433, 59 S.Ct. 972, 83 L.Ed. 1385 (1939). The Maine Supreme Judicial Court, also, has recognized that a claimant asserting a political right may have standing. In Jones v. Maine State Highway Commission, 238 A.2d 226, 229 (Me.1968), we said,

“Plaintiff does not allege financial ‘damage,’ actual or threatened. The removal of tolls casts the financial responsibility of maintaining the bridge and retiring its bonds upon ‘the general highway fund,’ the source of which is not direct taxation (23 M.R.S.A. § 1651) and the effect of which upon him, plaintiff seems to concede is minimal. In the language of the day he alleges loss of a civil right, —the right to vote on the removal of the toll charges. If he has been wrongfully deprived of such right, it is a substantial loss and of recognized justiciability.”

In the present case, plaintiffs allege that as voters, property taxpayers, and signers of the initiative they have an interest in assuring the success of the initiative petition. They allege that they have a right under the Maine Constitution to have the question presented according to constitutional requirements and that those requirements include a provision in article IV, part 3, section 20, that the proposal be presented “concisely and intelligibly.” Finally, they claim that the Secretary of State’s plan will not meet those requirements and thus threatens the success of the petition. In these circumstances we must conclude that they have demonstrated the type of particularized interest in this controversy that assures that the issues will be litigated between parties having substantial, adverse interests.

The Merits

We come therefore to the merits of the controversy. The Secretary of State has taken the position that our decision in Farris ex rel. Dorsky v. Goss, 143 Me. 227, 60 A.2d 908

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McCaffrey v. Gartley
377 A.2d 1367 (Supreme Judicial Court of Maine, 1977)

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Bluebook (online)
377 A.2d 1367, 1977 Me. LEXIS 371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccaffrey-v-gartley-me-1977.