Maine Legislature, Session 121, LD 0426
Committee Amendment CA_A_H403 (House)
Amends: 21-A MRSA §673

COMMITTEE AMENDMENT "~,, to H.P. 334, L.D. 426, 
Act To Preserve the Integrity of the Voting Process" 
Bill, "An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 21·A MRSA §122, sub·§9, as enacted by PL 1991, c. 
466, §4, is amended to read: 
9. 
Regulation of reqistration monitors. 
Anyone who wishes 
to monitor the names and addresses of persons who are registering 
at the registrar's office or the clerk's office shall inform the 
registrar or clerk of t:heif' ~ 
intent. 
Anyone who wishes to 
monitor the names and addresses of persons who are registering at 
the polling place shall inform the registrar or clerk of that 
intent by submitting a written, signed statement containing the 
proposed monitor's name, address and intent. 
The registrar or 
clerk 
may 
designate 
a 
place 
where 
a 
person 
monitoring 
registrations may 
stand. 
The registrar or clerk shall then 
announce the name and address of individuals registering to vote 
in a loud and clear voice. 
A person monitoring registrations 
shall direct any questions the person has to the registrar or 
clerk. 
These questions must be limited to information pertinent 
to the qualifications of an individual to register. 
A person 
monitoring registrations may not ask questions of individuals 
waiting to register concerning their eligibility to vote. 
A 
polling place registration monitor may not handle or inspect 
registration 
cards, 
files 
or 
other 
materials 
used 
by 
the 
registrar or clerk except as provided in section 22. 
A monitor 
Page l-LR08l7(2) 
COMMITTEE AMENDMENT 
~-" 
COMMITTEE AMENDMENT" fJ, to H.P. 334, L.D. 426 
may not inhibit the work of the registrar or clerk. 
If the work 
of a registrar or clerk appears to be inhibited, the warden may 
request a reduction in the number of monitors present in the 
polling place. 
A registrar or 
clerk 
may 
require 
a 
person 
monitoring registrations who violates the provisions of this 
subsection to leave the building. 
Sec. 2. 21-A MRSA §673, sub-§l, as amended by PL 1997, c. 436, 
§96, is further amended to read: 
1. 
Bow made. 
The challenge must be made to the warden. 
The challenger must state in the form of a signed affidavit 
setting forth. 
under 
oath 
administered 
by 
the 
warden. 
the 
challenger's 
name, 
address. 
party affiliation. 
status 
as 
a 
registered voter in the municipality. 
the name of the voter 
challenged 
aBa--~&&-~~-~~--~he--eaalleB~e. the reason the 
particular individual being challenged may be ineligible to vote, 
the specific source of the information or personal knowledge upon 
which the challenge of the particular individual is based and a 
statement that the challenger understands that making a false 
statement on the affidavit is punishable under penalties of 
perjury. 
A. 
A voter may challenge another voter only upon personal 
knowledge 
or 
a 
reasonably 
supported 
belief 
that 
the 
challenged voter is unqualified. 
Only the following reasons 
for 
challenges 
may 
be 
accepted 
by 
the 
warden. 
The 
challenged person: 
(1) 
Is not a registered voter; 
(2) 
Is not enrolled in the proper party, if voting in 
a primary election; 
(3) 
Is not qualified to be a registered voter because 
the challenged person is not: 
(a) 
At least 18 years of age; 
(b) 
A citizen of the United States; or 
(c) 
A resident of the municipality or appropriate 
electoral district within the municipality: 
(4) 
Did not properly apply for an absentee ballot: 
(6) 
Did not properly complete the affidavit on the 
absentee return envelope: 
COMMITTEE AMENDMENT 
COMMITTEE lIMENDMENT .. ~. to B.P. 334, L.D. 426 
(7) 
Did not cast the ballot or complete the affidavit 
before the appropriate witness; 
(8) 
Communicated with someone as prohibited by section 
754-A, 
subsection 1, 
paragraph 
B or 
subsection 
3, 
paragraph B or D; 
(9) 
Did not have the ballot returned to the clerk by 
the time prescribed; 
(10) 
Voted using the name of another; 
(11) 
Committed any other specified violation of this 
Title; or 
(12) 
Voted using the wrong ballot for the appropriate 
electoral district. 
B. 
A challenge made must be made at the time the voter 
being challenged is checking in with the election clerk in 
charge of the 
incoming yoting list in accordance 
with 
section 671 but before that voter enters the voting booth, 
except that the registrar or clerk may complete a challenge 
affidavit under oath to the warden before or during election 
~ 
C. 
A challenge must be made against an absentee ballot 
after the name of the absentee yoter is announced by the 
warden or clerk in accordance with section 759 and before 
the ballot is placed into the ballot box or voting machine. 
D. 
The merits of a challenge may not be decided at the time 
the 
challenge 
is 
made« 
but 
only 
after 
the 
election 
consistent with the provisions of section 696. 
Sec. 3. 21-A MRS A §673, sub-§5 is enacted to read: 
5. 
Regulation of challengers and cballenges. 
A person 
challenging the right of another person to vote may not create a 
disturbance or obstruction and may not interfere with or delay 
the challenged voter's exercise of the right to vote once the 
challenge affidavit has been completed. 
A challenger other than 
a registrar, clerk or other election official may not handle or 
inspect registration cards or files or other materials used by 
the registrar or clerk except as provided in section 22.' 
SUMMARY 
This amendment: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. if· to H.P. 334. L.D. 426 
1. 
Outlines procedures for individuals wanting to monitor 
polling places; 
2. 
Requires a person challenging another person's right to 
vote to file an affidavit listing the reason for the challenge 
and the source of the reason; and 
3. 
Outlines duties and abilities of wardens to regulate 
the challenge procedure. 
COMMITTEE AMENDMENT