An Act To Amend the Election Laws
Maine Legislature, Session 121, LD 1548
Committee: Legal and Veterans Affairs
Sponsors: CLARK, GAGNON, MOORE, PATRICK, MA YO
Amends: 21-A MRSA §1, 21-A MRSA §23, 21-A MRSA §115, 21-A MRSA §122, 21-A MRSA §307, 21-A MRSA §337, 21-A MRSA §354, 21-A MRSA §673, 21-A MRSA §674, 21-A MRSA §682, 21-A MRSA §698, 21-A MRSA §737-A, 21-A MRSA §753-A, 21-A MRSA §753-B, 21-A MRSA §756, 21-A MRSA §860

Legislative Document 
No. 1548 
H.P.1134 
House of Representatives, April 10, 2003 
An Act To Amend the Election Laws 
Submitted by the Secretary of State pursuant to Joint Rule 204. 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative CLARK of Millinocket. 
Cosponsored by Senator GAGNON of Kennebec and 
77/~/J?·mc~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: MOORE of Standish, PATRICK of Rumford, Senator: MA YO of Sagadahoc. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 21-A MRSA §1, sub-§I-A is enacted to read: 
I-A. 
Affidavit. 
"Affidavit" with respect to an absentee 
ballot envelope means the portion of the envelope that includes 
the voter's signature. 
the aide certificate and the witness 
certificate. 
Sec. 2. 21-A MRSA §1, sub-§7, as enacted by PL 1985, c. 161, 
§6, is amended to read: 
7. 
Challenqed ballot. 
"Challenged ballot" means a ballot 
cast by one whose eligibility to vote has been questioned during 
election day. 
Sec.3. 21-A MRSA §1, sub-§48-A is enacted to read: 
48-A. 
Voting indicator. 
"Voting indicator" means the space 
provided for marking a vote in accordance with a particular type 
of ballot. 
Sec. 4. 21-A MRSA §23, sub-§14, as amended by PL 1997, c. 436, 
§ll, is further amended to read: 
14. 
Destruction of records. 
After the records and other 
materials have been kept for the required period, they may be 
destroyed. 
Posted 
notices, 
sample 
ballots 
and 
instruction 
posters may be destroyed as soon as the election to which they 
pertain is past. 
Ballots must be destroyed using a method that 
makes the contents unreadable. 
Sec. 5. 21-A MRSA §115, sub-§2, as amended by PL 1995, c. 459, 
§13, is further amended to read: 
2. 
Votinq restricted to district. 
In a municipality that 
has voting districts, a voter maYT-~~e~~-~~~~-~&-seetiaB 
96Q T 
vote using only the ballot or ballots for the district in 
which the voter resides on election day. 
Sec. 6. 21-A MRSA §122, sub-§7, ,A, as enacted by PL 1985, c. 
307, §1, is amended to read: 
A. 
The 
registrar 
shall, 
after 
finding 
an 
applicant 
qualified, issue a certificate eBtit~iB~ requiring the vate~ 
yoter's name to be 
p~aeeEl written on the original or any 
supplemental voting list at the voting place on election 
day. The certificate must be attached to. or included with. 
the yoting list and sealed as provided in section 698. 
Only 
Page l-LR1937(1) 
one certificate may be iss~ee-~e-aRy-peE6eR recorded for any 
voter at an election; or 
Sec. 7. 21-A MRSA §122, sub-§7, tn, as amended by PL 1997, c. 
436, §23, is further amended to read: 
B. 
The 
registrar 
shall, 
after 
finding 
the 
applicant 
qualified, 
plaee--&A&-~-~--~~-¥e~eE6--eR add 
the 
voter's name to the voting list or eR a supplemental voting 
list. 
Before the polls are opened, 
the registrar shall 
deliver the voting list and the supplemental list or lists 
to the clerk. The inclusion of a person's name on these 
lists will entitle the applicant to vote on election day. 
All references in this Title to the use of the voting list 
before, during and after election day are considered to 
include the supplemental voting list or lists as provided in 
this paragraph. 
Sec. 8. 21-A MRSA §307, sub-§3, as amended by PL 1999, c. 450, 
§11, is further amended to read: 
3. 
Use established party's designation. 
Incorporate the 
designation or an abbreviation of the designation of a party that 
is qualified to participate in a primary or general election 
under section 301; aRe 
Sec. 9. 21-A MRSA §307, sub-§4, as enacted by PL 1999, c. 450, 
§12, is amended to read: 
4. 
Use 
independent designation. 
Consist 
of 
the 
word 
"independent" without another descriptive word or words. 
The 
designation" independent," without another descriptive word or 
words, is reserved for use by candidates that are not enrolled in 
any qualified or proposed partYT~ 
Sec. 10. 21-A MRSA §307, sub-§5 is enacted to read: 
5. 
Use 
obscene 
designation. 
Consist 
of 
or 
comprise 
language that is obscene or violates any other provision of the 
laws of this State with respect to names. 
Sec. 11. 21-A MRSA §337, sub-§2, tJ), as enacted by PL 1985, c. 
161, §6, is amended to read: 
D. 
A challenger or a candidate may appeal the decision of 
the Secretary of State by 
commencing 
an action in the 
Superior Court. 
This action saall ~ 
be conducted in 
accordance with the Maine Rules of Civil Procedure, Rule 898 
80C, except as modified by this section. 
This action must 
be commenced within 5 days of the date of the decision of 
the Secretary of State and shall ~ 
be tried, without a 
jury, within 10 days of the date of that decision. 
Upon 
timely application, anyone may intervene in this action when 
the applicant claims an interest relating to the subject 
matter of the petitions, unless the applicant's interest is 
adequately represented by existing parties. 
The court shall 
issue a written decision containing its findings of fact and 
conclusions of law and setting forth the reasons for its 
decision within 20 days of the date of the decision of the 
Secretary of State. 
Sec. 12. 21-A MRSA §354, sub-§I, as amended by PL 1997, c. 
436, §50, is further amended to read: 
1. 
Content. 
A nomination petition must contain the name of 
only one 
candidate, 
the candidate's place of 
residence, 
the 
office sought and electoral division. A nomination petition may 
contain as many separate papers as necessary and may contain the 
candidate's consent required by section 355. 
It may also contain 
the candidate's political designationT-whieh. 
This designation 
may not exceed 3 words in length, 
aBe may not incorporate the 
candidate's nameT or the designation or an abbreviation of the 
designation of a party that is qualified to nominate candidates 
by primary election and may not consist of or comprise language 
that is obscene or violates any other provision of the laws of 
this State with respect to names. 
A candidate who intends to 
form 
a 
new party about that person's candidacy must use the 
proposed party's designation. 
A. 
When 2 United States Senators or 2 county commissioners 
are to be nominated, the nomination petition must contain 
the term of office sought by the candidate. 
B. 
The names of presidential electors must be placed on the 
petition as 
a 
slate. 
The 
names 
of 
the 
candidates 
for 
President and Vice President must be placed on a petition 
for the nomination of presidential electors. 
Sec. 13. 21-A MRSA §673, sub-§I, 1JA, as amended by PL 1997, c. 
436, §96, is further amended to read: 
A. 
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; 
(3 A) 
Registered to vote during the closed period or 
on election day and did not provide satisfactory proof 
of identity and residency to the registrar pursuant to 
section 121, subsection 1 A: 
(4) 
Did not properly apply for an absentee ballot; 
(6) 
Did not properly complete the affidavit on the 
absentee return envelope; 
(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 or political party, if applicable. 
Sec. 14. 21-A MRSA §674, sub-§2, ,A, as repealed and replaced 
by PL 1993, c. 473, §18 and affected by §46, is amended to read: 
A. 
Assists another person in voting, knowing that the other 
person is not eligible to vote~-eF~ 
Sec. 15. 21-A MRSA §674, sub-§2,~, as repealed and replaced 
by PL 1993, c. 473, §18 and affected by §46, is repealed. 
Sec. 16. 21-A MRSA §682, sub-§3, as amended by PL 1995, c. 
459, §62, is further amended to read: 
3. 
Advertisinq prohibited. 
A person may not display any 
advertising material, operate any advertising medium, including a 
sound amplification device, or distribute campaign literature, 
posters, palm cards, buttons, badges or stickers containing a 
candidate's name or otherwise intending to influence the opinion 
of any voter within 250 feet of the entrance to either the voting 
place or the registrar's office. 
The term "sound amplification 
device" 
includes, 
but 
is 
not 
limited 
to, 
sound 
trucks, 
loudspeakers and blowhorns. 
Pa~EY-~~~~~-9~aeFs-wfie-~~~-~&-~he-~~~~~-9HEsiae 
~he-~Qa~~~~-~~~-may--B9E--~se-~it~~-~~-ve~4£~--plaee 
eellHla~--pa9Besr-~~r-~~-~--~~--pa~~£--9~--similaF 
aeviees--~~--ma~~--Be~se--~---aI19w---G~~~--~~~--veiee 
eemmHBieaEi9B-~it~~-~~-¥9~i~-~~---~he-~~&-~-eHempE 
eleeEieB--9ff4e4aI6--a£e--~~-~~~-~--as--EmeF~eBey 
Meaieal-~eehBieiaBs-aBa-peliee-fFem-Ehis-p~evisieBT 
A. 
This subsection does not apply to advertising material 
on automobiles traveling to and from the voting place. 
It 
does not prohibit a person from passing out stickers at the 
voting place to be pasted on 
the ballot at a 
primary 
election. 
It does not prohibit a person who is at the polls 
solely for the purpose of voting from wearing a campaign 
button when the longest dimension of the button does not 
exceed 3 inches. 
B. 
A person who knowingly engages in activities prohibited 
by this section commits a Class E crime. 
C. 
Nonpolitical 
charitable 
activities 
and 
other 
nonpolitical advertising may be allowed at the discretion of 
the clerk if arrangements are made prior to election day. 
If arrangements are not made in advance of election day, the 
warden may, at the warden's discretion, either allow or 
prohibit 
nonpolitical 
charitable 
activities 
and 
other 
nonpolitical advertising. 
Sec. 17. 21-A MRSA §682, sub-§4 is enacted to read: 
4. 
Devices for audible cOllllllunication. 
Party workers and 
others may not use cellular phones, 
voice pagers or similar 
devices to make audible voice communication within the voting 
place that is in violation of subsection 2. 
Sec. 18. 21-A MRSA §698, sub-§2-A, as amended by PL 2001, c. 
310, §45, is further amended to read: 
2-A. 
Used ballots placed in tamper-proof containers. 
The 
election clerks shall place the used state ballots, eBvelepes 
eeB~a~B~B~--ehalleB~e--ee~~~'~ea~esT including spoiled ballots, 
defective ballots, void ballots, 
used absentee ballots, 
used 
absentee envelopes with the applicable applications attachedL 
envelopes containing challenge certificates. 
and the official 
tally tape from the electronic tabulating system in one or more 
tamper-proof ballot containers. 
The ballot containers must be 
furnished 
by 
the Secretary of State. 
Ballots 
and election 
materials for municipal elections conducted at the Same time as a 
state election must be sealed separately from state ballots and 
other state election materials. 
If municipalities wish to use 
tamper proof containers to seal municipal election materials. 
they must obtain the containers and locks at their own expense. 
If 
a 
state-supplied 
tamper-proof 
container 
or 
lock 
becomes 
defective, lost or destroyed, the clerk must apply in writing to 
the Secretary of State for another. 
The Secretary of State shall 
supply 
or 
approve 
a 
replacement 
at 
the 
expense 
of 
the 
municipality. 
A tamper-proof ballot container must be locked and sealed with a 
numbered seal before leaving the precinct. 
The lock and seal 
numbers must correlate with a certificate identifying the person 
sealing the container and the time of the sealing. 
The locks, 
seals 
and identifying certificates must be furnished 
by the 
Secretary of State. 
A. 
Transfer 
and 
resealing 
of 
the 
ballots 
to 
containers for permanent storage must be done 60 or 
days following the election. 
The municipal clerk shall 
the transfer in the presence of one or more witnesses. 
containers must be securely sealed. 
other 
more 
make 
The 
Sec. 19. 21-A MRSA §698, sub-§6, as enacted by PL 1985, c. 
161, §6, is amended to read: 
6. 
Ballot 
security. 
The 
municipal 
clerk 
shall 
take 
appropriate seeH~~ty measures to ensure the safety and pFeteet~eB 
security of all ballots before. during and after the election. 
Ballots and voting equipment must be secured in an area that is 
accessible only by the clerk or the clerk's designee. 
Sec. 20. 21-A MRSA §737-A, sub-§I, as amended by PL 1995, c. 
459, §68, is further amended to read: 
1. 
Deposit for recount. 
All deposits required by this 
section must be made with the Secretary of State when a recount 
is requested by a losing candidate. 
Once the State Police have 
taken custody of the ballots and other election materials from 
the municipalities, the deposit made by the candidate requesting 
the recount is forfeited to the State if the resulting count 
fails to change the outcome of the election. 
If the recount 
reverses the election, 
the deposit must 
be 
returned to the 
candidate requesting the recount. 
The amount of the deposit is 
calculated as follows. 
A. 
If the percentage difference 
shown by the official 
tabulation between the leading candidate and the 
6BEi-~*aee 
requesting candidate is 2% or less of the total votes cast 
for that office, a deposit is not required. 
B. 
If the percentage difference 
shown 
by the official 
tabulation between the leading candidate and the 
6BEi-~*aee 
requesting candidate is more than 2% and less than or equal 
to 4% of the total votes cast for that office, the deposit 
is $500. 
c. 
If the percentage 
tabulation between the 
difference 
shown by the official 
leading candidate and the 
6BEi-~*aee 
requesting candidate is more than 4% 
eF-me~e and less than 
or equal to 6% of the total votes cast for that office, the 
deposit is $1,000. 
D. 
If the percentage difference 
shown 
by the official 
tabulation between the leading candidate and the requesting 
candidate is more than 6% and less than or equal to 8% of 
the total votes cast for that office, the deposit is $2,500. 
E. 
If the percentage difference 
shown 
by the official 
tabulation between the leading candidate and the requesting 
candidate is more than 8% and less than or equal to 10% of 
the total votes cast for that office, the deposit is $5,000. 
F. 
If the percentage difference 
shown by the official 
tabulation between the leading candidate and the requesting 
candidate is more than 10% of the total votes cast for that 
office, the deposit is $10,000. 
Sec. 21. 21-A MRSA §737-A, sub-§4, as enacted by PL 1993, c. 
473, §3l and affected by §46, is amended to read: 
4. 
Tillie of recount and designated recount candidates. 
The 
recount must be held as soon as reasonably possible at a time and 
place that affords the designated recount candidates a reasonable 
opportunity to be present. 
For purposes of this section, "the 
designated recount candidates" means the leading candidate and 
each 
candidate 
who 
has 
requested 
a 
recount 
and 
paid 
the 
applicable fee in accordance with this section. 
The 
recount 
involves a new count of the results for the designated recount 
candidates only. 
Once a candidate has requested a recount. the 
other candidates for that elective office must be notified of the 
request as soon as possible. 
Candidates for that elective office 
whose 
vote 
totals 
fall 
between 
the 
totals 
of 
the 
leading 
candidate and the requesting candidate must be provided with an 
opportunity to be included in the recount as a designated recount 
candidate by making a written request to join the recount and 
paying the applicable fee, either within 5 business days after 
the election or, if the recount request is made on the last day 
of that period, by the close of business on the next business 
day. 
Candidates 
for 
that 
elective 
office 
other 
than 
the 
designated recount candidates may be present to observe the 
recount but are not included in the recount, 
and their vote 
totals remain as indicated in the official results reported by 
the municipalities. 
Sec. 22. 21-A MRSA §737-A, sub-§9, as enacted by PL 1993, c. 
473, §3l and affected by §46, is amended to read: 
9. 
Package resealed and marked. 
After 
a 
recount, 
the 
Secretary of State shall reseal the packages of ballots and 
incoming voting lists, noting the fact and date of the recount on 
the 
packages. 
All 
challenged 
and disputed ballots must 
be 
packaged separately. 
The challenged and disputed ballots must be 
kept until released to the court or to the Senate or the House of 
Representatives, if applicable, in case of an appeal. 
read: 
Sec. 23. 21-A MRSA §753-A, sub-§3, "A, Band C are enacted to 
A. 
An application or a written request for an absentee 
ballot must be accepted by the clerk if it contains the 
following information: 
(1) 
The voter's name; 
(2) 
The voter's residence address or other address 
sufficient to identify the voter: 
(3) 
The 
signature 
of 
the 
voter 
or 
the 
voter's 
immediate family member who is making the application 
or written request. 
If an immediate family member is 
either making the application or written request or is 
designated in the application or written request to 
deliver or return the ballot to the voter, then the 
family relationship to the voter must also be provided; 
and 
(4) 
If applicable, a different address to which the 
applicant requests the ballot be sent or delivered. 
B. 
If the voter needs assistance pursuant to subsection 5, 
then in addition to the information required in paragraph A, 
the following information must be provided in order for the 
application or written request to be accepted by the clerk: 
(1) 
The printed name and signature of the person who 
helped the voter; and 
(2) 
A statement that the aide helped the voter by 
either reading or signing the application, or both. 
C. 
If the voter wishes to have the ballot delivered or 
returned 
by 
a 
3rd 
person, 
then 
in 
addition 
to 
the 
information 
required 
in 
paragraph 
A, 
the 
following 
information must be provided in order for the application or 
written request to be accepted by the clerk: 
(1) 
The name of the 3rd person whom the voter has 
designated. 
A 3rd person may only be designated in an 
application or written request that is signed by the 
voter. 
Sec. 24. 21-A MRSA §753-A, sub-§4, as enacted by PL 1999, c. 
645, §6, is amended to read: 
4. 
Application by telephone. 
A voter may make a telephone 
!'eqQes~ application for the voter's own ballot. 
In this case, 
the voter may not designate an immediate family member or a 3rd 
person to deliver the ballot on the voter's behalf. 
The clerk 
shall 
ask 
the 
voter 
for 
the 
information 
required 
eB--~Re 
app*iea~ieB and complete the application, with the exception of 
the voter's signature, and shall write "telephone request" on the 
application. 
The clerk shall also obtain the voter's birth date 
and write it on the application. 
The clerk shall verify that it 
is the voter who is requesting the ballot by 
mall:iBEJ-4:-he--ve~e!' 
eeB~i!'m confirming the voter's residence address and birth date 
eB-~Re-ve~iBEJ-*is~ with the information in the voter's record. 
A 
telephone 
application must 
be 
accepted 
by 
the 
clerk if it 
contains the voter's name, the voter's date of birth, the voter's 
residence address or other address sufficient to identify the 
voter and, 
if applicable, 
a 
different address 
to which 
the 
applicant requests the ballot be sent or delivered. 
Sec. 25. 21-A MRSA §753-B, sub-§l, as enacted by PL 1999, c. 
645, §6, is amended to read: 
1. Application or written request received. 
Upon receipt of 
a-~p-],.e.t..ea .an application eF--a.L written request or telephone 
application for an absentee ballot 
SiEJBea-~-.t.fie--'o'G-t..e.l'--~--aB 
immeai-at..e.--f-ami-:l-y--memBe!' that is accepted pursuant to section 
753-A, the clerk shall immediately issue an absentee ballot and 
return envelope by mail or in person to the applicant or to the 
immediate family member or to 
a 
3rd person designated in a 
written 
application 
or 
request 
made 
by 
the 
voter. 
YpeR 
eemp±e~ieR-~~-~-~~~-Fe~Qe6~T--~he-~~~-~~--~££~e--aR 
abseR~ee-aa±±e£-~~~~~r-iR-peFseR-~e-~~~~-~-~he-aQQFess 
Fe~aes~ee-bY-~Re-ve~eFT The clerk shall type or write in ink the 
name 
and 
the 
±e~a± residence 
address 
of 
the voter 
in the 
designated section of the return envelope. 
Sec. 26. 21-A MRS A §753-B, sub-§4, as amended by PL 2001, c. 
310, §53, is further amended to read: 
4. 
Duplicate 
application. 
1~--~~--e±eF*--~~~--a 
aap±iea~e-~~~~-~--Fe~QeS~--~~-~-peFseR--~~-~-~Re 
e±eF*-~&-~~~-a--Fe~aFR-~R~~-~~~~-£~~a~£~£~--a 
s~a~ewiae--a&&eR~-~~~,-£he--e±eF*-~~-~--~~~£~£h--aRe~aeF 
s~a~ew4ae-ah£~~~~~--~--~~-peFseRT The clerk may issue a 
2nd 
s~a~ewiQe ~ 
absentee ballot to 
an applicant if the 
applicant requests one by an acceptable method outlined in this 
subchapter and: 
A. 
The applicant 
limited to, loss 
absentee ballot; or 
states good 
of, spoiling 
cause, 
including, but not 
of or damage to the first 
B. 
An absentee ballot for the applicant that was furnished 
to 
a 
designated 3rd person is was 
not returned to the 
clerk's office within the time limit provided in subsection 
3. 
If a ballot for an applicant is not returned to the 
clerk within that time limit, the clerk shall mail or hand 
deliver a ballot to that applicant and may not issue another 
ballot to the applicant except for good cause as provided in 
this subsection. 
This paragraph does not affect the 
~ime 
deadline for delivery of absentee ballots under section 755. 
The clerk may also issue a 2nd state absentee ballot to a voter 
from whom the clerk has received a return envelope apparently 
containing a state absentee ballot when the state has provided 
the clerk with replacement ballots to reflect the removal of a 
candidate's name or the addition of a new candidate's name or the 
correction of an error. 
When a 
2nd state absentee ballot is 
issued to a voter under this section, the clerk must write the 
words "second ballot issued" on the return envelope. 
Sec. 27. 21-A MRSA §756, sub-§5, as amended by PL 2001, c. 
310, §56, is further amended to read: 
5. 
Envelopes and lists delivered. 
clerk shall deliver or 
have 
delivered 
On election day, 
the 
the 
return envelopes 
prescribed by section 752, subsection 3, with the applications, 
when required, 
attached and a 
copy of the list required by 
section 753-B, subsection 6, to the warden of the voting district 
in which the voter is registered, except in those municipalities 
where the ffi~Bieipal-e~~ieeFs-have-a~~heFiBea-~he clerk ~e-preeess 
or 
the 
clerk's 
designee 
processes 
the 
absentee 
ballots 
centrally. 
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saffie-~~-r-~ke--G1&F*-~~--ae*iveF-~-k~ve-~~~¥&~-~~-~he 
waFaeB-fer-€~~~4~~-~~~~~~~~~~-&eaF~~-tae-eaF*ies~ 
aate--aBa--~iffieT 
In those municipalities 
where 
the 
absentee 
ballots are processed centrally. the clerk shall deliver or have 
delivered the materials described in this subsection to the 
person authorized by the clerk to process absentee ballots at the 
designated 
central 
location. 
After 
processing 
the 
absentee 
ballots. the warden or the clerk shall attach the copy of the 
list of absentee voters to the incoming voting list and seal it 
as provided in section 698. 
~his-~~~e£~4~~-Bet-~~y-~~~~niG~pa~~~~&-wi~h-~-~F-ffieFe 
vetiB§-~~~~-wheFe-~~~~~~~-~re-~~-a~-~-p*aee 
etheF-~haB-the-vetiB§-aistFietT 
Sec. 28. 21-A MRSA §756, sub-§6 is enacted to read: 
6. 
Procedure when duplicate envelo.pes received from same 
voter. 
If more than one return envelope is received from the 
same voter who was authorized to receive a 2nd state absentee 
ballot pursuant to section 753-B. then the clerk or warden shall 
process and count the ballot from the envelope marked "second 
ballot issued" or bearing the latest date and time and shall 
reject and keep sealed the first absentee envelope. 
If more than 
one return envelope is received from the same voter who was not 
authorized to receive a 2nd state absentee ballot pursuant to 
section 753-B. then the clerk or warden shall process and count 
the ballot from the envelope bearing the earliest date and time. 
If only one return envelope is received from a voter who was 
authorized to receive a 2nd state absentee ballot pursuant to 
section 753-B, then the clerk or warden shall process and count 
that ballot for all offices or guestions for which the voter was 
entitled to vote. 
Sec. 29. 21-A MRSA §860, as amended by PL 1995, c. 459, §112, 
is further amended to read: 
§860. Violation and penalty 
Any person who, before, 
with or willfully 
~nJures 
records or equipment used 
during or after an election, tampers 
any voting device, ballot or other 
in the election, or interferes or 
attempts to interfere with the correct operation of such a device 
or equipment or the secrecy of voting, commits a Class b ~ crime. 
SUMMARY 
This bill adds or amends the definitions for certain voting 
terms. 
The bill also specifies how ballots must be destroyed 
after their retention period. 
This bill clarifies the process 
for 
adding names 
of new registrants to the voting list for 
election day. 
The bill also prohibits 
the 
use 
of 
obscene 
language in the name of a new political party or for a nonparty 
candidate's political designation on petitions or the ballot. 
The bill corrects an incorrect reference to the Maine Rules of 
Civil Procedure, 
relating to challenges of the Secretary of 
State's decision regarding candidate petitions. 
This bill adds a 
reason for 
challenging ballots, 
which is currently found in 
another section of law, to the challenge section. 
The bill also 
removes the penalty for soliciting a vote from a person who is 
under guardianship because of mental illness. 
The bill clarifies 
the prohibition against the use of devices in the voting place to 
make audible voice communications that influence voters. 
This 
bill 
also 
specifies 
that 
the 
state-supplied 
tamper-proof 
containers and locks must only be used to secure state ballots 
and election materials. 
The bill clarifies the requirement that 
the clerk must provide a secure location for keeping ballots and 
voting equipment. 
This bill also clarifies which candidates can 
request a recount and increases the deposit amount for recounts 
requested when the difference between the vote totals is over 6%, 
8q,0 and 10% of the total votes cast for the office. 
This bill 
details specific requirements for when a clerk must accept a 
written absentee ballot application, written request or telephone 
application. 
The bill also clarifies the circumstances when a 
voter can be issued a 2nd absentee ballot, as well as directing 
the election officials as to which of these ballots must be 
processed 
and 
counted 
on election day. 
Finally, 
this bill 
changes the penalty for tampering with an electronic tabulating 
device or other type of voting device so that it is consistent 
with the penalty for tampering with a voting machine. 
This bill 
also clarifies who 
are designated recount candidates and the 
procedure to be used in notifying a candidate of the recount. 
Page l2-LR1937(l)