An Act to Comply with Federal Election Laws Including the Help America Vote Act of 2002 LR 1938(02)
Maine Legislature, Session 121, LD 1486
Committee Amendment CA_A_S178 (Senate)
Amends: 21-A MRSA §222, 21-A MRSA §673, 21-A MRSA §753-A, 21-A MRSA §780, 21-A MRSA §780-A

COMMITTEE AMENDMENT "A" to S.P. 492, L.D. 1486, Bill, "An 
Act To 
Comply with Federal Election Laws 
Including the Help 
America Vote Act of 2002" 
Amend the bill by inserting after the title and before the 
enacting clause the following: 
'Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, the federal Help America Vote Act of 2002, 
HAVA, 
requires 
Maine 
to adopt rules establishing an administrative 
complaint procedure to address grievance concerning Title III of 
HAVA; and 
Whereas, such rules must be in effect by the September 30, 
2003 
certification 
deadline 
of 
Maine's 
initial 
state 
plan 
required under Section 254 of HAVA; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore,' 
Further amend the bill by inserting after section 15 the 
following: 
'Sec. 16. 21-A MRSA §222 is enacted to read: 
Page I-LRI938(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 492, L.D. 1486 
§222. 
Rule-making authority 
The 
Secretary 
of 
State 
is 
authorized 
to 
adopt 
rules 
establishing an administrative procedure for handling complaints 
relating to compliance with the provisions of Title III of the 
federal Help America Vote Act of 2002. 
Rules adopted pursuant to 
this section are routine technical rules as defined in Title 5. 
chapter 375. subchapter 2-A.' 
Further amend the bill by inserting after section 17 the 
following: 
'Sec. 18. 21-A MRSA §673, sub-§5 is enacted to read: 
5. 
Challenged ballots relating to cOurt order. 
In an 
election for federal office. if a federal or state court has 
issued an order extending the time established for closing the 
polls. any ballots cast during the period of that extension must 
be challenged according to this section. segregated and counted 
separately from all regular and challenged ballots cast during 
the normal polling hours.' 
Further amend the bill by inserting after section 20 the 
following: 
'Sec. 21. 21-A MRSA §753-A, sub-§I, as enacted by PL 1999, c. 
645, §6, is amended to read: 
1. 
Applications available. 
On 
request, 
the clerk shall 
furnish a reasonable number of absentee ballot applications to 
any person, except that an application may not be furnished more 
than 3 months before the election for which the application will 
be used. 
This subsection does not apply to a uniformed service 
voter or an overseas voter who reguests an absentee ballot under 
this subchapter.' 
Further amend the bill by striking out all of section 28 and 
inserting in its place the following: 
'Sec. 28. 21-A MRSA §780, as enacted by PL 1985, c. 161, §6, 
is repealed and the following enacted in its place: 
S78G. 
Absentee ballots; a~lication 
A uniformed service voter or an overseas voter may reguest 
an absentee ballot as provided in section 753-A or by submitting 
a 
federal application or form reguesting an absentee ballot. 
With respect to any election for federal office. a clerk may not 
refuse 
to 
accept 
or 
process 
any 
otherwise 
valid 
voter 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. fi-.. to S.P. 492, L.D. 1486 
registration application or absentee ballot application submitted 
by a uniformed service voter or an overseas voter on the grounds 
that the voter submitted the application more 
than 3 
months 
before the election for which the application will be used. 
An 
application or request for an absentee ballot for a uniformed 
service voter or overseas voter that is accepted pursuant to 
section 
753-A 
remains 
valid 
through 
the 
next 
regularly 
scheduled general elections for federal office and entitles the 
voter to receive absentee ballots for all elections during that 
period. 
Sec. 29. 21-A MRSA §780-A is enacted to read: 
§780-A. 
Use of blank write-in absentee ballot 
Prior 
to 
the 
time 
when 
regular 
absentee 
ballots 
are 
available, if an applicant requests a blank write-in absentee 
ballot or indicates that it takes more than 6 weeks to receive 
and return mail to the applicant's location, the clerk shall send 
a blank write-in absentee ballot to the voter. 
Once the regular 
absentee ballots 
become 
available, 
the 
clerk shall 
issue 
a 
regular absentee ballot in response to any request under this 
section. 
If the clerk has issued a 
blank write-in absentee 
ballot to a voter before the regular absentee ballots become 
available, the clerk may send a regular absentee ballot to the 
voter, following the procedures for issuing a 2nd absentee ballot 
under section 753-B.' 
Further amend the bill by inserting at the end before the 
summary the following: 
'Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved.' 
Further amend the 
nonconsecutive 
consecutively. 
Part 
bill by relettering 
letter 
or 
section 
or renumbering any 
number 
to 
read 
SUMMARY 
This amendment makes the bill an emergency, and provides the 
Secretary of State with the necessary rule-making authority to 
adopt rules establishing the administrative complaint procedure 
required under Section 402 of the federal Help America Vote Act 
of 2002, HAVA. 
These rules need to be in effect by the September 
30, 
2003 certification deadline of Maine's initial state plan 
required under Section 254 of HAVA. 
This amendment replaces the section in the bill regarding 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 492, L.D. 1486 
absentee ballot applications for uniformed service voters and 
overseas voters. 
The new section states that an absentee ballot 
application is valid even if it is received more than 3 months 
prior 
to 
an 
election 
for 
a 
federal 
office 
and 
that 
the 
application is valid for the next 2 regularly scheduled elections 
for federal office. 
The amendment adds a new section to the bill 
that states that, if the courts have issued an order extending 
the 
time 
to close the polls, 
any ballots cast during that 
extended 
period 
must 
be 
challenged, 
segregated 
and 
counted 
separately from all other ballots. 
The amendment also adds a new 
section regarding the use of blank write-in absentee ballots for 
uniformed service voters and overseas voters. 
COMMITTEE AMENDMENT 
Approved: 05/16/03 ~ae 
l2lst Maine Legislature 
Office of Fiscal and Program Review 
LD 1486 
An Act to Comply with Federal Election Laws Including the Help 
America Vote Act of 2002 
LR 1938(02) 
Fiscal Note for Bill as Amended by Committee Amendment 'If' S-/7~ 
Committee: Legal and Veterans Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
No fiscal impact to State funds. 
LR1938(2) - Fiscal Note - Page 1 of 1