An Act To Implement Recommendations of the MCJUSTIS Policy Board Concerning the Drafting of Crimes and Civil Violations Pursuant to Resolve 1997, Chapter 105, as Amended. These changes ensure that each crime and civil violation has its own unique statutory cite. This amendment also changes the act of tampering with a voting device from a Class C crime to a Class B crime.
Maine Legislature, Session 121, LD 1548
Committee Amendment CA_A_H496 (House)
Amends: 21-A MRSA §674, 21-A MRSA §829, 21-A MRSA §860, 21-A MRSA §1004

COMMITTEE AMENDMENT ,,If., to H.P. 1134, L.D. 1548, Bill, "An 
Act To Amend the Election Laws" 
Amend the bill by inserting after section 13 the following: 
'Sec. 14. 21-A MRSA §674, sub-§I, 1fB, as repealed and replaced 
by PL 1993, c. 473, §18 and affected by §46, is amended to read: 
read: 
B. 
Interferes with a voter attempting to cast a vote 
e~ 
~REe~~e~es-w~~h-~-~~~~-~e-iRf~~eRee-~~~--~~-ffia~k~R~ 
ERaE-veEe~~s-Ba~~eE; 
Sec. 15. 21-A MRSA §674, sub-§I, 1f1fB-l and B-2 are enacted to 
B-1. 
Interferes with a voter in marking that voter's ballot; 
B-2. 
Attempts to influence a voter in marking that voter's 
ballot; , 
Further amend the bill by striking out all of sections 16 
and 17 and inserting in their place the following: 
'Sec. 16. 21-A MRSA §674, sub-§3, 1[B, as enacted by PL 1993, 
c. 473, §18 and affected by §46, is amended to read: 
B. 
Votes e~-aEEeffip~s-Ee-veEe knowing that the person is not 
eligible to do so 
e~-~~--Gnee--veEeEh--whe-t!J:e.£--w-i-t-b-i-n--e~ 
Page l-LR1937(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT '/}" to H.P. 1134, L.D. 1548 
read: 
eQ~siee-~~~~~~r-~ai»-¥~~e£-~-~~~~~&-~e-~~~-~ae 
saffie-elee~ieB; eF 
Sec. 17. 21-A MRSA §674, sub-§3, 1rtH-l to B-3 are enacted to 
B-1. 
Attempts 
to vote 
knowing that the person is not 
eligible to do so: 
B-2. 
Having once voted, whether within or outside this 
State, again votes at the same election: 
B-3. 
Having once voted, 
whether within or outside this 
State, attempts to vote at the same election: 
Sec. 18. 21-A MRSA §674, sub-§3, 1rC, as enacted by PL 1993, c. 
473, §18 and affected by §46, is amended to read: 
C. 
Votes eF-a~~emp~s-~e-ve~e by using the name of anotherTL 
or 
Sec. 19. 21-A MRS A §674, sub-§3, 1rD is enacted to read: 
D. 
Attempts to vote by using the name of another. 
Sec. 20. 21-A MRS A §682, as amended by PL 2001, c. 310, §37, 
is repealed and the following enacted in its place: 
§682. 
Political activities 
Certain activities are prohibited on election day. 
1. 
Instruction limited. 
Within the voting place, a person 
may not instruct another in the method of marking the ballot. 
except as provided in section 672. 
2. 
Influence prohibited. 
Within 250 feet of the entrance 
to the voting place as well as within the voting place itself, a 
person may not: 
A. 
Influence 
another 
person's 
decision 
regarding 
a 
candidate or ballot issue: or 
B. 
Attempt to influence another person's decision regarding 
a candidate or ballot issue. 
These limitations do not prohibit a candidate from attending the 
voting place and orally communicating with voters as long as the 
candidate does not attempt to influence their vote. 
A candidate 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,~, to H.P. 1134, L.D. 1548 
may not state the name of the office sought or request a person's 
vote. 
2-A. 
Application. 
This subsection governs the application 
of subsection 2. 
A. 
Subsection 2 does not apply to pollwatchers, who may 
remain in the voting place outside the guardrail enclosure 
as 
long as they do not attempt to influence voters or 
interfere with their free passage. 
B. 
Subsection 2 does not prohibit media representatives 
from conducting an exit poll, as long as they do not solicit 
voters until after the voters have voted and do not orally 
communicate with voters in a way that influences a voter's 
~ 
C. 
If a person attempts to influence voters or interfere 
with their free passage, the warden shall have that person 
removed from the voting place. 
3. 
Advertising prohibited. 
A person 
may 
not 
display 
advertising material; operate an 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. 
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. 
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 the election day, 
the warden may. at the warden's discretion. either allow or 
prohibit 
nonpolitical 
charitable 
activities 
and 
other 
nonpolitical advertising. 
4. 
Devices for audible cOJl'lllunication. 
Party workers or 
others may not use cellular phones. 
voice pagers or similar 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. p 
.. to H.P. 1134, L.D. 1548 
devices to make audible voice communication wi thin the voting 
place that is in violation of subsection 2. 
5. 
Violation. 
A person who knowingly engages in activities 
prohibited by this section commits a Class E crime.' 
Further amend the bill by striking out all of section 29 and 
inserting in its place the following: 
'Sec. 29. 21-A MRSA §829, as amended by PL 1993, c. 473, §39 
and affected by §46, is repealed and the following enacted in its 
place: 
§829. 
Violation and penalty 
1. 
A1tering voting machine. 
A person 
may 
not alter, 
adjust, operate, move, unlock or unseal a voting machine or any 
part of a voting machine with the intent of changing the outcome 
of any election. 
2. 
Attempting to a1ter voting machine. 
A person may not 
attempt to alter, adjust, operate, 
move, 
unlock or unseal 
a 
voting machine or any part of a voting machine with the intent of 
changing the outcome of an election. 
3. 
Pena1ty. 
A person who violates this section commits a 
Class B crime. 
Sec. 30. 21-A MRSA §860, as amended by PL 1995, c. 459, §112, 
is repealed and the following enacted in its place: 
§860. 
Vio1ation and pena1ty 
1. 
Tampering with voting device. 
Before, during or after 
an election, a person may not intentionally or knowingly: 
A. 
Tamper with or injure a voting device, ballot or other 
record or equipment used in the election or interfere with 
the correct operation of such a device or equipment or the 
secrecy of voting; or 
B. 
Attempt to interfere with the correct operation of a 
voting device or equipment or the secrecy of voting. 
2. 
Penalty. 
A person who violates subsection 1 commits a 
Class B crime. 
Sec. 31. 21-A MRSA §1004, sub-§2, as amended by PL 1989, c. 
504, §§2 and 31, is further amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "11" to H.P. 1134, L.D. 1548 
2. 
False statements. 
Ne h person, candidate, treasurer or 
political action committee may not make a false statement in any 
~ report required by this chapter. 
Sec. 32. 21-A MRSA §1004, sub-§3, as enacted by PL 1985, c. 
161, §6, is repealed and the following enacted in its place: 
3. 
Contributions in another's name. 
A person may not 
knowingly: 
A. 
Make a contribution in the name of another ~erson; 
B. 
Permit the person' s 
name to be used to 
accom~lish a 
contribution in violation of paragraph A: or 
C. 
Accept a contribution made by one person in the name of 
another person. 
Sec. 33. 21-A MRSA §1004, sub-§4, as enacted by PL 1985, c. 
161, §6, is amended to read: 
4. 
Registration; 
political 
action 
cODmittees. 
Ne 
h 
political 
action 
committee 
required 
to 
be 
registered 
under 
section 1053 may 
.nQ.t. operate in this State unless it is so 
registered. • 
Further amend the bill by relettering 
nonconsecutive 
Part 
letter 
or 
section 
consecutively. 
SUMMARY 
or renumbering any 
number 
to 
read 
This 
amendment incorporates the changes relating to the 
Maine Revised Statutes, Title 21-A that are being proposed in 
L.D. 1567, "An Act To Implement Recommendations of the MCJUSTIS 
Policy 
Board 
Concerning 
the 
Drafting 
of 
Crimes 
and 
Civil 
Violations Pursuant to Resolve 1997, Chapter 105, as Amended." 
These changes ensure that each crime and civil violation has its 
own unique statutory cite. 
This amendment also changes the act 
of 
tampering with a voting device from a Class C crime to a 
Class B crime. 
FISCAL NOTE kE<..!l iRED 
(~ee attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05119/03 wac 
l2lst Maine Legislature 
Office of Fiscal and Program Review 
LD 1548 
An Act To Amend the Election Laws 
LR 1937(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Legal and Veterans Mfairs 
Fiscal Note Required: Yes 
Fiscal Note 
Undetermined current biennium revenue increase - General Fund 
The establishment of a fee schedule for certain recount requests will increase General Fund revenues if any eligible 
recounts are requested; the amounts can not be determined at this time. 
LR1937(2) - Fiscal Note - Page 1 of 1