Maine Legislature, Session 121, LD 1759
Committee Amendment CA_A_H842 (House)
Amends: 21-A MRSA §808, 21-A MRSA §809, 21-A MRSA §809-A, 21-A MRSA §812, 21-A MRSA §812-A

COMMITTEE AMENDMENT ,~, to H.P. 1281, L.D. 
Act To Ensure the Accurate Counting of Votes" 
1759, 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 §808, sub-§5-A is enacted to read: 
5-A. 
Direct recording electronic voting machine. 
"Direct 
recording electronic voting machine" means a system that records 
votes by means of a ballot display provided with mechanical, 
electro-optical or electro-audio components that can be activated. 
by the voter, that processes data by means of a computer program 
and that records voting data in memory components. 
A direct 
recording electronic voting machine produces a tabulation of the 
voting data stored in a 
removable memory component and on a 
printed copy. 
Sec. 2. 21-A MRSA §808, sub-§§8-A and 8-B are enacted to read: 
8-A. 
Mechanical lever voting machine. 
"Mechanical lever 
voting machine" means a machine that directly records a voter's 
choices via mechanical lever-actuated controls into a counting 
mechanism that tallies the votes without using a physical ballot. 
8-B. 
Punch 
card voting 
machine. 
"Punch 
card 
voting 
machine" means a machine that transmits a yater's choices onto 
either a pres cored or unscored ballot via mechanically punched 
holes that are then read and tallied by the machine. 
Page l-LR2247(2) 
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Sec.3. 21-A MRSA §809, sub-§3-A is enacted to read: 
3-A. 
Proscribed voting machines. 
The following types of 
voting machines may not be used in the conduct of state elections: 
A. 
Mechanical lever voting machines; and 
B. 
Punch card voting machines. 
Sec. 4. 21-A MRSA §809-A is enacted to read: 
S809-A. 
Certain electronic connections and Internet voting 
prohibited 
1. 
Electronic connections prohibited. 
Connections of any 
voting devices. as defined by section 808. via the Internet to 
centralized vote collection equipment may not be employed by 
election officials of the State. 
Networking of voting machines. 
Internet-enabled or otherwise. is prohibited. 
2. 
Electronic returns. 
A vote total that is transmitted 
electronically 
is 
not 
considered 
an 
official 
return. 
The 
official return of votes cast must be prepared in accordance with 
section 711. 
Nothing in this section may be construed to prevent 
the electronic filing of unofficial returns. 
3. Internet voting. 
Use of the Internet for the casting of 
votes on-line is prohibited. 
Sec. 5. 21-A MRSA §812, first 1[, as enacted by PL 1985, c. 161, 
§6, is amended to read: 
A voting machine 
p1:l£'eRa6eEl-~--a--ml:l-&j,.ej,.palit:1' used in the 
conduct of state elections must meet the following requirements. 
Sec. 6. 21-A MRSA §812, sub-§4-A, as enacted by PL 1995, c. 
459, §88, is repealed. 
Sec. 7. 21-A MRSA §812, sub-§10 is enacted to read: 
10. 
Paper audit trail. 
Unless excluded pursuant to section 
8l2-A, subsection 1, it must produce or employ permanent paper 
records of the votes cast that are able to be verified by 
individual voters before their votes are cast and that provide a 
manual audit capad ty for the machine. 
In the case of direct 
recording electronic voting machines. 
those records must also 
identify the 
individual 
machines 
that produced 
them without 
revealing the identities of the voters who cast the ballots. 
In 
all cases, these records must be reviewed in the event of a 
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recount and considered in conjunction with the machine-produced 
tally. 
Sec.8. 21-A MRSA §812-A is enacted to read: 
S812-A. 
Accessible voting equipment 
1. 
Accessible voting equipment at each polling place. 
The 
Secretary of State. in compliance with the voting accessibility 
reguirements of the federal Help America Vote Act of 2002, shall 
provide one direct recording electronic voting machine, or other 
voting system equipped for individuals with disabilities. for use 
at each polling place used in the conduct of state elections. 
Such machines must produce permanent paper records that provide a 
manual audit capacity for the machines and must also provide 
voters with audio functions that enable the voters to verify 
their ballots aurally before the votes are cast. and all such 
machines 
are 
exempt 
from 
the 
requirements 
of 
section 
812. 
subsection 10. 
Additional accessible voting machines may be used in the conduct 
of state elections. but those machines must meet the reguirements 
set forth in section 812. 
2. 
Moratorium. 
Notwithstanding subsection I. the State may 
not 
purchase 
or 
approve 
direct 
recording 
electronic 
voting 
machines, or other voting systems eguipped for individuals with 
disabilities, 
at 
any 
time 
prior 
to 
March 
I, 
2005. 
This 
subsection is repealed March I, 2005. 
Sec. 9. Report on implementation. 
The Secretary of State shall 
report, by January 15, 2005, to the joint standing committee of 
the 
Legislature 
having 
jurisdiction over 
statewide 
election 
matters 
on progress made 
to 
implement the accessible voting 
equipment requirements of the federal Help America Vote Act of 
2002. 
The report must include a plan to comply with the federal 
law and to promote voting accessibility for individuals with 
disabilities 
through 
the 
purchase 
and 
implementation of 
one 
direct 
recording electronic voting machine, 
or other voting 
system 
equipped 
for 
individuals with disabilities, 
for 
each 
polling place used in state elections.' 
SUMMARY 
This 
amendment 
replaces 
the bill. 
It defines 
"direct 
recording electronic voting machine," "mechanical lever voting 
machine" and "punch card voting machine." 
The amendment requires 
that any voting machine used in the State produce a paper audit 
trail. 
It also bans the use of mechanical lever voting machines 
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and punch card voting machines. 
The amendment further prohibits 
the networking of voting machines and prohibits Internet voting. 
The amendment requires the Secretary of State to report to 
the 
joint 
standing 
committee 
of 
the 
Legislature 
having 
jurisdiction over statewide election matters by January 15, 2005 
on the progress made to implement the accessible voting equipment 
requirements of the federal Help America Vote Act of 2002. 
The 
amendment also places a moratorium on the purchase and approval 
of direct recording electronic voting machines, or other voting 
systems equipped for individuals with disabilities, until March 
1, 2005. 
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