An Act To Ensure Integrity in the Voting Amend the amendment by inserting before section the following: Sec. 1. 21-A MRSA §1, sub-§13, as enacted by PL 1985, c. 16l, §6, is amended to read: 13. Distinquishinq mark. Distinguishing mark means a mark on a ballot of a type or in a place not specifically permitted by this Title, which indicates the apparent intent of the voter to make sis the voter's ballot distinguishable in a manner that is fraudulent or inconsistent with an honest purpose. A stray mark on the ballot or mark made on or in the voting indicator or near the candidate's name or space for a write-in candidate that differs from the instructions at the top of the ballot is not a distinguishing mark unless it is of such a character or is made in such a manner that it manifests an intent to make the ballot distinguishable for a fraudulent or dishonest purpose. Marking the write-in space on a ballot with the name of a fictitious person. a deceased person or a person from outside the State who could not be a candidate for that office is not a distinguishing mark unless it is made in such a manner that manifests an intent to make the ballot distinguishable for a fraudulent or dishonest purpose. Page l-LR2068(4) SENATE AMENDMENT
Maine Legislature, Session 122, LD 1266
Committee Amendment CA_A-SA_B_S352 (Senate)
Amends: 21-A MRSA §1, 21-A MRSA §696

SENATE 
AMENDMENT 
446, L.D. 1266, Bill, 
Process" 
~, to COMMITTEE 
AMENDMENT 
"A" to S.P. 
"An Act To Ensure Integrity in the Voting 
Amend 
the 
amendment 
by inserting before 
section 
the 
following: 
'Sec. 1. 21-A MRSA §1, sub-§13, as enacted by PL 1985, c. 16l, 
§6, is amended to read: 
13. 
Distinquishinq mark. 
"Distinguishing mark" 
means 
a 
mark 
on a ballot of a 
type or in a 
place not specifically 
permitted by this Title, which indicates the apparent intent of 
the voter to make sis the voter's ballot distinguishable in a 
manner 
that 
is 
fraudulent 
or 
inconsistent 
with 
an 
honest 
purpose. 
A stray mark on the ballot or mark made on or in the 
voting indicator or near the candidate's name or space for a 
write-in candidate that differs from the instructions at the top 
of the ballot is not a distinguishing mark unless it is of such a 
character or is made in such a manner that it manifests an intent 
to make the ballot distinguishable for a fraudulent or dishonest 
purpose. 
Marking the write-in space on a ballot with the name of 
a fictitious person. a deceased person or a person from outside 
the State who could not be a candidate for that office is not a 
distinguishing mark unless it is made in such a manner that 
manifests an intent to make the ballot distinguishable for a 
fraudulent or dishonest purpose. ' 
Page l-LR2068(4) 
SENATE AMENDMENT 
.... 
• ,","~.f' 
'. )_." 
'! >~..J 
~&./ 
SENATE AMENDMENT "B to COMMITTEE 
AMENDMENT 
"A" to S.P . 
L.D. 1266 
446, 
Further amend the amendment by inserting after section 1 the 
following: 
'Sec. 2. 21-A MRSA §696, sub-§2, "D and E, as amended by PL 
1997, c. 436, §101, are further amended to read: 
D. 
If 
a 
voter writes 
in 
a 
name 
and municipality of 
residence, or pastes a sticker containing the candidate's 
name and municipality of residence in the write-in space 
pursuant to section 691, 
but does not mark the write-in 
indicator, that vote for that office may Be~ be counted if a 
determination of choice under subsection 4 is possible. 
E. 
If a voter writes in a write-in space a fictitious name, 
the name of a deceased person or the name of a person from 
outside the State who could not be a candidate for .th.a.t 
office, the vote for that office may not be counted. 
A-Bame 
w~i~~eB-iB-~his-maBBe~-is-Be~-a-Qis~iB~QishiB~-ma~*T 
Sec.3. 21-A MRSA §696, sub-§3,'C is enacted to read: 
C. 
A ballot is not defective if the Secretary of State has 
given prior approval for its use at the election. 
Sec. 4. 21-A MRSA §696, sub-§4, as amended by PL 2001, c. 310, 
§41, is further amended to read: 
4. 
Determination of choice possible. 
If a voter marks the 
voter's ballot in a manner that differs from the instructions at 
the top of the ballot but in such a manner that it is possible to 
determine the voter's choice, then the vote for the office or 
question concerned must be counted. 
A-~+-maQe--on--e~--i~-~he 
ye~iB~-4BQiea~er-~h~~-~~~~~-~~~~~-in&t~~~~-~~~~ep-e~ 
~he-aa**e~-a~~-~~~-~~~~y--i~~~~~~~-'~~~-~&-Be~-a 
Qis~iB~QishiB~-ma~*T 
Sec. 5. 21-A MRSA §696, sub-§5, ,A, as enacted by PL 2001, c. 
310, §42, is amended to read: 
A. 
A ballot on which a voter has 
e*ea~*y--man-i~-e&t-ed--aB 
iB~eB~ieB--~-~-~-Qis~iB~QishiB~--maF*-~--~~-ma~k--~he 
aa**et:-iB-~-~--i~-s-t-en-t--wi~-h--an-~-p\i-F-pe-se--eF-t:e 
aet:--in--a--f.,r-audu-J:en.t--maBBe~ made a distinguishing mark is 
void. 
Sec. 6. 21-A MRSA §696, sub-§6 is enacted to read: 
6. 
Guidelines. 
The 
Secretary 
of 
State 
shall 
publish 
uniform guidelines for determining voter intent based on relevant 
SENATE AMENDMENT 
~~~~ 
~.~: 
SENATE AMENDMENT 
L.D. 1266 
B· to COMMITTEE 
AMENDMENT 
"A" to S.P. 446, 
case law and provisions of this Title. 
These guidelines must be 
used as 
a 
reference by election officials in tabulating the 
results 
of 
state 
and 
local 
elections 
and 
in all 
recounts 
conducted 
pursuant 
to 
this 
Title. 
The 
guidelines 
must 
be 
included with the instructional materials provided to the clerk, 
registrar and election officials in each municipality pursuant to 
section 605 and must be used by the Secretary of State in the 
training of election officials pursuant to section 505.' 
Further amend 
any 
nonconsecutive 
consecutively. 
the amendment by 
Part 
letter 
or 
SUMMARY 
relettering or renumbering 
section 
number 
to 
read 
This 
amendment 
implements 
the 
recommendations 
of 
the 
advisory 
committee 
to 
the 
Secretary 
of 
State, 
established 
pursuant 
to 
Resolve 
2005, 
chapter 
19, 
in 
response 
to 
the 
requirement in Section 301 of the federal Help America Vote Act 
of 
2002 
that each state establish uniform, 
nondiscriminatory 
standards 
for 
determining voter 
intent. 
It reorganizes 
the 
statutory 
provl.sl.ons 
pertaining 
to 
distinguishing 
marks 
on 
ballots 
and incorporates the changes into the definition of 
"distinguishing mark" in the Maine Revised Statutes, Title 2l-A, 
section 1. 
The amendment also amends the law pertaining to the 
counting of votes for write-in candidates. 
Finally, it requires 
the Secretary of State to publish guidelines for determining 
voter intent that incorporate the legal standards articulated in 
relevant 
court decisions 
and 
in statute. 
This 
document 
is 
intended to be used as a reference guide by election officials 
and by parties to election recounts. 
SPONSORED BY: 
(Senator GAGNON) 
COUNTY: 
Kennebec 
SENATE 
AMENDMENT