An Act To Create a Protected Zone around the Voting Place
Maine Legislature, Session 122, LD 0374
Committee: Legal and Veterans Affairs
Sponsors: GAGNON, BARSTOW, BROMLEY, DIAMOND, BROWN, HOTHAM, MILLS, PATRICK, SMITH, TRAHAN
Amends: 21-A MRSA §662, 21-A MRSA §682, 21-A MRSA §753-B

Legislative Document 
No. 374 
S.P. 121 
In Senate, January 25,2005 
An Act To Create a Protected Zone around the Voting Place 
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 Senator GAGNON of Kennebec. 
Cosponsored by Representative BARSTOW of Gorham and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BROMLEY of Cumberland, DIAMOND of Cumberland, Representatives: BROWN 
of South Berwick, HOTHAM of Dixfield, MILLS of Farmington, PATRICK of Rumford, 
SMITH of Monmouth, TRAHAN of Waldoboro. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 21-A MRSA §662, sub-§4, as amended by PL 1995, c. 459, 
§57, is repealed. 
Sec. 2. 21-A MRSA §682, sub-§2, as repealed and replaced by PL 
2003, c. 447, §22, is amended to read: 
2. 
Influence prohibited. 
WitaiH--6~G On public property 
wi thin 100 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 ba~~9t-issye question that is on the ballot for 
the election that day; or 
B. 
Attempt to influence another person's decision regarding 
a candidate or ballet-issye question that is on the ballot 
for the election that day. 
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 
may not state the name of the office sought or request a person's 
vote. 
Sec. 3. 21-A MRSA §682, sub-§2-A. ,B, as enacted by PL 2003, 
c. 447, §22, is amended to read: 
B. 
Subsection 2 does not prohibit media representatives 
from conducting an exit poll, as long as they do not solicit 
voters within 25 feet of the entrance to the voting place or 
until 
after 
the 
voters 
have 
voted 
and 
do 
not 
orally 
communicate with those voters in a way that influences a 
v9ter~S-v9te any voter who has not yet voted. 
Sec. 4. 21-A MRSA §682, sub-§2-A, ,C. as enacted by PL 2003, 
c. 447, §22, is repealed. 
Sec. 5. 21-A MRSA §682. sub-§2-A.,D is enacted to read: 
D. 
These limitations 
do 
not prohibit the collection of 
signatures on petitions to place 
a direct initiative 9r 
referendum on the ballot at a future election, as long as 
such activity occurs more than 25 feet from the entrance to 
the voting place and does not involve communicating with 
voters in a way that influences a voter who has not yet 
voted regarding another question that is on the ballot for 
the election that day. 
Page l-LR0599(1) 
Sec. 6. 21-A MRS A §682~ sub-§3, as repealed and replaced by PL 
2003, c. 447, §22, is amended to read: 
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 regarding a candidate or question that is on the 
ballot for the election that day on any public property located 
within J§G 100 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. 
Sec. 7. 21-A MRSA §682. sub-§4-A is enacted to read: 
4-A. 
CQrrective ~ction. 
If a person attempts to influence 
voters or interfere with their free passage in violation of 
subsection 2, the ward~n shall have that person removed from the 
voting place. 
Sec. 8. 21-A MRSA §753-B. sub-§8. as enacted by PL 1999, c. 
645, §6, is amended to read: 
8. 
Absentee voting 1n presence of clerk. 
A person who 
wishes to vote by absentee ballot may, 
without completing an 
application, 
vote 
by absentee ballot in the presence of 
the 
clerk. 
The method of voting is otherwise as prescribed in this 
article. 
After the person has voted, the clerk shall sign the 
affidavit on the return envelope as a witness, indicate on the 
envelope that the voter voted in the presence of a clerk and 
ensure that the affidavit on the return envelope is properly 
completed by the voter. 
For, the 45 days preceding an election, 
during the hours when the clerk's office is open and may be 
conducting absentee voting, the display or distribution of any 
advertising material intended to influence 
a voter's decision 
regarding a candidate or 9alle~-i66~e question on the ballot for 
that election is prohibited within the clerk's office and on 
public property within 
69G 
feet of the entrance to the 
clerk's office. 
This subsection does not apply to the display or distribution of 
any campaign advertising material on private property that is 
within 69G 100 feet of the entrance to the clerk's office. 
This subsection does not apply to campaign advertising material 
on automobiles traveling to and from the municipal office or 
parked on municipal property while the occupants are visiting the 
municipal office to conduct municipal business. 
It does not 
prohibit a person who is at the municipal office for the purpose 
of conducting municipal business or for absentee voting from 
wearing 
a 
campaign button when the longest dimension of the 
button does not exceed 3 inches. 
SUMMARY 
This bill accomplishes the following. 
1. 
It reduces from 250 feet to 100 feet the distance from 
the entrance to the voting place within which a person, on public 
property, may not advertise, influence or attempt to influence 
another person's vote. 
2. 
It prohibits a person from influencing or attempting to 
influence a person's decision on a question that is on the ballot 
for the election that day. 
3. 
It specifies that the limitations on influencing or 
attempting to 
influence 
a 
person's decision 
do 
not prohibit 
pollwatchers, 
media 
representatives 
or 
persons 
collecting 
signatures for direct initiatives or ballot referenda, as long as 
certain conditions are met.