An Act To Amend Maine Election Law by Instituting a Statewide Vote-by-mail System
Maine Legislature, Session 122, LD 1388
Committee: Legal and Veterans Affairs
Amends: 21-A MRSA §753-A, 21-A MRSA §7, 21-A MRSA §754-A, 21-A MRSA §756

Legislative Document 
No. 1388 
H.P.965 
House of Representatives, March 22, 2005 
An Act To Amend Maine Election Law by Instituting a Statewide 
Vote-by-mail System 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representati ve GLYNN of South Portland. 
Printed on recycled paper 
17/~ 
'1J7.7JJ~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 21-A MRSA §753-A, sub-f3, as amended by PL 2003, c. 
447, §28, is further amended to read: 
3. 
Request in writing. 
A voter may complete an application 
or make a written request for the voter's own ballot by mail, in 
person or by facsimile. 
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A. 
An application or a written request for an absentee 
ballot must be accepted by the clerk if it contains the 
following information: 
(1) 
The voter's name; 
(2) 
The voter's residence address or other address 
sufficient to identify the voter; 
(3) 
The 
signature 
of 
the 
voter 
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(4) 
If applicable, a different address to which the 
applicant requests the ballot be sent or delivered. 
B. 
If the voter needs assistance pursuant to subsection 5, 
then in addition to the information required in paragraph A, 
the following information must be provided in order for the 
application or written request to be accepted by the clerk: 
(1) 
The printed name and signature of the person who 
helped the voter; and 
(2) 
A statement that the aide helped the voter by 
either reading or signing the application, or both. 
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Sec. 2. 21-A MRSA §7S3-A, sub-§4, as amended by PL 2003, c. 
447, §29, is further amended to read: 
4. 
Application by telephone. 
A voter may make a telephone 
application for the voter's own ballot. 
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The clerk shall ask 
the 
voter 
for 
the 
information 
required 
and 
complete 
the 
application, with the exception of the voter's signature, 
and 
shall write "telephone request" on the application. 
The clerk 
shall also obtain the voter's birth date and write it on the 
application. 
The clerk shall verify that it is the voter who is 
requesting the ballot by confirming the voter's residence address 
and birth date with the information in the voter's record. 
A 
telephone 
application must 
be 
accepted by the 
clerk if it 
contains the voter's name, the voter's date of birth, the voter's 
residence address or other address sufficient to identify the 
voter 
and, 
if applicable, 
a 
different address 
to which 
the 
applicant requests the ballot be sent or delivered. 
Sec. 3. 21-A MRSA §7S3-B, as amended by PL 2003, c. 447, §§30 
and 31, is further amended to read: 
§753-B. Procedure for issuing absentee ballot 
1. Application or written request received. 
Upon receipt of 
an application, written request or telephone application for an 
absentee ballot that is accepted pursuant to section 753-A, the 
clerk shall immediately issue an absentee ballot and return 
envelope 
by mail 
or in person to 
the applicant 
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The clerk 
shall type or write in ink the name and the residence address of 
the voter in the designated section of the return envelope. 
2. 
Restrictions on issuing ballot. 
The 
clerk may 
not 
deliver an absentee ballot to any 3rd person whe-~-s--a--eaRQiQate 
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4. 
Duplicate application. 
absentee ballot to an applicant 
an acceptable method outlined in 
The clerk may issue a 2nd state 
if the applicant requests one by 
this subchapter and: 
A. 
The applicant states good cause, 
limited to, loss of, spoiling of or 
absentee ballot; or 
including, 
but not 
damage to the first 
B. 
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ballot for an applicant is not returned to the clerk within 
t:Aat:-t:i~e-li~it: 2 business days of the date that ballot was 
provided or by the close of the polls on election day, 
whichever is earlier, the clerk shall mail or hand deliver a 
ballot to that applicant and may not issue another ballot to 
the applicant except for good cause as provided in this 
subsection. 
This paragraph does not affect the deadline for 
delivery of absentee ballots under section 755. 
The clerk may also issue a 2nd state absentee ballot to a voter 
from whom the clerk has received a return envelope apparently 
containing a state absentee ballot when the State has provided 
the clerk with replacement ballots to reflect the removal of a 
candidate's name or the addition of a new candidate's name or the 
correction of an error. 
When a 
2nd state absentee ballot is 
issued to a voter under this section, the clerk must write the 
words "second ballot issued" on the return envelope. 
5. 
Alternate method of balloting by residents of certain 
licensed facilities. 
The municipal clerk shall designate one or 
more times during the 
3~-day period prior to an election during 
which the municipal clerk shall be present in each licensed 
nursing home subject to the provisions of Title 22, chapter 405; 
licensed residential care facility subject to the provisions of 
Title 22, chapter 1664; and assisted housing program subject to 
the provisions of Title 22, chapter 1664, in the municipality for 
the purpose of conducting absentee voting by residents of these 
facilities. 
The licensed residential care facilities referred to 
in this subsection are those that are licensed as Level II 
facilities. 
The clerk shall designate which areas 
in these 
facilities constitute the voting place, the voting booth and the 
guardrail enclosure. 
Sections 681 and 682 apply to voting in 
these facilities within the areas designated by the clerk. 
6. 
Clerk to list. 
The clerk shall keep an alphabetical 
list, by district, of the persons who requested or were furnished 
absentee ballots, including the persons who voted in the presence 
of the clerk under subsection 8 asEl--t-he--pel:'sess--who&&--:9allets 
wel:'e-i66QeEl-~e-~~~~~-~~r-s~:9see&iea-l. 
The clerk shall 
maintain a copy of the lists required under this subsection for a 
period of 2 years as a public record. 
A. 
The list of absentee voters must include each voter's 
name, 
residence 
address, 
voting 
district 
and 
party 
affiliation; the date and manner by which the ballot was 
requested, issued and received; a notation of whether the 
application and the ballot were accepted or rejected; and a 
place for the registrar to certify the voter registration 
status of the absentee voters. 
The clerk must also indicate 
on the list when the absentee voter is a uniformed service 
voter or overseas voter. 
B. 
The clerk shall submit this list of absentee voters to 
the registrar for certification of the registration status 
and, when applicable, the enrollment status of the voters. 
The registrar shall certify the list either before or as 
soon as possible after the ballot is issued to the voter. 
The certifications must be completed before the absentee 
ballots may be processed and cast on election day. 
C. 
The clerk shall also keep a list of the 6I:'El--pe-r&9SS 
Elesi~sateEl-~~~~~~-91:' written requests of voters to 
whom absentee ballots are sent or delivered under subsection 
and of the number of absentee ballots sent or delivered to 
them. 
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D. 
Within 20 days after each election, the clerk shall send 
a report to the Secretary of State stating the total number 
of 
absentee 
ballots 
issued 
to 
absentee 
voters 
in 
the 
municipality for that election. 
The report must further 
identify the number of ballots that were issued to uniformed 
service voters and overseas voters, respectively. 
For each 
category of absentee voters, 
the report must include the 
number of ballots that were returned by the voters and were 
processed and cast in the election. 
7. 
Registration verified. 
If the applicant is registered 
and enrolled when necessary, 
the ballot must be sent to the 
applicant. 
I f 
the applicant has registered and enrolled when 
necessary under section 155 and will attain 18 years of age on or 
before the date of the election, the registrar or clerk shall so 
certify on the application. 
If not, the registrar or clerk shall 
write "not registered" or "not enrolled" on the face of the 
application and sign the registrar's or clerk's name. 
Whenever 
an application for an absentee ballot is denied, the municipal 
clerk shall immediately notify the applicant in writing of the 
reason for the denial. 
8. 
Absentee voting in 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 ballot issue is prohibited within the 
clerk's office and on public property wi thin 250 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 250 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. 
Sec. 4. 21-A MRSA §754-A, sub-§l, as amended by PL 1999, c. 
645, §7, is further amended to read: 
1. 
Ballot delivered to voter. 
When a voter eF-aR-iffiffieQia~e 
;!;ami *Y--1IIem.9&F--o-f--.a--vei;eF obtains a ballot from the clerk in 
person or by mail and returns that ballot to the clerk in person 
or by mail and receives no assistance in marking the ballot, the 
following procedures apply. 
A. 
The voter shall mark that ballot according to section 
or 692 so that it is impossible for anyone present at 
the time to see how the voter voted. 
.. 
645, 
645, 
B. 
While the voter is marking the ballot, there may be no 
communication between the voter and any other individual as 
to the person or question for which the voter is to vote. 
C. 
After the voter has completed marking the ballot, the 
voter shall then seal the ballot in its return envelope and 
complete 
the affidavit 
on 
the 
envelope. 
No 
notary or 
witness certification is required. 
D. 
The voter 
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shall then mail or deliver in person the sealed envelope 
containing the voted ballot to the clerk of the municipality 
of which the voter is a resident. 
The voter shall send QI 
deliver a 
completed voter registration or absentee ballot 
application, if necessary, in a separate envelope by mail or 
in person. 
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Sec. 5. 21-A MRSA §754-A, sub-§2, as amended by PL 1999, c. 
§7, is repealed. 
Sec. 6. 21-A MRSA §754-A, sub-§3, as amended by PL 1999, c. 
§7, is further amended to read: 
3. 
Assistance in reading or marking ballot. 
A voter who is 
unable to read or mark the ballot because of the voter's physical 
disability, illiteracy or religious faith must vote according to 
the procedures in this subsection instead of the procedures in 
subsection 1 eF-~. 
A. 
A voter who needs assistance may request another person, 
other than the voter's employer or agent of that employer or 
officer or agent of the voter's union, to assist the voter 
in reading or marking the ballot. 
B. 
The voter or the aide must mark the ballot in the 
presence of one of the following witnesses: 
NetaFY notary 
public, clerk of a municipality, clerk of courts or another 
individual. 
C. 
The voter or the aide, before marking the ballot, must 
show it to the witness who must examine it to be certain it 
is unmarked. 
D. 
While the voter or the aide is marking the ballot, there 
may 
be 
no 
communication 
between 
the 
voter 
and 
any 
individual, other than the aide who must mark the ballot as 
the voter indicates, as to the person or question for which 
the voter is to vote. 
E. 
The voter or the aide must mark the ballot according to 
section 691 or 692 so that it is impossible for anyone else 
present to see how the voter voted, then seal the ballot in 
its return envelope. 
The voter, or the aide at the voter's 
request, 
shall 
complete 
and 
sign the 
affidavit 
in the 
presence 
of 
the 
witness, 
who 
shall 
sign 
the 
witness 
certification. 
The 
aide 
must 
complete 
and 
sign 
the 
certification for aides on the outside of the envelope. 
F. 
The voter or the aide must then complete the address on 
the envelope and mail or deliver it personally or by the 3rd 
person who was designated in the application to the clerk of 
the municipality of which the voter is a 
resident. 
The 
voter must send a completed voter registration or absentee 
ballot application, if necessary, in a separate envelope. 
Sec. 7. 21-A MRSA §756, first" as enacted by PL 1985, c. 161, 
§6, is amended to read: 
When the clerk receives a 
return envelope by mail or in 
person apparently containing an absentee ballot, 
He 
.,.t=:h""e,--"",-c-",l"",-e-=.r.=k 
shall observe the following procedures. 
SUMMARY 
This bill requires a person requesting an absentee ballot to 
request it in person or to request it by mail. 
It also clarifies 
that the completed ballot may be returned in person or by mail. 
This bill eliminates 
3rd-person 
involvement 
in 
the 
absentee 
ballot process. 
•