An Act To Amend the Election Laws
Maine Legislature, Session 123, LD 2110
Committee: Legal and Veterans Affairs
Sponsors: BRYANT
Amends: 5 MRSA §152, 21-A MRSA §1, 21-A MRSA §624, 21-A MRSA §698

Legislative Document 
No. 2110 
H.P.1496 
House of Representati yes, December 31, 2007 
An Act To Amend the Election Laws 
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 Representati ve PATRICK of Rumford. 
Cosponsored by Senator BRYANT of Oxford. 
Printed un recycled paper 
1J1~ 
1/1. 7l/ac~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Se~. 1. 5 MRSA §152, as enacted by PL 1979, c. 534, §2, is amended to read: 
§152. Ratification of bond issue; signed statement 
In accordance with the Constitution of Maine, Article IX, section 14, the Treasurer of 
State shall prepare a signed statement to accompany any question submitted to the 
electors for ratification of a bond issue setting forth the total amount of bonds of the State 
outstanding and unpaid, the total amount of bonds of the State authorized and unissued 
and the total amount of bonds of the State contemplated to be issued if the enactment 
submitted to the electors should be ratified. The Treasurer of State shall also set forth in 
that statement an estimate of costs involved, including explanation of, based on such 
factors as interest rates whieh that may vary, the interest cost contemplated to be paid on 
the amount to be issued, the total cost of principal and interest that will be paid at 
maturity and any other substantive explanatory information relating to the debt of the 
State as he may deem the Treasurer of State considers appropriate. 
To meet the 
requirement that the signed statement of the Treasurer of State accompany any ballot 
question for ratification of a bond issue, the statement may be printed on the ballot or it 
may be printed as a separate document that is posted in each voting booth on election day 
and, in the case of absentee voting, the statement must be made available to each voter 
who votes in the presence of the municipal clerk or provided along with the ballot to each 
absentee voter who does not vote in the presence of the municipal clerk. 
Sec. 2. 21-A MRSA §1, sub-§21, as amended by PL 2005, c. 568, §1, is further 
amended to read: 
21. Incoming voting list. "Incoming voting list" means the printed list of all of the 
voters in a municipality that is used by election officials at a voting place to record which 
voters have been issued a ballot at an election. The list must include the following 
information for each voter and may not include any other information: name; residence 
address; enrollment status; electoral district; voter status, active or inactive; voter record 
number; designations regarding challenged ballots aM ~ absentee ballots or whether a 
voter needs to show identification before voting; and any special designations indicating 
uniformed service voters, overseas voters or township voters. The portion of the incoming 
voting list relating to Address Confidentiality Program participants must be kept under 
seal and excluded from public inspection. The residence address for any voter whose 
address has been made confidential pursuant to section 22, subsection 3, paragraph B 
may not be printed on the incoming voting list, and the words "address is confidential" 
must be printed on the list instead. 
Sec. 3. 21-A MRS A §122, sub-§5, as amended by PL 2005, c. 453, § 17, is 
further amended to read: 
5. Alternative registration schedule for absentee voters. If the clerk receives a 
properly completed absentee ballot application that is signed by a person who is not a 
registered voter in the municipality, a presumption of the person's qualification as a voter 
is established. 
The clerk shall send an absentee ballot to the voter at the address 
Page I - 123LR3226(Ol)-1 
indicated, along with a voter registration application under section 152. The completed 
registration application must be returned to the clerk by the close of the polls on election 
day in order for the ballot to be counted and may not be sealed with the voted absentee 
ballot. If the application is received during the closed period and the registrar is not 
satisfied as to the person's qualification as a voter, the registrar shall follow the 
requirements of section 121, subsection I-A to place the person's name on the incoming 
voting list and challenge the absentee ballot. An application by telephone under section 
753-A, subsection 4 or an application bye-mail under section 753-A, subsection 6 does 
not establish a presumption of qualification under this section and the requestor must 
submit a properly completed voter registration application before the clerk may issue an 
absentee ballot. 
Sec. 4. 21-A MRS A §362-A, as enacted by PL 2001, c. 310, §20, is amended to 
read: 
§362-A. Secretary of State declares vacancy 
When required by this subchapter, the Secretary of State shall declare a vacancy 
under section 361 and notify the appropriate political committee of the deadline for filling 
the vacancy. 
Sec. 5. 
21-A MRSA §624, as amended by PL 2005, c. 453, §51, IS further 
amended to read: 
§624. Incoming voting lists; voter lists 
1. Posting of. The registrar shall post a certified copy of the incoming voting ~ 
current voter list for each voting district at the usual voting place in that district before the 
polls are opened on election day. The voter list produced for purposes of this subsection 
must include the following information for each voter and may not include any other 
information: name; residence address; enrollment status; electoral district; voter status, 
active or inactive; voter record number; and any special designations indicating 
uniformed service voters, overseas voters or township voters. The portion of the voter list 
produced for purposes of this subsection relating to Address Confidentiality Program 
participants must be kept under seal and excluded from public inspection. The residence 
address for any voter whose address has been made confidential pursuant to section 22, 
subsection 3, paragraph B may not be printed on the voter list, and the words "address is 
confidential" must be printed on the list instead. The Secretary of State shall designate 
the form of the voter list produced for purposes of this subsection. 
2. Delivery of. The registrar shall deliver the necessary number of certified copies 
of the posted voter list described in subsection 1 and the incoming voting list to the clerk 
by 5 p.m. on the last business day before election day. The clerk shall give the registrar a 
receipt for the copies. 
Sec. 6. 21-A MRSA §698, sub-§3, as amended by PL 2005, c. 453, §56, IS 
further amended to read: 
3. Incoming voting lists packed separately. The warden and one election clerk 
from each of the major parties shall sign the incoming voting list certification as soon as 
the names of all persons who have voted, including persons who have voted by absentee 
ballot, nave been checked off. The election clerks shall place the incoming voting list in 
a separate package 'outside the containers of used and unused ballots and seal the package 
with the signed incoming voting list certification. The incoming voting list includes any 
certificates entitling voters to be placed on the incoming voting list and any supplemental 
incoming voting list, where applicable, pursuant to section 122, subsection 7. 
The 
municipal clerk shall keep these incoming voting lists sealed for +G 2. business days after 
the election or until the time for any recount conducted under section 737 -A, contested 
election or appeal has passed, whichever is longer. After that time period, the clerk At 
the end of the 5th business day after the election, if the municipal clerk verifies that a 
recount has not been requested, the municipal clerk shall unseal the incoming voting list 
and keep it in the clerk's office as a public record for the time required pursuant to section 
23. 
Sec. 7. 2l-A MRSA §737-A, first ~, as amended by PL 1999, c. 426, §27, is 
further amended to read: 
For the purposes of this section, a candidate may also be a write-in candidate who has 
met the qualifications of section 722-A. If, after an initial tally of the ballots, the margin 
between the number of votes cast for the leading candidate and the number of votes cast 
for the 2nd place any other candidate in the same race is less than 1 % of the total number 
of votes cast in that race, a recount is presumed necessary automatic and must be 
conducted by the Secretary of State pursuant to this section. 
Sec. 8. 2l-A MRSA §737-A, 2nd ~, as enacted by PL 1993, c. 473, §31 and 
affected by §46, is amended to read: 
Once a an automatic recount is triggered by this presumption for races with a margin 
of less than 1 % between the leading candidate and any other candidate in that race, or a 
recount is requested for any other race with a margin of 1 % or more between the leading 
candidate and any other candidate in that race, the Secretary of State shall notify the State 
Police, who shall take physical control of all ballots and related materials involved in the 
recount as soon as possible. 
Sec. 9. 2l-A MRS A §737-A, 4th ~, as amended by PL 1999, c. 426, §28, is 
further amended to read: 
A ffisffig candidate in any election who is the apparent loser by a margin of 1 % or 
more behind the leading candidate and who desires a recount must file with the Secretary 
of State a written request for a recount within 5 business days after the election. The 
recount is held under the supervision of the Secretary of State, who shall allow the 
candidate's representatives or counsel to recount the ballots. The candidate may not act 
as a counter of ballots. 
Sec. 10. 2l-A MRSA §737-A, sub-§4, as amended by PL 2003, c. 447, §26, is 
further amended to read: 
4. Time of recount and designated recount candidates. The recount must be held 
as soon as reasonably possible at a time and place that affords the designated recount 
candidates a reasonable opportunity to be present. For purposes of this section, "the 
designated recount candidates" means the leading candidate and each candidate who has 
requested a recount and paid the applicable fee in accordance with this section or 
candidates whose race is subject to an automatic recount. The recount involves a new 
count of the results for the designated recount candidates only. Once a candidate has 
requested a recount, the other candidates for that elective office must be notified of the 
request as soon as possible. Candidates for that elective office whose vote totals fall 
between the totals of the leading candidate and the requesting candidate must be provided 
with an opportunity to be included in the recount as a designated recount candidate by 
making a written request to join the recount and paying the applicable fee, either within 5 
business days after the election or, if the recount request is made on the last day of that 
period, by the close of business on the next business day. Candidates for that elective 
office other than the designated recount candidates may be present to observe the recount 
but are not included in the recount, and their vote totals remain as indicated in the official 
results reported by the municipalities. 
Sec. 11. 21-A MRS A §753-A, sub-§6 is enacted to read: 
6. Application bye-mail. A municipal clerk may opt to accept absentee ballot 
applications bye-mail. If the clerk opts to accept absentee ballot applications bye-mail 
the clerk shall create a specific e-mail account for the purpose of accepting e-mail 
applications. At least 120 days before any election administered by the State, the clerk 
shall notify the Secretary of State of the clerk's intention to accept absentee ballot 
applications bye-mail and of the e-mail address used to accept the absentee ballot 
applications. The Secretary of State shall post on its publicly accessible website a list of 
municipalities that have opted to accept absentee ballot applications bye-mail along with 
the e-mail addresses and procedures for requesting an absentee ballot bye-mail. The 
Secretary of State shall design or approve the form of the absentee ballot application to be 
submitted bye-mail. 
If the clerk opts to accept absentee ballot applications bye-mail, a voter may make an 
application for the voter's own ballot bye-mail using the form designed or approved by 
the Secretary of State. The voter may not designate an immediate family member or a 
3rd person to deliver the ballot on the voter's behalf. 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. 
The clerk shall print the e-mail 
application and write lie-mail request" on the application. 
Sec. 12. 21-A MRS A §753-B, sub-§6, ~E, as enacted by PL 2005, c. 364, §7, is 
amended to read: 
E. 
Within +G ~ business days after each election, the clerk shall update the central 
voter registration system to include the changes required by paragraph A. The clerk 
also must update the central voter registration system to reflect any absentee ballots 
received after the polls have closed on election day by changing the rejection reason. 
When all updates have been made in the central voter registration system, the clerk 
shall certify this to the Secretary of State and make a final list of absentee ballots 
available for public inspection. 
SUMMARY 
This bill clarifies that the signed statement of the Treasurer of State regarding the 
ratification of a bond issue may be printed on the ballot or may be printed as a separate 
document that is made available to voters. The bill amends the laws governing the 
establishment of a person's qualification as a voter in order to enable that person to vote 
as an absentee voter. The bill clarifies the requirements for the incoming voting list and 
the voter list that must be posted at the polls on election day. The bill also decreases the 
time for keeping sealed the incoming voting list from 10 to 5 business days after the 
election and provides that the municipal clerk may unseal the list after verifying that no 
recount has been requested. This bill also removes an incorrect cross-reference regarding 
declaration of a vacancy. This bill also provides that recounts are automatic for races in 
which the margin between the number of votes cast for the leading candidate and any 
other candidate for that race is less than 1 % of the total number of votes cast in that race. 
The bill permits a municipal clerk to accept absentee ballot applications bye-mail. The 
bill decreases the time for the clerk to make a final update to the list of absentee voters in 
the central voter registration system from 10 to 5 business days after the election.