An Act To Preserve the Integrity of Elections by Removing the Requirement for a Challenge Affidavit
Maine Legislature, Session 123, LD 0731
Committee: Legal and Veterans Affairs
Sponsors: FLETCHER
Amends: 21-A MRSA §673, 21-A MRSA §696

Legislative Document 
No. 731 
H.P.552 
House of Representatives, February 13,2007 
An Act To Preserve the Integrity of Elections by Removing the 
Requirement for a Challenge Affidavit 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative FLETCHER of Winslow. 
Printed on recycled paper 
7J'l~ frl.1l/dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 21-A MRSA §673, sub-§l, as amended by PL 2003, c. 688, Pt. B, §6, is 
further amended to read: 
1. How made. The challenge must be made to the warden. The challenger must 
state iR the form of a sigRed affida .... it settiRg forth, HRder oath aemiRisteree By the 
.. "ardeR, the challenger's name, aedress, party affiliatioR, statHs as a registeree 'loter iR the 
mHRieipality, the name of the voter challenged and the reason for the challenge.,.-tfle 
feaSOR the partioular iRdi,,'idual beiRg ol:ialleRged may Be iReligiele to vote, the specific 
sOl:lroe of the iAformatioR or persoRal kRowledge UpOR whioh the ohalleRge of the 
partioular iRei"'idHal is based aRd a statemeRt that the oAalleRger I:lRderstaRds that maldAg 
II 
a false statemeRt OR the affidavit is pHRishaele HRder peRalties of perjHI)'. 
A. 
A voter may challenge another voter only upon personal knowledge or a 
reasonably supported belief that the challenged voter is unqualified. 
Only the 
following reasons for challenges may be accepted by the warden. The challenged 
IS 
person: 
(I) Is not a registered voter; 
(2) Is not enrolled in the proper pal1y, if voting in a primary election; 
(3) Is not qualified to be a registered voter because the challenged person: 
(a) Does not meet the age requirements as specified in seetioRs section III, 
subsection 2 and section III-A; 
(b) Is not a citizen of the United States; or 
(c) 
Is not a resident of the municipality or appropriate electoral district 
within the municipality; 
(4) Registered to vote during the closed period or on election day and did not 
provide satisfactory proof of identity and residency to the registrar pursuant to 
section 121, subsection I-A; 
(5) Did not properly apply for an absentee ballot; 
(6) Did not properly complete the affidavit on the absentee return envelope; 
(7) 
Did not cast the ballot or complete the affidavit before the appropriate 
witness; 
(8) Communicated with someone as prohibited by section 754-A, subsection 1, 
paragraph B or subsection 3, paragraph B or D; 
(9) Did not have the ballot returned to the clerk by the time prescribed; 
(10) Voted using the name of another; 
(I I) Committed any other specified violation of this Title; or 
(12) 
V 9ted using the wrong ballot for the appropriate electoral district or 
political party, if applicable. 
Page J - 123LR2309(OI)-1 
I I 
B. 
A challenge made must be made at the time the voter being challenged is 
checking in with the election clerk in charge of the incoming voting list in accordance 
with section 671 but before that voter enters the voting booth, except that the registrar 
or cieri. may complete a challenge affidaYit under oath to the warden before or during 
election day. 
C. 
A challenge must be made against an absentee ballot after the name of the 
absentee voter is announced by the warden or clerk in accordance with section 759 
and before the ballot is placed into the ballot box or voting machine. 
D. 
The merits of a challenge may not be decided at the time the challenge is made, 
but only after the election consistent with the provisions of section 696. 
Sec. 2. 21-A MRSA §673, sub-§3, as amended by PL 2003, c. 395, §3, is further 
amended to read: 
3. Ballot marked. The warden shall write a number on the outside of the ballot. The 
warden shall also complete a certificate on which appears the word "Challenged," the 
name of the voter challenged and the reason for the challenge. The challenger and the 
warden shall sign the certi ficate. 
After the challenger has signed the certificate, the 
warden shall place the number that was written on the ballot in a conspicuous place on 
the certificate. Only the warden and the challenged voter may know the ballot number. 
The warden shall place the challenge certificate and the signed affidavit under subsection 
+ in a sealed envelope marked "Challenge Certificate #( certificate number)" and shall 
retain the envelope until it is sealed with the ballot materials pursuant to section 698. 
Sec. 3. 21-A MRSA §673, sub-§5, as enacted by PL 2003, c. 395, §4, is amended 
to read: 
5. Regulation of challengers and challenges. A person challenging the right of 
another person to vote may not create a disturbance or obstruction and may not interfere 
with or delay the challenged voter's exercise of the right to vote once the challenge 
affidavit has been completed. ;\ challenger other than a registrar, clerk or other election 
official may not handle or inspect registration cards or files or other materials used by the 
registrar or clerk except as provided in section 22. 
Sec. 4. 21-A MRSA §696, sub-§l, as amended by PL 2003, c. 395, §5, is further 
amended to read: 
1. Challenged ballot. A challenged ballot must be counted the same as a regular 
ballot. The validity of a challenged ballot need not be determined unless it affects the 
results of an election. 
If the challenged ballot affects the result of an election, the enve lope containing the 
challenge certificate and the signed affidavit under section 673, subsection I must be 
submitted to the Supreme Judicial Court and its validity must be determined, except when 
final determination of the election of a candidate is governed by the United States 
Constitution. 
SUMMARY 
This bill amends the law concerning challenges at a voting place to remove the 
requirement that a challenger sign an affidavit setting forth under penalties of perjury the 
reasons for the challenge.