An Act To Amend the Election Laws
Maine Legislature, Session 123, LD 1761
Committee: Legal and Veterans Affairs
Sponsors: PATRICK, MARRACI-IE, CUMMINGS, FISHER, SAMSON, SIMPSON
Amends: 21-A MRSA §144, 21-A MRSA §161, 21-A MRSA §163, 21-A MRSA §196, 21-A MRSA §307, 21-A MRSA §363, 21-A MRSA §371, 21-A MRSA §374-A, 21-A MRSA §603, 21-A MRSA §605, 21-A MRSA §627, 21-A MRSA §629, 21-A MRSA §631-A, 21-A MRSA §671, 21-A MRSA §673, 21-A MRSA §681, 21-A MRSA §691, 21-A MRSA §696, 21-A MRSA §753-B, 21-A MRSA §759, 21-A MRSA §762, 21-A MRSA §808, 21-A MRSA §809-A, 21-A MRSA §812, 21-A MRSA §901, 21-A MRSA §903-A

Legislative Document 
No. 1761 
H.P. 1227 
House of Representatives, March 27, 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 Representative PATRICK of Rumford. 
Cosponsored by Senator MARRACI-IE of Kennebec and 
7l/~ 
111· 7T!t2£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: Speaker CUMMINGS of Portland, FISHER of Brewer, SAMSON of Auburn, 
SIMPSON of Auburn. 
Prtntt:d nn fC(;ycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 21-A MRSA §l, sub-§13-A is enacted to read: 
13-A. Domestic partner. "Domestic partner" means one of 2 unmarried adults who 
are domiciled together under long-term arrangements that evidence a commitment to 
remain responsible indefinitely for each other's welfare. 
Sec. 2. 21-A MRSA §l, sub-§20, as amended by PL 2001, c. 310, §l, is further 
amended to read: 
20. 
Immediate family. 
"Immediate family" means a person's spouse, parent, 
grandparent, child, grandchild, sister, brother, stepparent, stepgrandparent, stepchild, 
stepgrandchild, stepsister, stepbrother, mother-in-law, father-in-law, brother-in-law, 
sister-in-law, son-in-law, daughter-in-law, domestic partner, guardian or former guardian. 
Sec. 3. 21-A MRS A §l, sub-§47-B is enacted to read: 
47-B. Voting booth or voting station. "Voting booth" or "voting station" means the 
location within a voting place where voters may mark their ballots or record their votes 
screened from the observation of others. "Voting booth" or "voting station" includes the 
area, location, booth, table or enclosure where voting takes place and includes any voting 
machine, voting device or accessible voting system placed in the voting booth or voting 
station. 
Sec. 4. 21-A MRSA §lOl, sub-§l, as amended by PL 1997, c. 436, §14, is 
further amended to read: 
1. Qualifications. The registrar must be a citizen of the United States, a resident of 
the State and at least 18 years of age. The registrar may not hold or be a candidate for 
any state, local or county office, or be an officer of a municipal, county or state party 
committee. The registrar may not be an employee of a party or candidate. 
Sec. 5. 21-A MRSA §lOl, sub-§lO is enacted to read: 
10. 
Ineligible to serve. 
When a member of the registrar's immediate family 
becomes a candidate for state, local or county office in the electoral division in which the 
registrar is appointed, the registrar may not serve as registrar during the period of that 
election. The registrar shall instead appoint a deputy to whom the municipality shall pay 
all associated costs for the duration of the deputy's temporary employment in that 
capacity. 
Sec. 6. 21-A MRS A §l03, sub-§6, as amended by PL 1999, c. 426, §5, is further 
amended to read: 
6. Appeal hearing. Upon receipt of a complaint by a person aggrieved by the 
decision of the registrar, the chair of the registration appeals board shall immediately fix a 
time and place for the board to meet for a prompt hearing. The voter must be given 
written notice of the hearing at least 20 days in advance and must have the opportunity to 
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testify and to present witnesses and other evidence at the hearing. The hearing is de novo. 
After hearing, the board may affirm, modify or reverse the decision of the registr~-,i of 
voters. The aggrieved person may appeal the decision of the board to the Superior Court 
in accordance with Rule 80B of the Rules of Civil Procedure. 
Sec. 7. 21-A MRS A §112, sub-§6, as amended by PL 1993, c. 695, §3, is further 
amended to read: 
6. Voting in another state. A person loses the person's voting residence in this 
State if the person registers to vote in another state or votes in another state's election, 
either in person or by absentee ballot. That person is not eligible to register or vote in this 
State until the person again qualifies under section 111. 
Sec. 8. 21-A MRS A §122, sub-§1, as amended by PL 2005, c. 453, § 13, is 
further amended to read: 
1. Entry into central voter registration system. The registrar shall enter the name 
and other information from the voter registration application of the applicant into the 
central voter registration system as expeditiously as possible after receipt of a voter 
registration application. The registrar shall register a person by first name, middle name 
or initial and last name, ef by first name or initial, middle and last name or by first name 
and last name. 
Sec. 9. 21-A MRS A §142, sub-§4 is enacted to read: 
4. Effective date of enrollment. The effective date of a voter's enrollment in a party 
is the date the registrar receives the voter's properly completed application for enrollment 
pursuant to this section. 
Sec. 10. 21-A MRSA §144, as amended by PL 2005, c. 453, §§26 and 27, is 
further amended to read: 
§ 144. Change of enrollment 
A voter may change the voter's enrollment anytime after 3 months from the date on 
which the voter enrolled by filing an application with the registrar personally, by mail or 
otherwise. 
1. Content of application. The application must contain the following information: 
Name of applicant, the date of birth, residence address, voting district, name of party in 
which enrolled, name of party in which enrollment is requested, signature of the applicant 
and the date of application. 
2. Party designation removed. On receipt of the application, the registrar shall 
remove the party designation of the applicant from the central voter registration system. 
The registrar shaH indicate in the central voter registration system that the applicant is 
ineligible to vote at a caucus or primary election for 15 days by designating the party 
enrollment field with the letter "X." Fifteen days after receiving the application, the 
registrar shall enroll the applicant in the party requested and enter the new party 
designation in the party enrollment field. 
This sHbseetion does not Clfl~ly in the ease of a Yoter v"ho efl:anges enrollment lffider 
sHbseetion 4. 
3. Restrictions during change of enrollment. Exeept as ~royided in sHbseetion 4, a 
¥eter During the 15-day period after a voter has filed an application to change enrollment, 
the voter has no party status and may not vote at a caucus, convention or primary election 
for 15 days after filing an a~plieation to ehange enrollment or be nominated as a 
replacement candidate pursuant to section 363. 
A voter must file an application to 
change enrollment prior to January 1st to be eligible to file a petition as a candidate in 
that election year. 
4. Change of residence. When a voter changes his residence from one municipality 
to another and establishes a new voting residence there, he may enroll in any ~arty and 
vote at a eaHeHS, eon .. 'ention or ~rimary election, or file a ~etition as a eandidate for 
nomination by primary eleetion, regardless of his ~re,,'ioHs enrollment the voter retains 
the party enrollment from the prior registration along with the applicable restrictions. 
5. Effective date of change of enrollment. The effective date of a voter's change of 
enrollment in a party is the 15th day after the date the registrar receives the voter's 
properly completed application for a change of enrollment pursuant to this section. 
Sec. 11. 21-A MRS A §152, sub-§l, ,A, as enacted by PL 1985, c. 161, §6, is 
amended to read: 
A. 
First name, middle name or initial and last name, er first name or initial, middle 
name and last name or first name and last name; 
Sec. 12. 21-A MRS A §154, sub-§l, ,A, as enacted by PL 1985, c. 161, §6, is 
amended to read: 
A. 
First name, middle name or initial and last name, er first name or initial, middle 
name and last name or first name and last name; 
Sec. 13. 21-A MRSA §161, sub-§4, as amended by PL 2005, c. 453, §32, is 
further amended to read: 
4. 
Proof of qualification is requested. 
If the registrar is in doubt as to the 
qualifications of a person to vote, the registrar shall fix a reasonable time and place for a 
hearing and give written notice of the hearing to the voter at the last known address 
provided by the voter at least 20 days in advance. The voter must have the opportunity to 
testify and to present witnesses and other evidence at the hearing. The voter may respond 
in person or in writing with proof of qualifications prior to the date of the hearing. After 
the hearing, the registrar shall determine whether the voter has met the voting 
qualifications and shall act accordingly. 
If the voter offers satisfactory proof of 
qualifications to the registrar, either prior to or at the hearing, the registrar may not cancel 
the voter's registration in the central voter registration system. If the voter fails to offer 
satisfactory proof of qualifications to the registrar, either prior to or at the hearing, the 
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registrar may cancel the voter's registration in the central voter registration system. If the 
voter fails to appear at the hearing and the registrar has proof that the voter does not meet 
the qualifications, the registrar may cancel the voter's registration in the central voter 
registration system. The registrar shall notify the voter, in writing, of the action taken and 
advise the voter of the appropriate appeal authority as specified in this Title. If the 
registrar decides to cancel the voter's registration in the central voter registration system 
after the hearing and a municipal or state election occurs before the cancelled voter has 
exhausted all appeals, then the voter remains in the central voter registration system for 
the election and may cast a challenged ballot. 
Sec. 14. 21-A MRSA §163, as amended by PL 2005, c. 453, §34, is further 
amended to read: 
§163. Appeal 
In a municipality that does not have a registration appeals board, if a person is 
aggrieved by the decision of the registrar of voters to cancel that person's registration in 
the central voter registration system or to rej ect that person's registration application, the 
person may appeal in writing to the municipal officers by filing a complaint. 
The 
municipal officers shall immediately fix a time and place for a prompt hearing. The voter 
must be given written notice of the hearing at least 20 days in advance and must have the 
opportunity to testify and to present witnesses and other evidence at the hearing. The 
hearing is de novo. After hearing, the municipal officers may affirm, modify or reverse 
the decision of the registrar of voters. The aggrieved person may appeal the decision of 
the municipal officers to the Superior Court in accordance with Rule 80B of the Rules of 
Civil Procedure. 
Sec. 15. 21-A MRSA §196, sub-§2, as enacted by PL 2005, c. 404, §2, lS 
amended to read: 
2. Voter lists or reports identifying voters. A person may purchase a list or report 
of voter information containing some or all of the information from the central voter 
registration system by making a request to the Secretary of State or to a municipal 
registrar if the information requested concerns voters in that municipality. The Secretary 
of State or the municipal registrar shall make available the following information, subject 
to the fees set forth in subsection 4 and the restrictions on use and redistribution of data 
set forth in subsection 7: the voter's name, residence address, mailing address, date of 
birth, enrollment status, electoral district, voter status, voter participation in previous 
elections including whether the voter cast a challenged or absentee ballot and voter record 
number, any voter identifieation numbers and any special designations indicating 
uniformed service voters, overseas voters or township voters. In addition, municipal 
clerks or registrars shall make available upon request the list of persons who requested or 
were furnished absentee ballots created and maintained pursuant to section 753-B subject 
to the fees set forth in subsection 4. 
Sec. 16. 21-A MRSA §196, sub-§3, as enacted by PL 2005, c. 404, §2, lS 
amended to read: 
3. Other reports. Any other reports generated from the central voter registration 
system, including reports that contain both the name of a voter and that voter's ¥etef 
idefltifieatioR oomber or voter record number that indicate whether the voter has voted or 
changed enrollment status, may be obtained from the Secretary of State upon request, or 
from a municipal registrar if the information requested concerns voters in that 
municipality, subject to the fees set forth in subsection 4 of this section but not subject to 
the restrictions on use and redistribution of data in subsection 7. 
Sec. 17. 21-A MRSA §307, sub-§5, as enacted by PL 2003, c. 447, §10, is 
amended to read: 
5. Use obscene designation. Consist of or comprise language that is obscene~ 
contemptuous, profane or prejudicial, promotes abusive or unlawful activity or violates 
any other provision of the laws of this State with respect to names. 
Sec. 18. 21-A MRS A §354, sub-§I, as amended by PL 2003, c. 447, §12, is 
further amended to read: 
1. Content. A nomination petition must contain the name of only one candidate, the 
candidate's place of residence, the office sought and electoral division. A nomination 
petition may contain as many separate papers as necessary and may contain the 
candidate's consent required by section 355. It may also contain the candidate's political 
designation. This designation may not exceed 3 words in length, may not incorporate the 
candidate's name or the designation or an abbreviation of the designation of a party that is 
qualified to nominate candidates by primary election and may not consist of or comprise 
language that is obscene, contemptuous, profane or prejudicial, promotes abusive or 
unlawful activity or violates any other provision of the laws of this State with respect to 
names. A candidate who intends to form a new party about that person's candidacy must 
use the proposed party's designation. 
A. 
When 2 United States Senators or 2 county commissioners are to be nominated, 
the nomination petition must contain the term of office sought by the candidate. 
B. 
The names of presidential electors must be placed on the petition as a slate. The 
names of the candidates for President and Vice President must be placed on a petition 
for the nomination of presidential electors. 
Sec. 19. 21-A MRSA §363, sub-§5 is enacted to read: 
5. Party enrollment of replacement candidate. A replacement candidate chosen 
by a political committee under this section must -be enrolled in the political party making 
the replacement nomination as of the time the nomination is made. 
Sec. 20. 21-A MRSA §371, first ~, as amended by PL 2001, c. 310, §22, is 
further amended to read: 
If a candidate for nomination dies, withdraws at least 60 days before the primary or 
becomes disqualified after having filed the candidate's primary petition, so that a party 
has fewer candidates than there are offices to be filled, the vacancy may be filled by a 
political committee pursuant to section 363. The Secretary of State shall declare the 
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vacancy pursuant to section 362-A. A candidate for nomination may not withdraw less 
than 60 days before the primary election. 
Sec. 21. 21-A MRSA §374-A, sub-§3 is enacted to read: 
3. Deadline for withdrawal. A candidate for an office on the general election ballot 
may not withdraw less than 60 days before the general election. 
Sec. 22. 21-A MRS A §383, sub-§l, as enacted by PL 1985, c. 161, §6, 1S 
repealed. 
Sec. 23. 21-A MRS A §601, sub-§2, as amended by PL 2003, c. 584, §§5 and 6, 
is further amended to read: 
2. Content. The ballot must contain the items listed in this section. 
A. 
Instructions must be printed in bold type at the top of the ballot informing the 
voter how to designate the voter's choice on the ballot. 
B. 
The ballot must contain the legal name, without any title, and place of residence 
of each candidate, arranged alphabetically with the last name first, under the proper 
office designation. The initial letters of the last names of the candidates must be 
printed directly beneath each other in a vertical line. The names of candidates for any 
one office may not be split into more than one column regardless of number. The 
name of each candidate may be printed on the ballot in only one space. For the 
general election ballot, the party or political designation of each candidate must be 
printed with each candidate's name. 
The party or political designation may be 
abbreviated. 
B-1. The candidate's name listed on the ballot must be the one approved by the 
Probate Court, pursuant to Title 18-A, section 1-701, or, in the absence of an 
applicable court order, the name consistently used by the candidate during the past 2 
years in filings with governmental agencies and in the transaction of public business, 
including without limitation transactions relating to voter registration; motor vehicle 
registrations; driver licenses; a passport; professional licenses; local, state or federal 
permits of any kind; public benefit programs; and veterans' benefits and social 
security. If requested by the Secretary of State when there is a question concerning 
which name should be listed on the ballot, it is the obligation of the candidate to 
provide documentation to demonstrate consistent use of a particular name. 
C. 
When 2 United States Senators are to be nominated, the term of office sought by 
each candidate must be specified on the ballot. 
D. 
At the end of the list of candidates for each office, there must be left as many 
blank spaces as there are vacancies to be filled. These spaces may be used by a voter 
to write in or paste a sticker \ .... ith the name and municipality of residence of an;' ~ 
person for whom the voter desires to vote, as provided in section 691, subsection 2 
for a primary election or section 692, subsection 2 for a general election. 
E. 
Words of explanation such as, "Vote for one" or "Vote for not more than 2" must 
be printed on the ballot to assist the voter in voting correctly. 
F. 
There must be a place on the ballot for the voter to designate the voter's choice. 
G. 
There must be a heading on the ballot that contains the title of the election, tfi@ 
name of the politisal part)', the name of the voting district or districts for which the 
ballot was prepared, the date of the election and a facsimile of the state seal. For each 
party's primary ballot, the ballot heading must contain the name of the political party 
participating in the primary. 
H. 
The name of each nominee must appear on the ballot as follows: last name first 
followed by the first name and middle name or initial; 6f last name first followed by 
the first name or the first initial and the middle name; or last name first followed by 
the first name. 
I. 
For ballots that are double sided, each side of the ballot must include a clearly 
printed message at the bottom of the ballot reminding the voter to mark both sides of 
the ballot. 
Sec. 24. 21-A MRS A §601, sub-§3, as amended by PL 2001, c. 310, §29, is 
further amended to read: 
3. Order of offices. The order of offices on the ballot is as follows: President, 
United States Senator, Governor, Representative to Congress, State Senator and 
Representative to the Legislature follo¥led by, and the county offices in the following 
order: judge of probate, register of probate, county treasurer, register of deeds, sheriff, 
district attorney and county commissioner. 
Sec. 25. 21-A MRSA §603, sub-§l, ~A, as amended by PL 1997, c. 436, §77, is 
further amended to read: 
A. 
The words "SAMPLE BALLOT" in bold type, the title and date of the election, 
and the name of the voting district must be printed at the top of the ballot. The 
facsimile of the state seal may not be printed on it. It must be printed flat with the 
bask blank. Otherwise, it must be printed substantially the same as a regular ballot. 
Sec. 26. 21-A MRSA §603, sub-§2, as amended by PL 1997, c. 436, §77, is 
further amended to read: 
2. When furnished. The Secretary of State shall send a reasonable number of 
sample ballots to the clerk for posting, as provided in section 625, and an additional 
nmnber '.'lith the regl:llar ballots for voter information. 
Sec. 27. 21-A MRSA §605, sub-§4 is enacted to read: 
4. Secretary of State to determine format. The Secretary of State shall determine 
the format of all instructional materials and posters and may combine similar materials 
into one notice or poster. 
Sec. 28. 21-A MRS A §606, as amended by PL 2005, c. 568, §13, is further 
amended to read: 
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§606. Materials furnished 
Within a reasonable time before any election, the Secretary of State shall furnish each 
municipality with official ballots and sample ballots, including a sufficient nwnber to be 
used for testing electronic tabulating systems or other voting devices, if applicable, 
instruction posters, election return forms, posters for constitutional resolutions and 
statewide referenda, including the Attorney General's explanatory statements prepared 
under Title 1, section 353, materials setting forth the full text of all constitutional 
resolutions and statewide referenda and other materials necessary for conducting and 
reporting the results of the election. 
1. Number of ballots furnished. The Secretary of State shall review the number of 
votes cast at the last election of that type as well as current registration and enrollment 
statistics in each voting district when determining the nwnber of ballots to be furnished to 
each municipality. If the clerk believes that extra ballots will be needed, the clerk must 
request them from the Secretary of State a reasonable time before the election. The 
Secretary of State may send the requested nwnber to the clerk and may furnish as many 
additional ballots as the Secretary of State believes necessary. 
2. How packaged. The ballots must be packed in sealed, marked packages in units 
as determined by the Secretary of State. The other election materials must be separately 
packed in a sealed package or packages or box or boxes and sent to the clerk of each 
municipality. Each package or box must be labeled on the outside with each kind of 
material enclosed and the name of the voting place for which it is intended. 
3. Receipt issued; inspection of ballots in an election. Upon receipt of a package 
or box containing absentee ballots or blank absentee ballots for an election, the clerk shall 
open the sealed package or box of ballots and verify that the ballots do not contain any 
errors and that the correct nwnber of ballots has been received. 
The clerk shall 
immediately notify the Secretary of State if a ballot is incorrect or if the correct number 
of ballots has not been received and shall also immediately send the Secretary of State a 
receipt for the absentee ballots received noting any discrepancies on the receipt. The 
clerk shall then proceed to issue absentee ballots or blank absentee ballots in response to 
pending requests. Upon receipt of a package or box containing regular ballots for an 
election, the clerk shall open, in the presence of one or more witnesses, the sealed 
package or box of ballots and verify that the ballots do not contain any errors and that the 
correct number of ballots has been received. The clerk shall immediately notify the 
Secretary of State if a ballot is incorrect or if the correct number of ballots has not been 
received. Ballots to be used for testing electronic tabulating systems or other voting 
devices may be removed at this time and immediately marked as provided by subsection 
3-A. The clerk shall complete the clerk's portion of the warden's receipt of ballots and 
shall then reseal the package or box of regular ballots and secure the package or box of 
ballots until election day when it is delivered to the warden at the polling place. 
3-A. Use of test ballots in an election. Ballots may be used to test electronic 
tabulating systems or other voting devices under seetion 854 this Title. In the presence of 
one or more witnesses, the clerk shall clearly mark each ballot used for testing with the 
word "TEST" across the front side of the ballot in black or blue indelible ink. The clerk 
shall keep a record of the number of ballots used for testing purposes and seal the record 
with the test ballots in a container labeled "TEST BALLOTS" at the conclusion of the 
testing. 
4. Records kept. The Secretary of State shall keep a record of the time when and 
the manner in which the ballots were furnished to each voting place. 
5. 
Reproducing official ballots. 
It is unlawful for aHj' ~ person to copy or 
reproduce an unmarked official ballot without the express authorization of the Secretary 
of State. 
Sec. 29. 21-A MRSA §627, sub-§4, as amended by PL 2001, c. 310, §33, is 
further amended to read: 
4. Minimum size of polling place; complaint to Secretary of State. Municipalities 
must provide a polling place large enough to allow at least one worker from each political 
party to remain outside the guardrail enclosure as a pollwatcher. If the municipality uses 
an incoming voting list for a polling place that is divided into separate segments by 
voting district or by the alphabetic listing of voters' names, then the municipality must 
allow at least one worker from each political party to remain outside the guardrail 
enclosure as a poll watcher at each separate segment of the voting list. Additional party 
workers and others are allowed if there is sufficient space at the polling place. If the 
space at the polling place is so limited that the presence of the additional party workers 
and others would interfere with the election process, the warden shall prohibit their 
presence. If the chair of any party's state committee submits a written complaint to the 
Secretary of State at least 60 days before an election, the Secretary of State shall 
authorize an inspection of the polling place considered to be too small to allow party 
workers access. If the Secretary of State finds a polling place to be too small to allow 
party workers access, the Secretary of State shall instruct the municipal officers to change 
the location of the polling place to one of a suitable size. The municipal officers fffilSt 
shall advertise the change of the polling place at least 3 times in the daily or weekly 
newspaper, or both, that covers the area. 
Sec. 30. 21-A MRSA §629, sub-§l, ~A-l, as enacted by PL 2003, c. 407, §18, is 
amended to read: 
A-I. 
In every election, the municipal officers shall provide at least one voting booth 
in each voting place that is accessible for persons with disabilities. The accessible 
voting booth may be used to meet the minimum requirements under paragraph A~ 
except that it may not be the only voting booth used at the polling place. 
Sec. 31. 21-A MRS A §629, sub-§4, as amended by PL 1997, c. 436, §90, is 
further amended to read: 
4. Booth for the visually impaired. The clerk shall equip at least one of the voting 
booths at the voting place with an enlarged instruction poster, a magnifying device and an 
adjustable lamp for improved lighting. The clerk may also equip the voting booth with an 
enlarged sample ballot at the clerk's own discretion. The voting station provided by the 
State along with the accessible voting device may be used to meet the requirements of 
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this subsection. The voting station may not be used at the polling place for purposes other 
than voting. 
Sec. 32. 21-A MRS A §631, sub-§l, as amended by PL 1999, c. 426, §20, is 
further amended to read: 
1. Procedure. The municipal officers may divide a town or ward into convenient 
voting districts after public notice and hearing held at least 90 days before aftY an 
election. 
After the hearing, the municipal officers mast shall prepare a certificate 
defining the limits of each district. 
The~' must The municipal officers shall file the 
certificate with the clerk who shall record it. The clerk shall immediately file an attested 
copy of the certificate with the Secretary of State. The clerk shall post an attested copy of 
the certificate in a conspicuous, public place in the town or ward, and shall publish it in at 
least one newspaper having general circulation in the municipality at least 30 days before 
election day. 
Voting districts, once established, may be consolidated into a lesser 
number of districts by following the same procedure. Voting districts may be established 
or consolidated under this section for all or only certain classes of elections. If.-the 
municipal officers detennine that there is no building within a '>'oting district that is 
suitable for a '>'oting place, as described in section 627, the municipal officers may, 
subject to the appro'>'al of the Secretary of State, establish a '>'oting place outside the 
voting district in a suitable building that is as close as possible to the voting district and as 
convenient as possible to the voters ofthe voting district. 
Sec. 33. 21-A MRSA §631-A is enacted to read: 
§631-A. Voting places 
1. Establishing suitable voting places. If the municipal officers determine that 
there is no building within a voting district that is suitable for a voting place, as described 
in section 627, the municipal officers may, subject to the approval of the Secretary of 
State, establish a voting place outside the voting district in a suitable building that is as 
close as possible to the voting district and as convenient as possible to the voters of the 
voting district. 
2. Consolidating votin2 places. The municipal officers may, after public notice and 
hearing held at least 90 days before an election, and subject to the approval of the 
Secretary of State, consolidate voting places so that more than one voting district votes in 
the same voting place. When voting places are consolidated under this process, the voters 
from the different voting districts may vote in the same or separate guardrail enclosures in 
the building. 
Sec. 34. 21-A MRSA §671, sub-§3, as enacted by PL 1985, c. 161, §6, IS 
amended to read: 
3. Ballot issued. The election clerk in charge of the ballots shall give the voter one 
ballot of each kind to which he the voter is entitled. The election clerk in charge of the 
ballots may not give a voter voting with the accessible voting system a ballot. Instead, an 
election official shall escort the voter to the voting station containing the accessible 
voting system, instruct the voter on its proper use and provide the voter with access to all 
ballots to which the voter is entitled. The voter shall cast the voter's ballot using the 
accessible voting system. 
Sec. 35. 21-A MRS A §672, as amended by PL 1993, c. 255, §4, IS further 
amended to read: 
§672. Assistance 
A voter who is unable to read or mark his the ballot because of physical disability, 
illiteracy or religious faith 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 the ballot or marking the ballot according to the voter's wishes. When assisting a 
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voter, the aide may not tell the voter how to make the voter's choices or otherwise 
influence the voter in violation of section 682. 
1. Assistance by election officials. The voter may request one or more election 
officials to assist. 
2. Assistance by persons not voters. The assistant need not be a voter or of voting 
age. 
3. ," .. ssistasee is readisg the ballet. A Yoter who is illiterate or yisually impaired or 
has another disability that makes it difficult to read a ballot may request that the ballot be 
read to that yoter. 
Sec. 36. 21-A MRSA §673, first ~, as enacted by PL 1985, c. 161, §6, IS 
amended to read: 
A voter of any ~ municipality or an election official may challenge the right of 
another to vote at any an election in that municipality. 
Sec. 37. 21-A MRSA §673, sub-§l, ~A, as repealed and replaced by PL 2003, c. 
688, Pt. B, §6, is amended to read: 
A. 
A voter or an election official 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 person: 
(1) Is not a registered voter; 
(2) Is not enrolled in the proper party, 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 sections Ill, 
subsection 2 and section Ill-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, except that only an election official may challenge 
for this reason; 
(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; 
( 11) Committed any other specified violation of this Title; or 
(12) 
Voted using the wrong ballot for the appropriate electoral district or 
political party, if applicable. 
Sec. 38. 21-A MRSA §673, sub-§7 is enacted to read: 
7. 
Hearing held. After the election at which a voter has been challenged, the 
registrar shall hold a hearing to confinn the qualifications of the challenged voter 
pursuant to section 161, subsection 4. The qualifications of the voter must be resolved 
within a reasonable time after the election and the voter's name either retained or 
cancelled from the central voter registration system. 
Sec. 39. 21-A MRSA §681, sub-§3, ~A, as enacted by PL 1985, c. 161, §6, is 
amended to read: 
A. 
If the voter requests assistance under section 672, a proper an election official 
designated by the warden or an aide requested by the voter may enter the voting 
booth with the voter. 
Sec. 40. 
21-A MRSA §681, sub-§4, as enacted by PL 1985, c. 161, §6, IS 
amended to read: 
4. Outside the guardrail enclosure. Party If sufficient space exists, party workers 
and others, in addition to the pollwatchers allowed pursuant to section 627, may remain in 
the voting place outside the guardrail enclosure as long as they do not attempt to 
influence voters or interfere with their free passage. If aftY ~ person attempts to influence 
voters or interfere with their free passage, the warden shall have him the person removed 
from the voting place. 
Sec. 41. 21-A MRS A §682, sub-§3, ~A, as repealed and replaced by PL 2003, c. 
447, §22, is amended to read: 
A. 
This subsection does not apply to advertising material on automobiles traveling 
to and from the voting place. It does Hot prohibit a perSOH from passiHg out stiekers 
at the I,toting plaee to ae pasted on the aallot at a primary eleetion. 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. 
Sec. 42. 21-A MRSA §691, sub-§2, as amended by PL 1993, c. 473, §21 and as 
affected by §46, is further amended to read: 
2. Write-in vote. If the voter wishes to vote for a person whose name is not on the 
ballot, the voter must write the name and municipality of residence or paste a stieker 
containing the Bame aBd municipality of resideBce in the blank space provided at the end 
of the list of candidates for nomination to the office in question. The voter must then 
mark the ballot as instructed in the directions on the ballot to indicate a vote for the write-
in candidate. 
• 
Sec. 43. 21-A MRS A §696, sub-§2,~, as amended by PL 2005, c. 568, §16, is 
further amended to read: 
D. 
If a voter writes in a name and municipality of residence, or pastes a sticker 
eontainiBg the candidate's aame aBd municipality of resideBce in the write-in space 
pursuant to section 691, but does not mark the write-in indicator, that vote for that 
office may not be counted. 
Sec. 44. 21-A MRSA §696, sub-§2, ~E, as amended by PL 2005, c. 404, §3, is 
further amended to read: 
E. 
If a voter writes in a write-in space a fictitious name, the name of a deceased 
person, the name of a person who has not filed a declaration of write-in candidacy as 
provided by section 722-A or the name of a person from outside the State who eeWti 
Bet is not qualified to be a candidate for that office, the vote for that office may not be 
counted. 
Sec. 45. 21-A MRS A §711, sub-§3, as repealed and replaced by PL 2001, c. 310, 
§48, is amended to read: 
3. Clerk to record. The clerk shall record the attested copies of the election return 
with the Secretary of State within 3 business days after election day. 
Sec. 46. 21-A MRS A §722-A, as enacted by PL 1999, c. 426, §24, is amended to 
read: 
§722-A. Determination of write-in candidate 
To be considered a valid write-in candidate, a person must file a declaration of write-
in candidacy with the Secretary of State, on a form approved by the Secretary of State, 
either before the electioB or BO later thaB 3 busiBess days after the election on or before 5 
p.m. on the 3rd business day prior to the election. The candidate must meet all the other 
qualifications for that office. 
Sec. 47. 21-A MRS A §753-B, sub-§l, as amended by PL 2003, c. 447, §30, is 
further amended to read: 
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 or to the immediate family member or to a 3rd person 
designated in a written application or request made by the voter, except that the clerk 
does not have to issue a ballot by mail to an address outside the municipality for a voter 
whose request was received on the day before election day or to any voter whose request 
was received on election day. 
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. 
Sec. 48. 21-A MRSA §753-B, sub-§8, as amended by PL 2005, c. 568, §19, is 
further amended to read: 
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, starting as soon as the ballots are available in the clerk's office and ending at the 
close of business on the 2nd business day before the election. On the day before election 
day and on election day, absentee voting is limited to ballots requested in writing 
pursuant to section 753-A and issued pursuant to this section for voting outside 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 <my advertising material 
intended to influence a voter's decision regarding a candidate or question on the ballot for 
that election is prohibited within the clerk's office and on public property within 250 feet 
of the entrance to the building in which the clerk's office is located. 
This subsection does not apply to the display or distribution of <my campaign advertising 
material on private property that is within 250 feet of the entrance to the building in 
which the clerk's office is located. 
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. 49. 21-A MRSA §759, sub-§2, as amended by PL 1995, c. 459, §77, is 
further amended to read: 
2. Accepted if correct. If the warden finds that the affidavit is properly completed, 
that the clerk has verified that the signature on the envelope matches the signature on the 
application where applicable, that the person is registered and enrolled where necessary, 
the warden shall then examine the incoming voting list to determine whether the voter 
voted in person at the election. The warden shall then announce the name of each 
absentee voter who has not voted at the election and remove each ballot from its envelope 
without destroying the envelope or unfolding the ballot. After having an election clerk 
from a political party different from that of the warden mark the letters "A V" beside the 
name of each absentee voter on the incoming voting lists and place a check mark or 
horizontal line in red ink on the list beside the voter's name, the warden shall accept the 
ballot. 
Sec. 50. 21-A MRSA §759, sub-§4, as enacted by PL 1985, c. 161, §6, IS 
amended to read: 
4. Warden to check absentee ballot for correct party or district. At a primary 
election when the warden removes a ballot from its envelope, fie the warden shall check 
its color to be sure it is the ballot of the party in which the voter is enrolled. If it is not, fie 
the warden shall immediately replace it in its envelope, reseal the envelope and write 
"Rejected" on it, the reason why and his the warden's initials. At a primary or general 
election in a municipality that has more than one voting district, when the warden 
removes a ballot from its envelope, the warden shall check its color to be sure it is the 
ballot of the district in which the voter is registered. If it is not, the warden shall 
immediately replace it in its envelope, reseal the envelope and write "Rejected" on it, the 
reason why and the warden's initials. 
Sec. 51. 21-A MRSA §762, sub-§l, as enacted by PL 1985, c. 161, §6, IS 
amended to read: 
1. Name and address. The voter's name and legal residence address typed or 
written in ink by the clerk in the upper left hand comer designated section of the return 
envelope; 
Sec. 52. 21-A MRSA §808, sub-§l-A is enacted to read: 
I-A. Accessible voting system. "Accessible voting system" means a voting system 
that is accessible for individuals with disabilities, including nonvisual accessibility for the 
blind and visually impaired, in a manner that provides the same opportunity for access 
and participation, including privacy and independence, as for other voters. 
Sec. 53. 21-A MRS A §808, sub-§12 is enacted to read: 
12. Voting system. "Voting system" means the total combination of mechanical, 
electromechanical or electronic equipment, including the software, firmware and 
documentation required to program, control and support the equipment, that is used to 
define or produce ballots, to cast and count votes, to report or display election results and 
to maintain and produce any audit trail information. 
Sec. 54. 21-A MRSA §809-A, sub-§l-A, as enacted by PL 2005, c. 683, Pt. L, 
§ 1, is amended to read: 
I-A. Prohibition not applicable. For the purpose of providing a voting system 
equipped for individuals with disabilities as required by section 812-A, subsection 1 and 
the federal Help America Vote Act of 2002, Public Law 107-252, the prohibition in 
subsection 1 does not apply to the connection of individual voting devices to a central 
• 
server using a wired, point-to-point telephone connection that is not Internet-enabled 
when the central server is operated or managed by the Secretary of State. 
This subseetion is repealed 90 days after the adjournment of the First Regular Session of 
the 123rd Legislature. 
Sec. 55. 21-A MRSA §812, sub-§lO, as amended by PL 2005, c. 445, § 1, is 
further amended to read: 
10. Paper audit trail. Except for an accessible voting equipment system that must 
be provided by 2006 in compliance with the federal Help America Vote Act of 2002 as 
provided in section 812-A, subsection 1, it must produce or employ permanent paper 
records of the votes cast that are able to be verified by individual voters before their votes 
are cast and that provide a manual audit capacity for the machine. In the case of direct 
recording electronic voting machines, those records must also identify the individual 
machines that produced them without revealing the identities of the voters who cast the 
ballots. In all cases, these records must be reviewed in the event of a recount and 
considered in conjunction with the machine-produced tally. 
Sec. 56. 21-A MRS A §812-A, as amended by PL 2005, c. 445, §2, is further 
amended to read: 
§812-A. Accessible voting system 
1. Accessible voting system at each polling place. The Secretary of State, in 
compliance with the voting accessibility requirements of the federal Help America Vote 
Act of 2002, shall provide one direct recording electronic voting machine, or other 
accessible voting system equipped for individuals with disabilities, for use at each polling 
place used in the conduct of state elections. Such machines must produce permanent 
paper records that provide a manual audit capacity for the machines and must also 
provide voters with audio functions that enable the voters to verify their ballots aurally 
before the votes are cast, and all such machines must meet the requirements of section 
812, subsection 10 unless the Secretary of State is unable to procure machines that the 
Secretary of State determines are adequate to meet the requirements of this section and 
section 812 in time to comply with the Help America Vote Act of 2002. 
Additional accessible voting machines may be used in the conduct of state elections, but 
those machines must meet the requirements set forth in section 812. 
Sec. 57. 21-A MRSA §901, sub-§5, as enacted by PL 1993, c. 352, §1, IS 
amended to read: 
5. Summary of proposal. For a direct initiative, the Secretary of State shall request 
the Revisor of Statutes to recommend a concise summary that objectively describes the 
content of the proposed law. The Secretary of State shall approve or amend the summary 
and the summary must be attaehed to the end of the proposed law printed on the petition 
as required by section 901-A. 
Sec. 58. 21-A MRS A §903-A, sub-§l, as amended by PL 1997, c. 637, §1, is 
repealed. 
Sec. 59. 21-A MRSA §903-A, suh-§2, as amended by PL 1997, c. 637, §1, is 
repealed. 
Sec. 60. 21-A MRS A §904, as enacted by PL 1985, c. 161, §6, is repealed and the 
following enacted in its place: 
§904. Violations and penalties 
1. Class E crime. A person commits a Class E crime if that person: 
A. Knowingly signs an initiative or referendum petition with a name other than the 
person's own name; or 
B. Knowingly signs the person's name more than once on initiative or referendum 
petitions for the same measure. 
2. Class D crime. A person commits a Class D crime if that person: 
A. 
Circulates an initiative or referendum petition and willfully swears that a 
signature to the petition was made in the circulator's presence when it was not; 
B. Circulates an initiative or referendum petition and swears that a signature is that 
of a person whose name it purports to be when the circulator knows that the signature 
is not that of the person; or 
C. Is authorized by law to administer oaths and willfully and falsely acknowledges 
the oath of a circulator of an initiative or referendum petition when that oath was not 
made in the presence of that person. 
SUMMARY 
This bill adds a definition for "domestic partner" and includes a domestic partner in 
the definition of "immediate family." The bill also adds definitions for "voting booth," 
"voting station," "accessible voting system" and "voting system." The bill clarifies who 
is ineligible to serve as registrar of voters. It also makes changes to the process for a 
voter registration appeals hearing by specifying the minimum time period for written 
notice, establishing that the hearing is a de novo hearing and requiring that a voter be kept 
in the central voter registration system and allowed to cast a challenged ballot until the 
appeals are exhausted. The bill specifies that a person loses a voting residence when that 
person registers to vote in another state. It also clarifies the requirements for the name by 
which a voter may register to vote and for how a candidate's name may be listed on a 
state ballot. The bill clarifies the requirements for change of enrollment, including the 
restrictions during the I5-day period until the change becomes effective. The bill also 
makes the language on prohibited party names or political designations consistent with 
other laws on prohibited names. The bill prohibits a candidate from withdrawing less 
than 60 days before a primary or general election. The bill clarifies the Secretary of 
State's authority to determine the format of all instructional election materials. The bill 
clarifies that the requirements for providing test ballots apply to other voting devices, 
such as the accessible voting system. It also clarifies that the minimum requirement to 
allow one poll watcher from each of the qualified parties applies to each segment of the 
incoming voting list if the municipality divides the list by voting district or by the 
alphabetic listing of the voters' names. 
This bill clarifies the requirements for the 
accessible voting system and prohibits the municipality from using the accessible voting 
system for purposes other than voting. This bill also clarifies the process for establishing 
and consolidating voting places, as distinct from the process of establishing or 
consolidating voting districts. It also clarifies the process for facilitating a voter's use of 
the accessible voting system. The bill clarifies how a voter may receive assistance from 
another person in voting. 
This bill clarifies the process for an election official to 
challenge a voter as well as the process for the registrar to resolve the status of challenged 
voters after the election. The bill eliminates the use of stickers for write-in candidates at 
a primary election. 
It also changes the deadline for a write-in candidate to file a 
declaration of write-in candidacy to 5 p.m. on the 3rd business day prior to the election 
and provides that a write-in vote may not be counted as valid unless the name is of a 
person who has filed a declaration of write-in candidacy by the deadline. This bill 
restricts absentee voting on the day before election day and on election day to ballots 
requested in writing and issued for voting outside the presence of the clerk and further 
provides that a clerk does not have to issue a ballot by mail if the request is received on 
election day or on the day before election day if the voter is outside the municipality.