An Act To Clarify Election Laws Concerning Election Clerks' Qualifications
Maine Legislature, Session 123, LD 0027
Committee Amendment CA_A_H568 (House)
Amends: 21-A MRSA §503

COMMITTEE AMENDMENT ,,~ " to H.P. 29, L.D. 27, Bill, "An Act To Clarify 
Election Laws Concerning Election Clerks' Qualifications" 
Amend the bill by inserting after the title and before the emergency preamble the 
following: 
'Mandate preamble. This measure requires one or more local units of government 
to expand or modify activities so as to necessitate additional expenditures from local 
revenues but does not provide funding for at least 90% of those expenditures. Pursuant to 
the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to 
each House have determined it necessary to enact this measure. ' 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and inserting the following: 
'Sec. 1. 21-A MRSA §503, sub-§l, as repealed and replaced by PL 1995, c. 459, 
§33, is amended to read: 
1. Qualifications; appointment; compensation. Election clerks must be at least 18 
years of age, registered to vote and a residem residents of the municipality, except that, if 
the municipal officers, after providing timely notice to state and local chairs of political 
parties of the lack of available election clerks, are unable to appoint a sufficient number 
of election clerks who are residents of the municipality, the municipal clerk may appoint 
election clerks who are not residents of the municipality but who are residents of the 
county and are otherwise qualified to fill the vacancies. The municipal officers of each 
municipality shall appoint election clerks no later than May 1 st of each general election 
year to serve at each voting place during the time the polls are open and as counters after 
the polls close. A list of the election clerks appointed b~c the ffiHBieipal offieers under this 
subsection must be posted at each voting place. 
Election clerks are entitled to a 
reasonable compensation as determined by the municipal officers. 
Sec. 2. 21-A MRSA §503, sub-§2, as amended by PL 2003, c. 584, §4, is further 
amended to read: 
Page I-123LR0874(02)-1 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" fl' to H.P. 29, L.D. 27 
2. Representation of parties. The municipal officers shall consider the following 
for appointment as election clerks. 
A. The municipal officers shall consider persons nominated by the municipal, county 
or state committees of the major parties to serve as election clerks. The municipal 
officers shall appoint at least one election clerk from each of the major parties to 
serve at each voting place during the time the polls are open. The municipal officers 
shall also appoint a sufficient number of election clerks to serve as counters after the 
polls close. The election clerks must be selected so that the number of election clerks 
from one major party does not exceed the number of election clerks from another 
major party by more than one. 
B. The municipal officers shall appoint at least one election clerk nominated by the 
municipal committee of a qualified minor party represented on the last general 
election ballot for each voting place at the committee's request. 
C. Notwithstanding subsection 1, the municipal officers may also consider persons 
who are 17 years of age to serve as student election clerks for a specific election. A 
student election clerk may perform all the functions of an election clerk as prescribed 
by this Title. 
All nominations for election clerks must be submitted to the municipal officers no later 
than April 1 st of each general election year. If a municipal committee of a major party 
fails to submit a list of nominees to serve as election clerks, the municipal officers may 
appoint registered voters enrolled in that party to serve as election clerks. 
If the municipal officers are unable to appoint a sufficient number of election clerks as set 
forth in paragraphs A, Band C, they may appoint any other registered voter, as long as 
the balance between major political parties is maintained. The municipal clerk shall 
complete a form provided by the Secretary of State when a registered voter changes party 
enrollment status in order to be available to serve as an election clerk and to maintain a 
balance between the major political parties and that election clerk participates in the 
counting of ballots. The form must be included with all ballots separated into lots in 
accordance with section 695, subsection 2 when an election clerk who has changed party 
enrollment status as described in this subsection made the count for that lot of ballots and 
with tabulation results submitted to the Secretary of State. By January 15th after a 
general election, the Secretary of State shall report to the joint standing committee of the 
Legislature having jurisdiction over legal affairs the number of forms required by this 
subsection that were submitted with tabulation results and whether any election that 
resulted in a recount included ballots that were counted by an election clerk who changed 
party enrollment status as described in this subsection.' 
SUMMARY 
This amendment, which is the minority report of the committee, requires a municipal 
clerk to notify the chairs of the local and state party committees of the lack of available 
election clerks necessary to provide a balance among the major political parties. After 
providing this notice the clerk may appoint election clerks from within the county. This 
amendment also requires municipal officers to consider persons nominated from the 
county and state party committees when appointing election clerks. 
Finally, this 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "11 "to H.P. 29, L.D. 27 
amendment requires the municipal clerk to provide a written statement when a registered 
voter changes party enrollment status in order to be available to serve as an election clerk 
to maintain a balance between the major political parties and that election clerk 
participates in the counting of ballots. That form must be filed with tabulation results 
sent to the Secretary of State and attached to the sorted group of ballots counted by an 
election clerk who conducted the count on those ballots. This amendment also requires 
the Secretary of State to report how many forms regarding election clerks who changed 
party enrollment status were submitted. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 06/12/07 hac 
LD27 
LR874(02) 
An Act To Clarify Election Laws Concerning Election Clerks' Qualifications 
Fiscal Note for Bm as Amended by Committee Amendment "A " 
Committee: Legal and Veterans Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR0874(02) - Fiscal Note - Page 1 of 1