An Act To Amend the Election Laws
Maine Legislature, Session 124, LD 1169
Committee: Legal and Veterans Affairs suggestyd and
Sponsors: TRINW ARD, BEAULIEU, FITTS, PINKHAM
Amends: 21-A MRSA §1, 21-A MRSA §23, 21-A MRSA §112-A, 21-A MRSA §158, 21-A MRSA §163, 21-A MRSA §334, 21-A MRSA §335, 21-A MRSA §353, 21-A MRSA §601, 21-A MRSA §6, 21-A MRSA §671, 21-A MRSA §682, 21-A MRSA §696, 21-A MRSA §721, 21-A MRSA §737-A, 21-A MRSA §753-A, 21-A MRSA §827, 21-A MRSA §901, 21-A MRSA §906

Legislative Document 
No. 1169 
H.P.808 
House of Representatives, March 25,2009 
An Act To Amend the Election Laws 
Submitted by the Secretary of State pursuant to 10intRule 204. 
Reference to the Committee on Legal and Veterans Affairs suggestyd and ordered printed. 
, Presented by Representative TRINW ARD of Waterville. 
, '7r!dt~ 1/1. 7lltlC;:f~{ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BEAULIEU of Aubum, FITTS of Pittsfield, PINKHAM of 
Lexington Township, RUSSELL ofPOliland. 
PrilH..:J on n:..:ydeJ ri..lpel' 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 21-A. MRSA §1, sub..,§20, as amended by PL 2007, c. 122, §2, is fmiher 
amended to read: 
20. 
Immediate family. 
"Immediate. family" means a person's spouse, parent, . 
grandparent, child, grandchild, sister,' half-sister, brother, half-brother, stepparent,. 
stepgrandparent, stepchild, stepgrandchild, stepsister, stepbrother, mother-in-law, fathel'~ 
in-law,. brother-in-law, sister-in-law, son-in-law, daughter-in-law, guardian, former 
guardian ef~ domestic paliner, the half-brother or half-sister of a person's spouse, or the 
spouse of a person's half-brother or half-sister. 
Sec. 2. 21-A MRSA §1, sub-§33, as enacted by.PL 1985, c. 161, §6,is repealed. 
Sec. 3. 21-A MRS A §1, sub-§33-A is enacted to read: 
33-A.· Public counter.· "Public counter" means a separate counter built into a voting 
device that records the total number of ballots cast or tabulated on the voting device for 
an election. 
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Sec. 4. 21-A MRSA §23, sub-§3-A is enacted to read: 
3-A. Direct initiative of legislation and people's veto petitions. The Secretary of 
State shall keep direct initiative of legislation and people's veto petitions in the Office of 
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the Secretary of State for 2 months after any appeal period has passed. 
Sec. 5. 21-AMRSA §103, sub-§6, as amended by PL 2007, c.455, §4, is further 
. amended to read: 
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6. Appeal hearing. Upon receipt of a complaint by a person aggrieved by the 
decision ofthe registrar, the chair ofthe 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 
testify and to present witnesses and other evidence at the hearing. The hearing is de novo. 
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After hearing, the board may affirm, modify or reverse the decision of the registrar of 
voters. 
The board shall issue the decision to the voter in writing and shall provide 
infonnation on how the voter may appeal the decision. The aggrieved person may appeal 
the decision of the board to the Superior Court in accordance with Rule 80B ofthe Rules 
of Civil Procedure. 
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Sec. 6. 21-A MRS A §112, sub-§l, ~A, as amended by PL 1997, c. 436, §20, is 
further amended to read: 
A. 
The following factors may be offered by an applicant and considered by a 
registrar in determining a person's residence under this section. The registrar need 
not find all of these factors to be present in order to conclude that an applicant 
qualifies to register to vote in the municipality: 
(1) 
A direct statement of intention by the person pursuant to section 121, 
subsection 1; 
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(2) The location of any dwelling currently occupied by the person; 
(6) The place where any motor vehicle owned by the person is registered; 
(8) The resjdence address, not a post office box, shown on a current income tax 
return; 
(9) The residence address, not a post office box, at which the person's mail is 
received; 
(IO) The residence address, not a post office box, shown on any current resident 
hunting or fishing licenses held by the person; 
(12) The residence address, not a post office box, shown on any motor vehicle 
operator's license held by the person; 
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(14) The receipt of any public benefit conditioned upon residency, d!'!fined 
substantially as provided in this subsection; or 
(16) Any other objective facts tending to indicate a person's place of residence. 
Sec. 7. 21-A MRSA §112-A is enacted to read: 
§112-A. Proof of identity for voting purposes 
Any of the following forms of documentation may be offered by an applicant and 
considered by a registrar in verifYing the identity of an applicant who is registering to 
vote under this· chapter and whose name does not already appear in the central voter 
registration system as a registered voter. The registrar need not request or consider all of 
these fonns of documentation in order to verifY an applicant's identity. 
1. 
Government-issued photograph identification document or credential. A 
government-isslled photograph identification document or credential, including, but not 
limited to, a current and valid United States passport, military identification, driver's 
license or state identification; 
2. 
Other government-issued identification document. 
A government-issued 
identification document without a photograph, including, but not limited to, a celiified 
birth cel1ificate or a signed social security card; 
3. Other official documents. An official document, including, but not limited to, a 
document confirming eligibility determinations for public benefits, a' utility bill, a bank 
statement, a government check, a paycheck or other government document that shows the 
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name and address of the voter; or 
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4. Verified unique identifier for new voters. A verified unique identifier for new 
voters, including the voter's Maine driver's license number, Maine identification number 
or the last 4 digits of the v~ter's social security number that are successfully verified 
through the central voter registration system verification. 
Sec. 8. 21-AMRSA §113, as amended by PL 2005, c. 453, § 10, is fUl1her 
amended to read: 
§113. Right survives change of residence 
A registered voter who moves to another state within ;W 60 days before a presidential 
election may not be removed from the incoming voting list and the voter!s registration 
may not be cancelled in the-central voter registration system until after the election unless_ 
the registrar has rec~ived confirmation of the voter's registration in another state. The 
voter may vote at that presidential election in person or by absentee ballot. 
Sec. 9. 21-A MRS A §154, as amended by PL2007, c. 455, §8, is flil1her amended 
to read: 
§154. Registration and enrollment for citizens outside the United States 
1. Application. A person qualified to register under section Ill, subsections 1 and 2 
and who resides outside the United States and does not maintain a fixed and principal . 
home or other address in the State may register at the last r~sidence addres.s immediately 
before leaving the United States and enroll by filing a federal postcard application or an 
application designed by the Secretary of State. A citizen of the United States who resides 
outside of and has never lived in the United States may register to vote under this section 
at the Maine voting residence claimed by either of the person's parents. 
The state 
application must include, but is not limited to: 
A. First name, middle name or initial and last name, first name or initial, middle 
name and last name or first name and last name; 
B. 
Last residence address immediately before departing from the United States, 
including street, street number, apartment number, town and zip code; 
C. Mailing address; 
D. Date of birth; 
H. 
Notification that failure to complete the entire application may prevent 
registration; 
J. Signature of applicant; 
L. Date of application; 
N. Choice of political party if the registrant wishes to enroll in a political party or an 
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indication that the applicant chose not to enroll in a party; 
O. 
A place for the person's current, valid Maine driver's license number, if 
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applicable; or, if the applicant has rio driver's license number, the last 4 digits of the 
person's social security number, if applicable; or, if the applicant has neither number, . 
a place to put "none" or "not applicable"; arid 
P. 
A place for the applicant to respond to the questions concerning the voter's 
qualifications as required by the federal Help America Vote Act of 2002, Public Law 
107-252. 
Sec. 10. 21-A MRSA §158, as amended by PL 2001, c. 102, §1, is further 
amended to read: 
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§158. Municipal caucus 
+fl.e During the gubernatorial election year, the registrar shall attend the official part)' 
caucuses biennial municipal caucus of each qualified party for at least 30 minutes 
preceding the commencement of the paff)' caucus at the location where the paff)' caucus 
is be1ng held to accept registrations and enrollments. During the presidential election 
year, the registrar shall attend the biennial municipal caucus of each qualified party for at 
least one hour preceding the commencement of the caucus at the location where the 
caucus is being held. The registrar shall accept the registrations and enrollments of all 
qualified voters who attempt to register and enroll, and all persons so registered and 
enrolled may participate in their party caucus. The registrai' shall allow all persons to 
register or enroll who aloe present at the caucus at the end of the 30-minute or one-hour 
registration period. 
Sec. 11. 21-A MRSA §163, as amended by PL 2007, c. 455, §10, 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 th(,': registrar of voters to cancel that person's registration in 
the central voter registration system or to reject 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 municipal officers shall issue the decision to 
the voter in writing and shall provide infollnation on how the voter may.appeal the 
decision. The aggrieved person may appeal the decision of the municipal officers to the 
Superior COUI't in accordance with Rul~ 80B of the Rules of Civil Procedure. 
Sec. 12. 21-A MRSA §334, as amended by PL 1995, c. 459, §21, is fUliher 
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amended to read: 
§334. Qualification of candidate for primary nomination 
A candidate for nomination by primary election· must file a primary petition and 
consent under sections 335 and 336. The candidate must be enrolled, on or before March 
15th, in the paliy named in the petition and must be eligible to file a petition as a 
candidate for nomination by primary election under section 144, subsection 3. 
The 
registrar in the candidate's municipality of residence must celiify to that fact lInon the 
netition on a form designed by the Secretary of State. 
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Sec. 13. 21-A MRSA §335, sub-§7, CUA, as ainended by PL 2005, c. 196, §4, is 
fUliher amended to read: 
A. 
The circulator of a primary petition shall verify by oath or affirmation before a 
notary public or other person authorized by law to administer oaths or affirmations 
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that the circulator personally witnessed all of the signatures to the petition were made 
in the circulator's presence and that to the best of the circulatOI~'s knowledge and 
belief each signature is the signature of the person whose name it purports to be; each 
signature authorized under section 153-A was made by the authorized signer in the 
presence and at the direction of the voter; and each person is enrolled in the party 
named in the petition and is a resident of the electoral division named in the petition. 
Sec. 14. 21-A MRSA §353, as amended by PL 1999, c. 426, § 11, is flllther 
amended to read: 
§353. Qualification of candidat~ for nomination by petition 
lOA person who seeks nomination by petition qualifies by filing a nomination petition 
and consent as provided in sections 354 and 355. If enrolled, the person must also 
withdraw enrollment in a party on or before March 1st to be eligible to file. a petition as a 
candidate in that election year, as provided in section 145. The registrar, or clerk at the 
request or upon the absence of the registrar, in the candidate's municipality of residence 
must celtify to that fact on the petition a form designed by the Secretary of State. 
Sec. 15. 21-A MRS A §354, sub-§1, ~A, as amendedbYPL 2005, c. 196, §5, is 
further amended to read: 
A. 
The circulator of a nomination petition shall verify by oath or affirmation before 
a notary public or other person authorized by law to administer oaths or affirmations 
that the circulator personally witnessed all of the signatures to the petition were made 
in the circulator's presence and that to the best of the circulator's knowledge and 
belief each signature is the signature of the person whose name it purports to be; each 
signature authorized under section 153-A was made by the authorized signer in the 
presence and at the direction of the voter; and each person is a resident of the 
electoral division named in the petition. 
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Sec. 16. 21-A MRS A §356, sub-§2,~, as enacted by PL 1985, c. 16i, §6, is 
amended to read: 
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D. 
A challenger or a candidate may' appeal the d'ecision of the Secretary of State by 
commencing an action in the Superior Court. This action sflaU must be conducted in 
. accordance with the Maine Rules of Civil Procedure, Rule .wg 80C, except as 
modified by this section. This action must be commenced within 5 days of the date 
of the decision of the Secretary of State and sflaU must be tried, without ajury, within 
days of the date of that decision. Upon timely application, anyone may intervene 
in this action when the applicant claims an interest relating to the. subject matter of 
the petition, unless the applicant's interest is adequately represented by existing 
parties. The court shall issue its written decision containing its findings of fact and 
conclusions of law and setting forth the reasons for its decision within 20 days of the 
date of the decision of the Secretary of State. 
Sec. 17. 21-A MRS A §601, sub-§2, ~,as amended by PL 2007, c. 455, § 18, is 
further amended to read: 
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B. The ballot must contain the legal name of each candidate, without any title, ilft6 
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 paIiy or political 
designation may be abbreviated. 
Sec. 18. 21-A MRSA §601, sub-§2, ~, as amended by PL 2007, c. 455, § 18, is 
further amended to read: 
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 bya voter 
to write in the name and municipality of residence of a person for whom the votel~ 
. desires to vote, as provided in section 691, subsection 2 for a primary election or 
section 692, subsection 2 for a general election. 
Sec. 19. 21-A MRSA §6S1, sub-§2, as repealed and replaced by PL 1997, c. 436, 
§92, is amended to read: 
2. Election· materials distributed and posted. At any time after the mateI'ials are 
received and before the polls· are open, the clerk may open the packages or boxes of 
election materials, break the seals on the packages not marked "ballots," and use the 
materials for instructional purposes. 
The election officials shall post one instruction 
poster in each voting bOoth and ~ at least one instruction posters poster outside the 
guardrail where they are it is visible to voters before they have voted. The election 
officials shall also post ~ 
one set of samp,le ballots .or ~ 
one set of sample ballot 
labels for each ballot being used in that voting place, along with 2 posters one poster of 
the constitutional resolutions and statewide referenda, outside the guardrail where they 
are visible to voters. The election officials shall post a list of any declared write-in 
candidates for that voting district, with the office 'sought, next to the sample ballot. 
Sec. 20. 21-A MRSA §671, sub-§3, as .amended by PL 2007, c. 455, §29, is 
further amended to read: 
3. Ballot issued. The election clerk in charge of the b~illots shall give the voter one 
ballot of each kind to which the voter is entitled. The election clerk in charge of the 
ballots may not give a voter voting with the accessible voting system -a- an official ballot 
but may give the voter a sample ballot to lise as a visual aid. Instead, an An election 
official shall escOlt 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. 
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Sec. 21. 21-A MRSA §682, sub-§6 is enacted to read: 
.. 6. Public property limited. For purposes of this section, "public propeliy" does not 
include a public right-of-way across privately owned propeliy if it is an easement right-
of-way. 
Sec. 22;- 21..;AMRSA §691;sub-§2; as amended by PL 2007, c. 455,§36; is . 
further amended to read: 
2. Write-in vote. If the voter wishes to vote for a person ';",hose name is not on the 
ballot and who is not a declared write in candidate in accordance with section 722 A, the 
voter must '.."rite the name and municipality of residence or paste a sticker containing the 
name and municipality of residence in the blimk space provided at the end of the \i.st of 
candidates for nomination to the office in question. If the voter wishes to vote for a 
. declared write-in candidate, the voter must write the name of the candidate 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. 
A sticker may not be tised to vote for a write-in 
candidate. 
Sec. 23. 21-A MRS A §692, sub-§2, as amended by PL 1993, c. 473, §22 and 
affected by §46, is fmiher amended to read: 
2. Write-in vote. If the voter wishes to vote for a person whose name is not on the 
bal-Iet declared write-in candidate, the voter must write the name and municipality of 
residence of the candid~te in the blank space provided at the end of the list of nominees 
for the office in question. The voter must then mark the ballot as instructed in the 
directions on the ballot. A sticker may not be used to vote for a write-in candidate. 
Sec. 24. 21-A MRS A §695, sub-§2, as enacted by PL 1985, c. 161, §6 and 
amended by c. 383, § 12, is fUliher amended to read: 
2. Separated into lots. In counting the ballots, the election clerks shall form into 
counting teams of 2 election clerks, each of whom has a different party affiliation. The 
counting teams shall separate them the ballots into distinct lots .. Each of these lots must 
consist of 50 ballots, except for one lot, which may have less than 50 ballots. Each 
counting team shall use one of the approved counting methods prescribed by the 
Secretary of State to produce 2 tally sheets for each lot that are in complete agreement as 
to the count for each candidate and question choice .. They shall place with each Iota 
statement of tile ~ount in one of the tally sheets for that lot and the names of that is signed 
Qy the election clerks who made the count. They shall wrap the statement of the count 
tally sheet around the outside of eaeh- the applicable lot of ballots. The 2nd tally sheet for 
each lot must be provided to the warden for use in completing a total tally of each office 
and question and for completing the election retum. 
Sec. 25. 21-A MRS A §696, sub-§2, as amended by PL 2007, c. 455, §38,- is 
further amended to read: 
2. Invalid vote. A vote for an office, candidate or question held to be invalid by the 
warden, ward clerk or deputy warden may not be counted for that office, candidate or 
question as follows. 
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A. If a voter marks more names for an office than there are vacancies to be filled or 
more choices for a question than are permitted, the voter's vote for that office or 
question may not be counted. 
B. 
If a voter marks the voter's ballot in such a manner that it is impossible to 
determine the voter's choice, the voter's vote for the office or question concerned may 
not be counted. 
C. If a voter marks a write-in indicator for an office, but does not write both a name 
and a municipality of residence the name of a declared write-in candidate in the blank 
space provided to the right of the write-in indicator, that vote for that office ts--net 
may not be counted, unless a determination of choice under subsection 4 is possible. 
D. 
If a voter writes in a name and' municipality of residence, or pastes a sticker 
containing the candidate's name and municipality of residence the name of a declared 
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write-in candidate in the write-in spate pursuant to section 691, but does not mark the 
write-in indicator, that vote for that office may not be counted. 
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 flot filed a declaration of write-in candidacy as 
provided by section 722-A or the name of a person from outside the State who is not 
qualified to be a candidate for that office, the vote for that office may not be counted. 
F. The warden, ward clerk or deputy warden shall write "Invalid vote" on the ballot 
and the reason the vote is invalid beside the office, candidate or question for which it 
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is invalid and shall sign it and replace the ballot with the other ballots, to be counted 
for other offices or questions. 
Sec. 26. 21-A MRSA §696, sub-§6, as enacted by PL 2005, c. 404, §7, IS 
amended to read: 
6. Rules. The Secretary of State shall publish uniform guidelines is authorized to 
adopt rules pursuant to Title 5. chapter 375. subchapter 2-A for determining voter intent 
based on relevant case law and provisions of this Title. These guidelines rules must be, 
used as a reference by election officials in tabulating the results of state and local 
elections and in all recounts conducted pursuant to'this Title. The guidelifles A copy of 
the rules must be included with the instructional materials provided to the clerk, registrar 
and election officials in each municipality pursuant to section 605 and must be used by 
the Secretary of State in the training of election officials pursuant to section 505. Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5. 
chapter 375. subchapter 2-A. 
Sec. 27. 21-A MRSA §721, 3rd ~, as enacted by PL 2005, c. 453, §57, IS 
amended to read: 
In a municipality in which a recount has been requested pursuantto section 737-A, 
the clerk shall update the central voter registration system by entering voter participation 
history for that election within 10 business days after receiving a copy of the incoming 
voting list as required by section 737 A, subsection 9 that has been returned by the 
Secretary of State after the recount. The clerk shall notify the Secretary of State as soon 
as this task is completed. 
Sec. 28. 21-A MRS A §724, sub-§l, as enacted by PL 1985, c. 161, §6, IS 
repealed. 
Sec. 29. 21-A MRSA §737-A, sub-§9, as amended by PL 2005, c. 453, §58, is 
further amended to read: 
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Package resealed and marl<ed. 
After a recount, if the election .remains in 
dispute,' the Secretary of State shall copy 'the incoming voting list, before proceeding to 
reseal the packages of ballcJts and incoming voting lists, noting the fact and date of the 
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recount on the packages. The Secretary of State shall immediately send or deliver the 
copy of the incoming voting list to the clerk for the purpose of updating voter 
participation history in the. central voter registration system. The clerk shall immediately 
send a receipt to the Secretary of State noting the date and time of delivery of the copy. 
All challenged and disputed ballots must be packaged separately. The challenged and 
disputed ballots must be kept until released to the court or to the Senate or the House of 
Representatives, if applicable, in case of an appeal. 
Sec. 30 .. 21-A MRS A §737-A, sub-§12 is enacted to read: 
12. Authority to adopt rules. The Secretary of State is atithorized to adopt rules 
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governing the conduct and procedures for a recount. 
Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 31. 21-A MRSA §753-A, sub-§6, as enacted by PL 2007, c. 515, § I 0, is 
amended to read: 
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6. Application by electronic means. fA municipal clerk may opt to accept absentee 
ballot applications by e-matJ. electronic means. If the clerk opts to accept absentee ballot 
applications by email the clerk shall create a specific email account for the purpose of. 
. accepting email 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 by email and of the email addres.s used to accept -the 
absentee ballot applications erectronic means. The Secretary of State shall' post on its 
publicly accessible website a list of municipalities that have. opted to accept absentee 
ballot applications by e-matJ. electronic means along with the email addresses and 
procedures for requesting an absentee ballot by e-matJ. electronic means. The Secretary 
of State shall design or approve the form of the absentee ballot application to be 
submitted by e-matJ. electronic means. 
If the clerk opts to accept absentee ballot applications by e-matJ. electronic means, a voter 
may make an application for the voter's own ballot by e-matJ. electronic means 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 
residen,ce address and birth date with the information in the voter's record. The clerk 
shall print the e-matJ. electronically submitted application and write .. email reauest" 
"electronic request" on theapplication. 
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Sec. 32. 21.:.A MRSA §753 .. B, sub-§8, as amended by PL 2005, c. 568, § 19, is 
fUIiher amended to read: 
8. Absentee voting in presence of clerk. A person who wishes to vote by absentee 
bal1o't may, without completing an application, vote by absentee ballot in the presence_ of 
the cleric The method of voting is otherwise as prescribed in this article.· After the 
person has voted, the cled( shal1 sign the affidavit on the return envelope as a witness, 
indicate on the enyelope 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 adveliising material 
intended to influence a voter's decision regarding a candidate or question on the bal10t for 
thateiection is prohibited within the clerk's office and on public propeliy within 250 feet 
of the entrance to the building in which the clerk's office is located. 
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This subsection does not apply to the display or distribution of any campaign advertising 
material on private propeliy that is within 250 feet of the entrance to the building in 
which the clerk's office is located. 
For purposes of this section, "private property" 
includes privately owned propeliy subject to a public right-of-way that is an easement 
right-of-way. 
This subsection does not apply to campaign adveliising material on automobiles traveling 
to and from the municipal office or parked 011 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. 33. 21-A MRS A §754-A, sub-§l, Gj'fC, as amended by PL 1997, c. 436, 
§ 112, is flIliher amended to read: 
C. After the voter has completed marking the bal1ot, the voter shal1 then seal the 
bal10t in its return envelope and complete the affidavit on the envelope. N-e A notary 
or witness certification is not required unless the voter is assisted pursuant to 
. subsection 3. 
Sec. 34. 21-A MRS A §760-B, sub~§l, as enacted by PL 2007, c. 455, §45, is 
amended to read: 
. 1. Time for processing. In a municipal'ity that has opted to process absentee bal10ts 
on the day immediately prior to election day, the municipal clerk or the clerk's designees 
may process absentee bal10ts at the times designated by the clerk, between the hours of 
9:00 a.m. and 9:00 p.m, except that if an inspecticinis requested pursuant to subsection 3, 
processing may not begin until after the inspection period has concluded. 
.. Sec. 35. 21-A MRS A §760-B, sub-§2, as enacted by PL 2007, c. 455, §45, is 
amenaed to read: 
2. Notice of early processing. The clerk must give notice of the municipality's 
intent to process absentee bal10ts prior to election day using the notice of election under 
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section 621-A, stating each specific the time that the clerk intends to begin processing 
absentee ballots and the" inspection period provided in subsection 3. At least::;' 30 days 
before election day, the clerk shall flBtify provide a copy of the notice of election to the 
Secretary of State and the chairs of each political palty of the municipality, in '.vriting, 
that this procedure is to. indicating that early processing of absentee ballots will occur. 
The notice to the political parties must be considered sufficient as long as it is mailed to 
the last address of each municipal chair that is known to the clerk. The notice to the 
Secretary of State may be delivered by mail orfacsimile .. A copy of the notice of election 
is considered notice in writing under this subsection. If the notice is not received by the 
Secretary of State by 5:00 p.m. on the 30th day before election day, the municipality may 
not process absentee ballots prior to ·election·day. 
. Sec. 36. 21-A MRS A §791, sub-§3,~, as enacted by PL 1993, c. 473, §38 and 
affected by §46, is amended to read: 
B. 
Is a candidate who, notwithstanding this subchapter, delivers, receives, accepts, 
notarizes, assists or witnesses an absentee ballot, other than the candidate's own 
absentee ballot, furnished by the cIerk of a municipality in this State. This paragraph 
does not apply to an elected municipal clerk in an election when rio other name for 
the office of clerk appears on the ballot who is a candidate for reelection to the office 
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of municipal clerk, where there is no other candidate for that office. In a contested 
election for the office of clerk, a clerk. may not be exempted from the provisions of 
this paragraph but shall instead appoint a deputy or an assistant to whom' the 
municipality shall pay all associated costs for the duration of the deputy's or 
assistant's temporary employment in that capacity. 
Sec. 37. 
21.:.A MRSA §822, sub-§l, as enacted by PL 1985, c. 161, §6, is 
amended to read: 
1. Counters exposed. If the number on the seal agrees with the number on the 
envelope, the warden shall open the doors concealing the counters, inspect the machine 
and sign a certificate provided by the Secretary of State showing that all counters are set 
at "000," that the number of the protective public counter agrees with the number on the 
envelope and that all parts of the machine and the ballot labels are in proper condition for 
voting; 
A. If the machine is provided with a device or devices for printing or photographing 
candidate and question counters, it is not necessary to op,en the door concealing the 
counters. The warden and the election clerk shall proceed to operate the mechanism 
provided to produce one "before election inspection record" showing whether the 
candidate and question counters register "000" and sign the certificate as prescribed 
by the Secretary ·of State. 
Sec. 38. 21-A MRSA §827, sub-§l, as enacted by PL 1985, c. 161, §6, IS 
amended to read: 
1. Keys sealed in envelope. In the presence of an election Clerk from a political 
party other than that of the warden, the warden shall enclose the keys to each voting 
machine in separate envelopes furnished by the. municipal clerk. The warden shall write 
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the number of each machine, the location of the voting place in which it was used, the 
nUI.nber on the seal and the numbers registered on the protective public counter on the 
outside of each envelope. 
Sec. 39. 21-A MRSA §901, first ~, as ame'nded by PL 1993, c. 695, §33, IS 
fllliher amended to read: 
To. initiate proceedings for a people's. veto referendum or the direct initiative of 
legislation, provided in the Constitution of Maine, Aliicle IV, Part Third, Sections 17 and 
18, a voter shall submit a written application to the DepaJiment of the Secretary of State 
on a form designed by the Secretary of State. The application must contain the names, 
addresses ·and signatures of 5 voters, in addition to the applicant, who are designated to 
receive any notices in proceedings under this chapter. 
For a direct initiative, the 
application m·ust contain the full text of the proposed law and a summary that explains the 
purpose and intent of the direct initiative. The voter sUbmitting the application shall sign 
the application in the presence of the Secretary of State, the Secretary of State's designee 
or a notary pu b I ic. 
Sec. 40. 21-A MRSA §901, sub-§3-A, as amended by PL 2007, c. 234, §1, is 
fUliher amended to read: 
3-A. Review for proper form. The Secretary of State shall review the proposed law 
for a direct initiative of legislation within +G 12 business days after receipt of the 
application and either reject the application or provide a first revised draft of the initiative 
legislation to the applicant within that time. 
The Secretary of State may reject the 
application if the Secretary of State determines that the proposed law: 
A. Does not conform to the form prescribed by the Secretary of State; or 
B. Does not conform to the essential a?pects of the drafting conventions established· 
. for the Maine Revised Statutes. The drafting conventions include but are I)ot limited 
to: 
(1) 
Correct allocation· to the statutes and correct integration with existing 
statutes; 
(2) Bill titles and statute section headnotes that objectively reflect the content of 
the bill, section or sections to which they apply; 
(3) Conformity to the statutory numbering system; and 
(4) Ensuring that bills enacting statutes do not contain provisions that desc;:ribe 
intent or make testimonial statements without creating a legal requirement or 
duty. 
By consent of the applicant the proposed law may be modified to conform with the 
requirements of this section. The Secretary of State may request assistance from the 
Revisor of Statutes in reviewing the proposed law. 
The applicant shall submit each subsequent draft of the legislation to the Secretary of 
State for review following the same process. The Secretary of State shall review each 
subsequent draft from the applicant and provide a revised draft or written response 
suggesting how the proposed law may be modified to conform witfl. to the requirements 
of this section within 10 bl,lsiness days. 
The applicant must give written consent to the 
final langu'age of the proposed law to the Secretary of State before the petition form is 
designed by the Secretary of State. 
Sec. 41. 21-A MRSA §906, sub-§2, as enacted by PL 1985, c. 161, §6, IS 
repealed. 
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SUMMARY 
This bill adds to the definition of "immediate family" and provides a definition for the 
"public counter" mechanism on a. voting device. The bill establishes a retention period 
for direct initiative of legislation and people's veto petitions; The bill also clarifies the 
registrar's consideration ofresidericy factors in determining the voting residence of an 
applicant and provides factors for the registrar to consider in verifying the identity of a 
voter. The bill expands the "fail safe" provision for a voter who moves to a new state 
before a presidential election from 30 days to 60 days before the election. The bill also 
provides that United States citizens who have never lived in the United States may 
register to vote at the Maine voting residence claimed. by either of the person's parents. 
The bill increases thevoterregistration period before a presidential year municipal caucus 
from at least 30 minutes to at least one hour. The bill requires that decisions made by the 
'authority hearing an appeal from a voter registration decision must be issued to the voter 
in writing. 
The bill authorizes the Secretary of State to determine the form of the 
registrar's enrollment certification on candidate petitions. It also clarifies that petition 
circulators must take oath that they. "personally witnessed" all the signatures to the 
petition, rather than simply swearing that the signatures were made in the circulator's 
presence. The bill removes the requirement that a candidate's residence must be listed on 
the ballot. The bill changes the requirements for the number of copies of postings at the 
voting place from 2 to one and adds a new requirement for posting the list of declared 
write-in candidates next to the sample ballot. The bill amends the requireme'nts for 
casting a write-in vote and clarifies the requirements for when a write~in vote may be 
counted. The bill further specifies the procedures for the counting of ballots by the 
election clerk~. The bill changes the requirement for the Secretary of State to publish 
uniform guidelines for determining voter intent into rule-making authority and restores 
the authority of the Secretary of State to adopt rules governing recount procedures. The 
bill clarifies the requirement for when a copy of the voting list must be provided to the 
clerk after a recouT)t. The bill also changes the references for absentee ballot e-mail 
. requests to requests made by "electronic means." 'The bill clarifies the time period 
allowed for early processing of absentee ballots and requires municipalities that wish to 
process absentee ballots early to provide a copy of the notice of election to the Secretary 
of State by 30' days before the election. The bill prohibits a candidate from assisting an 
absentee ballot. This bill requires that an' applicant for a direct initiative of legislation 
must submit a summary that explains the purpose and intent of the direct initiative along 
with the application form and allows the Secretary of State to have a 15-business-day 
period to review the first draft of the application. 
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