Maine Legislature, Session 124, LD 1667
Sponsors: SULLIVAN, TUTTLE, JACKSON, MARTIN
Amends: 1 MRSA §353, 21-A MRSA §141, 21-A MRSA §501, 21-A MRSA §625, 21-A MRSA §629, 21-A MRSA §756, 21-A MRSA §759, 21-A MRSA §760-B, 21-A MRSA §828

MAINE STATE LEGISLATURE 
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. 124th MAINE LEGISLATURE 
Legislative Document 
No. 1667 
S.P.632 
In Senate, December 21,2009 
An ACt To Amend the Election Laws and Other Related Laws 
Submitted by the Secretary of State pursuant to Joint Rule 204. 
Reference to the Committee an Legal and Veterans Affairs suggested and ordered prInted. 
. Presented by Senator SULLIVAN of York. 
Cosponsored by Representative TUTTLE of Sanford and 
9t8(J~ 
"JOY J.O'BRIEN 
Secretary of the Senate 
Senator: JACKSON of Aroostook, Representative: MARTIN of Eagle Lake." 
Printed on recycled paper· 
Be it enacted by the People' of the State of Maine as follows: 
Sec. I. 1 MRSA §353, as amended by PL 2009, c. 341, § I, is fmiher amended to 
read: 
§353. Explanation of proposed amendments and statewide referenda 
With the assistance of the Secretary of State, the Attorney General shall prepare a 
brief explanatory statement that must fairly describe the intent and content and what a 
"yes" vote favors and a "no" vote opposes for each constitutional resolution or statewide 
referendum that may be presented to the people and that must include any infoi'mation 
prepared by the Treasurer of State under Title 5, section 152. The explanatory statement 
may not include comments of proponents or opponents as provided by section.3 54. In 
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addition to the explanatory statement, the Office of Fiscal and Program Review shall 
prepare an estimate of the fiscal impact of each constitutional resolution or statewide 
referendum on state revenue~, appropriations and allocations within ..j...{} 12 business days 
after the receipt of the application ~tIld full text of the proposed law by the Secretary of 
State. 
The fiscal impact estima c must summarize the aggregate impact that the 
c'onstitutional resolution or refere. dum will have on the General Fund, the Highway 
Fund, Other Special Revenue Funds and the amounts distributed by the State to local 
units of government. The Secretary of State shall publish the explanatory statement and 
the fiscal estimate in each daily newspaper of the State, not more than 10 and not less 
than 7 days prior to the voting. This information may be published in the English 
language in a foreign language newspaper. 
Sec. 2. 21-AMRSA§3, as amended by PL 1997, c. 436, §8,is further amended to 
read: 
§3. Signatures and names 
When this Title requires a name or signature on a document, immaterial irregularities 
sflal.I. do not invalidate the name or signature if the identity of the person named is clear to 
the public official charged with reviewing that document. 
1. Immaterial irregularities. Immaterial irregularities include, but are not limited 
to, misspelling, inclusion or omission of initials and substitution of initials or nicknames 
. for given names. 
2. Application. This policy shall apply applies to circumstances including, but not 
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limited to, the following: 
A.' Absentee ballot applications; 
B.' Absentee ballot affidavits; 
C.' Signatures 'on petitions; and 
0: Names appearing for write-in candidates on ballots. 
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Sec. 3. 21-AMRSA §7, as enacted by PL 1989, c. 166, §1, is amended to read: 
Page I - 124LR245t(Ot)-t 
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§7. Use of words . 
When used in this Title, the words "shall" and "must" are used in a mandatory sense 
to impose an obligation to act or refrain from acting in the manner specified by the 
context. The word "may," when used in this Title, is used in a permissive sense to grant 
authority or permission, but not to create duty, to act in the manner specified by the 
context. When used in this Title, the term "may not" indicates a lack of authority or 
. permission to act or refrain from acting in the manner specified by the context, whereas 
the term "shall not" indicates a duty to refraimfrom action or omission in the manner 
soecified bv the context. 
Sec. 4. 21-A MRSA §lOl, sub-§l, as amended by PL 2009, c. 253, §8,IS 
repealed and the following enacted in its place: 
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 be an employee of a party or 
candidate or be an officer of a municipal, county or state party committee. 
In the 
electoral division in which the registrar is appointed, the registrar may not: 
A. Hold or be a candidate for any state or county office; 
B. Be a treasurer for a candidate; or 
C. Be a municipal officer as defined by Title 30-A. section 2001. 
Sec. 5. 21-A MRSA §141, sub-§l, as amended by PL 1989, c. 313, §2, is further 
amended to read: 
1. 
Influence prohibited. 
The registrar sflaU may not attempt to influence an 
applicant in any aspect of the enrollment procedlire and sflaU may not allow anyone else 
present to do so. 
Sec. 6. 21-A MRSA §501, sub-§3, as amended by PL 2001, c. 310, §27, IS 
further amended to read: 
3. Provisions applicable to both towns and cities. A warden, ward clerk or any 
deputy warden may not be an officer of a municipal committee ora political party. Ward 
clerks or deputy wardens shall perform the duties of the warden when necessary and may 
not replace election clerks prescribed by this Title. The warden, ward clerk and deputy 
wardens must be registered voters of the municipality county, except when a nonresident 
clerk is acting as either warden, ward clerk or deputy warden. Before assuming the duties 
of office, the warden is sworn by the municipal clerk, and the ward clerk or deputy 
warden is sworn by the municipal clerk or by the warden. 
Sec. 7. 21-A MRSA §625, as amended by PL 2009, c. 341, §2, is further amended 
to read: 
§625. Posting of sample ballots 
At least 7 days before an election, the clerk shall post a sample ballot, furnished to 
the clerk under section 603, a~d the fiscal imoact statement for direct initiatives of 
legislation furnished to the clerk under section 629, subsectionl, paragraph D ,1 In a 
conspicuous, public place in each voting district. 
Sec. 8. 21-A MRSA §629, sub-§l, ~-l, as enacted by PL 2009, c. 341, §3, is 
amended to read: 
D-l. The Secretary of State shall provide adequate copies of the fiscal impact 
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statement for each direct initiative of legislation prepared in accordance with Title 1, 
section 353, which must be placed in each voting booth available in the voting place 
for voters to review upon request. 
Sec. 9. 21-A MRSA §756, as amended by PL 2003, c. 447, §§32 and 33, is further 
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amended to read: 
§756. Procedure on receipt , 
When the clerk receives a return envelope apparently, containing an absentee ballot, 
he the clerk shall observe the following procedures. 
1. Time of receipt noted. He The clerk shall note the date and time of delivery on 
each return envelope. On request, he the clerk shall give the person who delivers the 
ballot a receipt, stating the exact time of delivery. 
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2. Clerk to examine signatures and affidavit. He the clerk shall compare the 
signature of the, voter on the application, where required, 'with that on the corresponding 
retUrn envelope. He The clerk shall examine the affida..vit on th~ return envelope. If the 
signatures appear to have been made by the same person and if the affidavit is properly 
completed, he the clerk shall write "OK" and his the clerk's initials on the return 
envelope. Otherwise, he the clerk shall note any discrepancy on the return envelope. 
A. 
If the signatures do not appear to have been made by the same person, but this ' 
discrepancy is apparently the result of the voter's having properly obtain'ed assistance 
under either section 753-A, subsection 5, or section 754-A, subsection 3, or both, 
then the clerk shall note the discrepancy on the return envelope, but shall also write 
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"OK" and the clerk's initials on the return envelope. 
3. Application attached. The clerk shall attach each application, where required, to 
the corresponding envelope. He shall The clerk may not open any return envelope. 
5. Envelopes and lists delivered. On election day, the clerk shall deliver or have 
delivered the return' envelopes prescribed by section 752, subsection 3, with the 
applications, when required, attached and a copy of the list required by section 753-B, 
subsection 6, to the warden ofthe voting district in which the voter is registered, exceptin 
those municipalities where the clerk or the clerk's designee processes the absentee ballots 
centrally. In those municipalities where the absentee balJots are processed centrally, the 
clerk shall deliver or have delivered the materials described in this subsectioFl to the 
person authorized by the clerk to process absentee ballots at the designated central 
location. After processing the absentee ballots, the warden or the clerk shall attach the 
' copy of the list of absentee vot~rs to the incoming voting list and seal it as provided in 
section 698. 
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6. Procedure when duplic~te envelopes received from same voter. If more than 
one return envelope is received from the same voter who was authorized to receive a 2nd 
state absent~e ballot pursuant to section 7~3-B, then the clerk or warden shall process and 
count the ballot from the envelope marked "second ballot issued" or bearing the latest 
date and time and shall reject and keep sealed the first absentee envelope. If more than 
one return envelope is received from the same voter who was not authorized to receive a 
2nd state absentee ballot pursuant to section 753-B, then the clerk or warden shall process 
and count the ballot from the envelope bearing the earliest date and time. If only one 
return envelope is received from a voter who was authorized to receive a 2nd state 
absentee ballot pursuant to section 753-B, then the clerk or warden shall process and 
count that ballot for all offices or questions for wh ich the voter was entitled to vote. 
Sec. 10. 21-A MRSA §759, sub-§3, as amended by PL 1999, c. 645, §9, IS 
further amended to read: 
3. Rejected if incorrect. The .warden sHall may not open the envelope and shall 
write "Rejected" on it, the reason why and hls the warden's initials if fie the warden finds 
that: 
A. 
The signatures do not appear to have been made by the same person and the 
discrepancy is not the result of the voter's having obtained assistance under section . 
753-A,. subsection 5 or section 754-A; subsection 3, in cases where an application is 
required; 
B. 
The affidavit is not properly completed; 
C. 
The person is not registered or enrolled where necessary; 
. D. 
The voter has voted in person; or 
E. 
The ballot was received by the clerk after the deadline. 
Sec. 11. 21-A MRSA §759, sub-§8, as repealed and replaced by PL 1999, c; 645, 
§ 1 0, is amended to read: . 
8. Inspection of absentee envelopes before processing. If a candidate or the 
candidate's representative member of the public notifies the clerk before 5 p.m. on the day 
before election day that the candidate or the candidate's representative person wishes to 
inspect absentee ballot applications and envelopes before they are processed, the warden 
or clerk shall allow the candidate or representative requestor to inspect the applications 
. and envelopes of ballots before they are processed or for 30 minutes after the time 
specified in the notice for processing on election day. The warden may immediately 
proceed to process the ballots after the candidate or representati'le person has completed 
the review. 
If the municipality processes absentee ballots only after the polls close on election day, 
. then the candidate or the candidate's representative a member of the public who wishes to 
inspect absentee materials must notity the warden by 5 p.m. on election day that the 
candidate or the candidate's representative person wishes to inspect ,absentee ballot 
applications and envelopes after the polls close. The warden shall allow the candidate or 
reoresentative requestor to inspect the applications and envelopes for 30 minutes after the 
polls close. 
The warden may immediately proceed to process the ballots after the 
candidate OF FeOFesentative person has completed the review. 
Sec. 12. 21-A MRSA §760-B, sub-§3, as enacted by PL 2007, c. 455, §45, is 
amended to read: 
3. Inspection of absentee envelopes before processing. A member of the public 
6. 
may make a written request of the clerk to inspeCt absentee ballot applications and 
envelopes before they are processed if the request is made by 9:00 a.m. on the day 
immediately prior to election day .. The clerk shall make the abseritee ballot applications 
and envelopes received by that time available for public inspection for one hour before 
the fu:st starting time specified in the notice of election for processing the absentee 
ballots. The clerk may immediately proceed to process the ballots after the one-hour 
inspection time has elapsed. 
Sec. 13. 21-A MRS A §760:-B, sub-§4, as enacted by PL 2007, c. 455, §45, is 
amended to read: 
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4. Processing and other procedures. The clerk shall use the procedure described in 
this section when processing the absentee ballots during the designated times. Procedures 
for handling full ballot boxes, pollwatching and chaIIenging ballots are conducted in the 
same manner as election day or as fleaFly close as practicable. 
Sec. 14. 21-A MRSA §828, as enacted by PL 1985, c. 161, §6, is amended to 
read: 
§828. Security for keys 
The municipal clerk shall keep the keys to each voting machine in a vault or safe 
wJ:Hefl. that is kept securely locked when the keys are not being removed from or replaced 
in it. He shall The municipal clerk may not allow any unauthorized person to have 
possession of the keys to any voting machine. 
1. Keys returned. A person who is authorized to have possession of the keys to a 
voting machine must return them to the clerk when fie the person no longer needs them 
for the authorized purpose. 
Sec. 15. 21-A MRS A §850, as enacted byPL 1985, c. 161, §6, is amended to 
read: 
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§850. Secrecy preserved 
The warden at each voting place .sfl.a+l may not remain or allow any other person to 
remlj.in where fie the warden or person can see how anyone votes, except that a. proper 
official may remain when hls the official's assistance has been requested by a voter. 
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SUMMARY 
The bill corrects an inconsistellcy between the Maine Revised Statutes, Title 1, and 
Title 21-A with regard to the per'iod of time that the Office of Fiscal and Program Review 
has to prepare an estimate of the fiscal impact of each constitutional resolution or 
statewide referendum on state revenues, appropriations and allocations. The bill clarifies 
the qualifications of the registrar of voters and what other positions the registrar is 
prohibited fron) seeking or holding. The bill allows the warden, ward clerk and deputy 
wardens of a municipality to be registered voters of the county,rather than requiring them 
to be registered voters of the municipality. The bill removes the requirements that the 
fiscal impact statement for direct initiatives of legislation must be posted with the sample 
ballots at least 7 days before election day and posted in each booth on election day. The 
bill clarifies that any member of the public may inspect absentee ballot envelopes and 
applications before, they are processed, according to celiain procedures and times 
specified in law. The bill also makes grammatical changes and fixes gender-specific 
language.