An Act To Amend the Election Laws and Other Related Laws
Maine Legislature, Session 125, LD 1528
Committee: Veterans and Legal Affairs
Sponsors: CROCKETT, TRAHAN, ROSEN
Amends: 1 MRSA §353, 1 MRSA §354, 5 MRSA §152, 21-A MRSA §1, 21-A MRSA §22, 21-A MRSA §23, 21-A MRSA §155, 21-A MRSA §337, 21-A MRSA §356, 21-A MRSA §371, 21-A MRSA §374-A, 21-A MRSA §605, 21-A MRSA §605-A, 21-A MRSA §606, 21-A MRSA §609, 21-A MRSA §626, 21-A MRSA §629, 21-A MRSA §631-A, 21-A MRSA §651, 21-A MRSA §674, 21-A MRSA §696, 21-A MRSA §698, 21-A MRSA §711, 21-A MRSA §854, 21-A MRSA §902, 30-A MRSA §371-B

Legislative Document 
No. 1528 
H.P. 1122 
House of Representatives, April 28, 2011 
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 on Veterans and Legal Affairs suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative CROCKETT of Bethel. 
Cosponsored by Senator TRAHAN of Lincoln and 
Representative: ROSEN of Bucksport. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  1 MRSA §353, as amended by PL 2009, c. 538, §1, is further 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 direct initiative, bond issue, 
constitutional resolution or statewide referendum that may be presented to the people and 
that must include any information 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 354.  In addition to the explanatory statement, the  The 
Office of Fiscal and Program Review shall prepare an estimate of the fiscal impact of 
each constitutional resolution or statewide referendum on state revenues, appropriations 
and allocations of each measure that may appear on the ballot, within the following time 
frames: for a direct initiative, within 15 business days after the receipt of the application 
and full text of the proposed law by the applicant has given consent to the Secretary of 
State for the final language of the proposed law; and for a statewide referendum, bond 
issue or constitutional resolution, within 30 days after adjournment of the legislative 
session in which the measure was passed.  The fiscal impact estimate must summarize the 
aggregate impact that the constitutional resolution or, statewide referendum, direct 
initiative or bond issue 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. 
Sec. 2.  1 MRSA §354, as enacted by PL 2005, c. 316, §2, is amended to read: 
§354.  Public comment on proposed amendments and statewide referenda; rules; 
fees 
The Secretary of State shall adopt rules regarding the publication of public comment 
by proponents and opponents of direct initiatives, bond issues, constitutional resolutions 
or statewide referenda.  These rules must include, but are not limited to, a word limit, the 
labeling of public comment as supporting or opposing a measure and the identification of 
the person or persons responsible for the comment.  Rules adopted pursuant to this 
section are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.  
Beginning with the November 2006 election and every election thereafter, the Secretary 
of State shall publish the public comment, along with the explanatory statement and fiscal 
estimate required under section 353, on a publicly accessible site on the Internet and in 
pamphlets distributed to the municipalities of the State.  A person filing a public 
comment for publication shall pay a fee of $500 to the Secretary of State.  Fees collected 
pursuant to this section must be deposited in the Public Comment Publication Fund 
established under Title 5, section 90-D. 
Sec. 3.  5 MRSA §152, as amended by PL 2007, c. 515, §1, is further amended to 
read: 
§152.  Ratification of bond issue; signed statement 
In accordance with the Constitution of Maine, Article IX, section 14, the Treasurer of 
State shall prepare a signed statement, called the Treasurer's Statement, to accompany any 
question submitted to the electors for ratification of a bond issue setting forth the total 
amount of bonds of the State outstanding and unpaid, the total amount of bonds of the 
State authorized and unissued and the total amount of bonds of the State contemplated to 
be issued if the enactment submitted to the electors should be ratified. The Treasurer of 
State shall also set forth in that statement an estimate of costs involved, including 
explanation of, based on such factors as interest rates that may vary, the interest cost 
contemplated to be paid on the amount to be issued, the total cost of principal and interest 
that will be paid at maturity and any other substantive explanatory information relating to 
the debt of the State as the Treasurer of State considers appropriate.  To meet the 
requirement that the signed statement of the Treasurer of State accompany any ballot 
question for ratification of a bond issue, the statement may be printed on the ballot or it 
may be printed as a separate document that is posted in each voting booth on election day 
and, in the case of absentee voting, the statement must be made available to each voter 
who votes in the presence of the municipal clerk or provided along with the ballot to each 
absentee voter who does not vote in the presence of the municipal clerk voters as 
provided in Title 21-A, sections 605 and 651. 
Sec. 4.  21-A MRSA §1, sub-§21, as amended by PL 2007, c. 515, §2, is further 
amended to read: 
21.  Incoming voting list.  "Incoming voting list" means the printed list of all of the 
voters in a municipality that is used by election officials at a voting place to record which 
voters have been issued a ballot at an election.  The list must include the following 
information for each voter and may not include any other information:  name; year of 
birth; residence address; enrollment status; electoral district; voter status, active or 
inactive; voter record number; designations regarding challenged ballots, absentee ballots 
or whether a voter needs to show identification before voting; and any special 
designations indicating uniformed service voters, overseas voters or township voters. The 
portion of the incoming voting list relating to Address Confidentiality Program 
participants must be kept under seal and excluded from public inspection.  The residence 
address for any voter whose address has been made confidential pursuant to section 22, 
subsection 3, paragraph B may not be printed on the incoming voting list, and the words 
"address is confidential" must be printed on the list instead. 
Sec. 5.  21-A MRSA §22, sub-§7 is enacted to read: 
7.  Incoming voting list.  After the incoming voting list is unsealed following the 
election, the list must be made available for public inspection and copying in accordance 
with Title 1, section 408. 
Sec. 6.  21-A MRSA §23, sub-§7, as amended by PL 1985, c. 383, §1, is further 
amended to read: 
7.  Ballots and other election materials.  The clerk shall keep the ballots, envelopes 
and applications from voters who voted by absentee ballot and other election materials 
listed in section 698 in his other than the incoming voting list in the clerk's office or other 
secure location under the control of the clerk for 22 months and incoming voting lists for 
years following the election, unless sooner released to the Secretary of State or required 
by the Secretary of State to be kept longer. Once released to the Secretary of State, they 
shall must be kept by him the Secretary of State until any appeal period bearing on the 
validity of the election has expired. Notwithstanding this subsection, ballots used for 
municipal elections conducted under this Title, referenda elections or special legislative 
elections shall must be kept for 2 months. 
Sec. 7.  21-A MRSA §23, sub-§7-A is enacted to read: 
7-A.  Incoming voting lists.  The clerk shall keep the incoming voting lists in the 
clerk's office for 2 years following the election. 
Sec. 8.  21-A MRSA §155, first ¶, as amended by PL 2005, c. 453, §30, is further 
amended to read: 
The registrar shall conditionally accept the registration and enrollment of any person 
who is 17 years of age and will attain 18 years of age by the next election, and who is 
otherwise qualified to be a voter.  The conditional registration automatically becomes 
effective on the person's 18th birthday and the registrant then is eligible to vote. 
Sec. 9.  21-A MRSA §337, sub-§2, ¶D, as amended by PL 2003, c. 447, §11, is 
further amended to read: 
D.    A challenger or a candidate may appeal the decision of the Secretary of State by 
commencing an action in the Superior Court.  This action must be conducted in 
accordance with the Maine Rules of Civil Procedure, Rule 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 must be tried, without a jury, within 10 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 
petitions, unless the applicant's interest is adequately represented by existing parties.  
The court shall issue a 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. 10.  21-A MRSA §356, sub-§2, ¶D, as amended by PL 2009, c. 253, §22, is 
further amended to read: 
D.    A challenger or a candidate may appeal the decision of the Secretary of State by 
commencing an action in the Superior Court.  This action must be conducted in 
accordance with the Maine Rules of Civil Procedure, Rule 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 must be tried, without a jury, within 10 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. 11.  21-A MRSA §371, as amended by PL 2007, c. 455, §15, is further 
amended to read: 
§371.  Candidates for nomination; vacancy 
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 
vacancy pursuant to section 362-A.  A candidate for nomination may not withdraw less 
than 60 days before the primary election.  Less than 60 days before the primary election, 
a candidate may withdraw from the primary by providing a written notice to the Secretary 
of State that the candidate is withdrawing and will not serve if elected.  The candidate's 
name will not be removed from the ballot, but upon receipt of the notice of late 
withdrawal, the Secretary of State shall instruct the local election officials in the 
candidate's electoral district to distribute notices with absentee ballots requested after that 
date and to post a notice at each voting place in the district informing voters that the 
candidate has withdrawn and that a vote for that candidate will not be counted.  Notice of 
the late withdrawal must also be posted on the Secretary of State's publicly accessible 
website. 
Sec. 12.  21-A MRSA §374-A, sub-§1, ¶A, as amended by PL 1993, c. 447, §4, 
is further amended to read: 
A.    Withdraws on or before 5 p.m. of the 2nd Monday in July preceding the general 
election in accordance with section 367; 
Sec. 13.  21-A MRSA §374-A, sub-§3, as enacted by PL 2007, c. 455, §16, is 
amended to read: 
3.  Deadline for withdrawal.  A candidate for an office on the general election ballot 
may not must withdraw less than at least 60 days before the general election in order for 
the candidate's name to be removed from the ballot.  Less than 60 days before the general 
election, a candidate may withdraw from the election by providing a written notice to the 
Secretary of State that the candidate is withdrawing and will not serve if elected.  The 
candidate's name will not be removed from the ballot, but upon receipt of the notice of 
late withdrawal, the Secretary of State shall instruct the local election officials in the 
candidate's electoral district to distribute notices with absentee ballots requested after that 
date and to post a notice at each voting place in the district informing voters that the 
candidate has withdrawn and that a vote for that candidate will not be counted.  Notice of 
the late withdrawal must also be posted on the Secretary of State's publicly accessible 
website. 
Sec. 14.  21-A MRSA §605, as amended by PL 2007, c. 455, §22, is repealed. 
Sec. 15.  21-A MRSA §605-A is enacted to read: 
§605-A.  Instructions 
1.  For election officials.  The Secretary of State shall provide the clerk, registrar and 
election officials of each municipality with printed instructions and information to assist 
them in performing the requirements of this Title. 
2.  For voters.  The Secretary of State shall prepare instructional materials and 
posters and provide them to each municipality to assist voters in registering to vote and in 
voting. 
A.  The voting instruction poster must include information on how to mark the ballot, 
including how to mark a write-in vote; how to replace the ballot if the voter makes a 
mistake; and how to receive assistance in marking the ballot.  It may include other 
voting information. 
B.  The voting rights poster or notice must contain information advising prospective 
registrants and voters of their voting rights. 
C.  The election penalty poster or notice must contain information regarding penalties 
for voting law violations. 
D.  The Treasurer's Statement must be prepared according to Title 5, section 152 to 
accompany ballots containing any statewide bond issues.  The Secretary of State must 
include written instructions on each referendum ballot that indicate where the voter 
may view the Treasurer's Statement on the Secretary of State's publicly accessible 
website. 
E.  For each referendum ballot, a citizen's guide to the referendum election must be 
prepared and include the full text of each measure; the Attorney General's 
explanatory statement prepared under Title 1, section 353; the Treasurer's Statement 
prepared under Title 5, section 152; the Office of Fiscal and Program Review's 
estimate of the fiscal impact prepared under Title 1, section 353; and any public 
comment submitted pursuant to Title 1, section 354.  The Secretary of State must post 
a citizen's guide to the referendum election on the Secretary of State's publicly 
accessible website and provide a printed copy to each municipality and to each public 
library in the State. 
Each municipality must post the voter instructional materials as described in section 651. 
Sec. 16.  21-A MRSA §606, as amended by PL 2007, c. 455, §23, is repealed and 
the following enacted in its place: 
§606.  Official ballots 
Within a reasonable time before any election, the Secretary of State shall furnish each 
municipality with official ballots to be used for absentee voting and for voting on election 
day. 
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 number 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 and 
provide a written justification for the request.  The Secretary of State may send the 
requested number to the clerk and may furnish as many additional ballots as the Secretary 
of State believes necessary. 
2.  How packaged.  The ballots must be bundled and sealed in units as determined by 
the Secretary of State.  Each package to be shipped must be labeled on the outside with 
the name of the municipality for which it is intended and indicate that it contains state 
ballots.  If the municipality has more than one voting place or voting district, then each 
package of ballots for election day must be labeled on the outside to indicate the voting 
place or voting district for which it is intended. 
3.  Receipt issued; inspection of ballots by the clerk.  Upon receipt of one or more 
packages of official ballots for an election, the clerk shall use the following process to 
inspect and verify the contents of the packages. 
A.  Upon receipt of absentee ballots or blank absentee ballots, the clerk shall open 
each sealed package and verify that the ballots do not have any errors and that the 
correct amount of ballots has been received.  The clerk shall immediately complete 
and return the receipt form provided by the Secretary of State, confirming receipt and 
noting any discrepancies in the type or amount of ballots received.  The clerk shall 
then proceed to issue absentee ballots or blank absentee ballots in response to 
pending requests. 
B.  Upon receipt of regular ballots to be used on election day, the clerk shall open, in 
the presence of one or more witnesses, each sealed package and verify that the ballots 
do not have any errors and that the correct amount of ballots has been received. The 
clerk shall immediately complete and return the receipt form provided by the 
Secretary of State, confirming receipt and noting any discrepancies in the type or 
amount of ballots received.  The clerk may remove ballots to be used for testing 
electronic tabulating systems or other voting devices and mark them as provided by 
section 854.  The clerk shall complete the clerk's portion of the warden's receipt of 
ballots and shall then reseal each package of regular ballots and secure each package 
until election day when it is delivered to the warden at the voting place. 
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 municipality. 
5.  Reproducing official ballots.  It is unlawful for a person to copy or reproduce an 
unmarked official ballot without the express authorization of the Secretary of State. 
Sec. 17.  21-A MRSA §609 is enacted to read: 
§609.  Ballot security materials 
The Secretary of State shall furnish each municipality with tamper-proof ballot 
security containers and locks, which must be used for securing used ballots and other 
election materials for statewide elections conducted under this Title.  If a state-supplied 
container or lock becomes defective, lost or destroyed, the clerk must apply in writing to 
the Secretary of State for a replacement.  The Secretary of State shall supply or approve a 
replacement at the expense of the municipality.  If a municipality wishes to use a 
tamper-proof ballot security container to seal municipal election ballots and materials, 
that municipality must obtain the container and lock at its own expense. For each 
election, the Secretary of State also must furnish uniquely numbered seals to be used to 
secure the containers. 
Sec. 18.  21-A MRSA §626, sub-§1, as amended by PL 1997, c. 436, §88, is 
further amended to read: 
1.  Opening time flexible.  The polls must be opened no earlier than 6 a.m. and no 
later than 9 a.m. on election day; except that in municipalities with a population of less 
than 4,000, the polls must be opened no later than 10:00 8 a.m. on election day.  The 
municipal officers of each municipality shall determine the time of opening the polls 
within these limits.  The municipal clerk shall notify the Secretary of State of the poll 
opening times at least 30 days before each election conducted under this Title. 
Sec. 19.  21-A MRSA §629, sub-§1, ¶D-1, as amended by PL 2009, c. 538, §8, 
is repealed. 
Sec. 20.  21-A MRSA §629, sub-§3, as amended by PL 1995, c. 459, §52, is 
further amended to read: 
3.  Described.  Each booth must have within it a pencil or marker without an eraser 
and a shelf on which a voter may mark a ballot conveniently.  An instruction poster 
provided under section 605 605-A, subsection 2 must be securely placed above the shelf 
to assist the voter.  Each booth must have back and side panels large enough to screen the 
voter from the observation of others. 
Sec. 21.  21-A MRSA §631-A, sub-§3 is enacted to read: 
3.  Change of voting place.  If the municipal officers wish to change the location of a 
voting place, they must apply to the Secretary of State at least 60 days before the next 
statewide election, unless an emergency exists.  The Secretary of State shall design the 
application form.  The Secretary of State must approve the application before the voting 
place may be changed. 
Sec. 22.  21-A MRSA §651, sub-§2, as amended by PL 2009, c. 253, §25, is 
further amended to read: 
2.  Election materials distributed and posted.  At any time after the materials 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 poster outside the guardrail where 
it is visible to voters before they have voted.  The election officials shall also post one set 
of sample ballots or one set of sample ballot labels for each ballot being used in that 
voting place, along with 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.  On election day, the clerk or the election officials must 
post the voter instructional materials described in section 605-A, if applicable to the 
election, as follows: 
A.  In each voting booth: one voting instruction poster prepared under section 605-A; 
and 
B.  Outside the guardrail enclosure at each voting place: 
(1)  At least one voting instruction poster prepared under section 605-A; 
(2)  One set of sample ballots for each ballot style being used in that voting place; 
(3)  A list of any declared write-in candidates for that voting district, with the 
office sought, next to the sample ballots; 
(4)  One voting rights poster or notice prepared under section 605-A; 
(5)  One election penalty poster or notice prepared under section 605-A; 
(6)  One Treasurer's Statement prepared under Title 5, section 152; 
(7)  One citizen's guide to the referendum election prepared under section 605-A; 
and 
(8)  One copy of the Office of Fiscal and Program Review's estimate of the fiscal 
impact prepared under Title 1, section 353. 
Sec. 23.  21-A MRSA §674, sub-§1, ¶B-2, as enacted by PL 2003, c. 447, §15, is 
amended to read: 
B-2.  Attempts to influence a voter in marking that voter's ballot; or 
Sec. 24.  21-A MRSA §674, sub-§1, ¶C, as repealed and replaced by PL 1993, c. 
473, §18 and affected by §46, is amended to read: 
C.    Assists or offers to assist another person at the voting place in marking that other 
person's ballot, unless the person has been requested to do so by the warden or ward 
clerk; or. 
Sec. 25.  21-A MRSA §674, sub-§1, ¶D, as repealed and replaced by PL 1993, c. 
473, §18 and affected by §46, is repealed. 
Sec. 26.  21-A MRSA §674, sub-§2, ¶A, as amended by PL 2003, c. 447, §16, is 
further amended to read: 
A.    Assists another person in voting, knowing that the other person is not eligible to 
vote.; and 
Sec. 27.  21-A MRSA §674, sub-§2, ¶E is enacted to read: 
E.  Having been entrusted with another voter's marked ballot, discloses the content of 
that ballot to another person. 
Sec. 28.  21-A MRSA §696, sub-§6, as amended by PL 2009, c. 253, §33, is 
further amended to read: 
6.  Rules.  The Secretary of State 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 rules must be used by election officials in tabulating the 
results of state and local elections and in all recounts conducted pursuant to this Title.  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 605 605-A, 
subsection 1 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. 29.  21-A MRSA §698, sub-§2-A, as amended by PL 2005, c. 568, §17, is 
repealed and the following enacted in its place: 
2-A.  Used ballots secured.  The election officials shall use the tamper-proof ballot 
security containers described in section 609 to seal the used state ballots, wrapped with 
their tabulations if hand counted or loose if machine tabulated; spoiled ballots; defective 
ballots; void ballots; unopened envelopes containing rejected absentee ballots; envelopes 
containing challenge certificates; and the official tally tape from the electronic tabulating 
system.  The containers must be further secured as follows. 
A.  Each tamper-proof ballot security container must be locked with a state-supplied 
lock and sealed with a uniquely numbered seal before leaving the voting place. The 
lock and seal numbers must correlate with a certificate identifying the person sealing 
the container and the time of the sealing. 
B.  Ballots and election materials for municipal elections conducted at the same time 
as a state election must be sealed separately from state ballots and other state election 
materials and may not be sealed in the state-supplied tamper-proof ballot security 
containers.  If municipalities wish to use tamper-proof ballot security containers to 
seal municipal election materials, they must obtain the containers and locks at their 
own expense. 
The sealed tamper-proof ballot security containers of used ballots must remain sealed for 
at least 2 months after the election, unless the Secretary of State authorizes the clerk to 
open the containers prior to that date.  After 2 months, the clerk shall open the containers 
in the presence of one or more witnesses and transfer the ballots to other containers for 
the remainder of the retention period described in section 23. The new containers must be 
securely sealed. 
Sec. 30.  21-A MRSA §698, sub-§3-A is enacted to read: 
3-A.  Absentee envelopes sealed in separate containers.  The election officials 
shall seal the used absentee envelopes, from which the voted ballots have been removed 
and counted, with the applicable applications attached, in one or more tamper-proof ballot 
security containers or other containers separate from the containers with the used or 
unused ballots.  The municipal clerk shall keep these containers of used absentee 
envelopes sealed for 5 business days after the election or until the time for any recount 
conducted under section 737-A, contested election or appeal has passed, whichever is 
longer.  At the end of the 5th business day after the election, if the municipal clerk 
verifies that a recount has not been requested, the municipal clerk shall unseal the 
containers of used absentee envelopes and keep them in the clerk's office as a public 
record for the time required for retention of ballots under section 23. 
Sec. 31.  21-A MRSA §711, sub-§4 is enacted to read: 
4.  Authority to open tamper-proof ballot security containers.  The Secretary of 
State may authorize the municipal clerk, in the presence of the warden and an election 
clerk from each of the major parties, to open the sealed tamper-proof ballot security 
containers as described in section 609 holding used ballots to retrieve the incoming 
voting list or a copy of any election return forms that were improperly sealed in the 
containers.  The Secretary of State also may authorize these election officials to review 
and make copies of tabulation sheets that would assist in properly reporting or correcting 
the results recorded on election night, as well as to review machine-tabulated ballots that 
were hand counted because they were not read by the tabulator or because they contained 
write-in votes, and to correct errors in the hand tabulation.  The clerk must reseal the 
containers and secure them for the remainder of the time required for retention of ballots 
under section 23. 
Sec. 32.  21-A MRSA §854, as amended by PL 1995, c. 459, §106, is further 
amended to read: 
§854.  Test of electronic tabulating equipment 
The clerk shall have the electronic tabulating equipment tested prior to the polls 
opening to ascertain that it accurately counts the votes cast for all offices and on all 
measures.  The test must be conducted by processing a preaudited group of ballots 
marked to record a predetermined number of valid votes for each candidate and on each 
measure.  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 test must include one or more ballots that have votes for each 
office in excess of the number allowed by law in order to test the ability of the electronic 
tabulating equipment to reject those votes. In this test, valid votes must be assigned to 
each candidate for an office and for and against each measure. If any error is detected, the 
cause for the error must be ascertained and corrected and an errorless count must be made 
and certified by the clerk before the polls open on election day.   The test ballots, the hand 
tally and the tapes generated as a result of the tests must be packed and sealed in a 
container labeled "Test Ballots."  The container must remain sealed until for at least 60 
days 2 months after the election, unless needed for recount purposes.  The tests provided 
for in this section must be open to the public. 
Sec. 33.  21-A MRSA §902, 2nd ¶, as amended by PL 2009, c. 611, §2, is further 
amended to read: 
The petitions must be signed, verified and certified in the same manner as are 
nonparty nomination petitions under section 354, subsections 3 and 4 and subsection 7, 
paragraphs A and C.  The circulator of a petition must sign the petition and verify the 
petition by oath or affirmation as described in section 354, subsection 7, paragraph A 
prior to submitting the petition to the registrar.  If the petitions submitted to the registrar 
are not signed and verified in accordance with this paragraph, the registrar may not 
certify the petitions and is required only to return the petitions.  The clerk or registrar 
shall keep a log of petitions submitted to the municipal office for verification.  The log 
must contain the title of the petition, the name of the person submitting the petition, the 
date of submission, the number of petition forms submitted and the date and manner by 
which the petitions were returned. 
Sec. 34.  30-A MRSA §371-B, sub-§3, ¶C, as repealed and replaced by PL 1997, 
c. 562, Pt. D, §6 and affected by §11, is amended to read: 
C.  The candidate applies to the Secretary of State for a criminal background 
investigation; and 
Sec. 35.  30-A MRSA §371-B, sub-§3, ¶D, as amended by PL 1999, c. 338, §1, 
is further amended to read: 
D.    The candidate submits written certification from the Maine Criminal Justice 
Academy that the candidate has: 
 (1)  Met the basic law enforcement training standards under Title 25, section 
2804-C; or 
 (2)  Met the basic corrections training standards under Title 25, section 2804-D 
and has 5 years of supervisory employment experience.; and 
Sec. 36.  30-A MRSA §371-B, sub-§3, ¶E is enacted to read: 
E.  The candidate swears to or affirms that the candidate has at least 5 years of 
supervisory employment experience and submits the name, address and telephone 
number for the relevant employer or employers. 
SUMMARY 
This bill clarifies the requirements for the information that is created to help voters 
understand ballot questions, including the Attorney General's explanatory statement of 
what a "yes" vote favors and what a "no" vote opposes; the Office of Fiscal and Program 
Review's estimate of the fiscal impact on state revenues, appropriations and allocations of 
each ballot measure; and the Treasurer's Statement that accompanies each bond issue.  
This bill reorganizes the section on retention of election materials so that the incoming 
voting list is addressed separately from the ballots.  The bill adds a voter's year of birth to 
the information that must be included on the incoming voting list and specifies that the 
incoming voting list is a public record after it is unsealed following the election.  This bill 
reorganizes and enhances the sections of law governing the instructions that the Secretary 
of State must prepare for election officials and voters and details how informational 
materials must be made available to the voters.  The bill clarifies the sections dealing with 
candidate withdrawals less than 60 days before a primary or general election.   The bill 
also reorganizes the section of law governing how official ballots are provided to 
municipalities and specifies how the chain of custody must be maintained.  This bill 
reorganizes the section of law governing how voted ballots are sealed and secured 
following the election and creates a separate section to describe the ballot security 
materials supplied by the Secretary of State.  The bill creates a new requirement that a 
municipality must apply to the Secretary of State at least 60 days before an election to 
change the location of a voting place.  The bill makes explicit that it is a crime for a 
person who is entrusted with another voter's marked ballot to disclose the contents of that 
ballot to another person.  The bill also provides that absentee envelopes and applications 
are to be sealed separately from the ballots so that they become public records after they 
are unsealed.  The bill permits the Secretary of State to authorize the municipal clerk, in 
the presence of the warden and an election clerk from each of the major parties, to open 
the sealed ballot security containers after an election for specific, limited purposes.  The 
bill requires the municipal clerk or registrar to keep a log of the petitions that are 
submitted to the municipal office for certification.  The bill also clarifies the supervisory 
experience required for candidates for the office of sheriff.  The bill makes other routine 
or technical changes.