An Act To Reform the Election Laws
Maine Legislature, Session 125, LD 0797
Committee: Veterans and Legal Affairs
Sponsors: WHITTEMORE, THOMAS
Amends: 21-A MRSA §121, 21-A MRSA §122, 21-A MRSA §156, 21-A MRSA §671, 21-A MRSA §673, 21-A MRSA §721, 21-A MRSA §753-B

Legislative Document 
No. 797 
S.P. 241 
In Senate, March 1, 2011 
An Act To Reform the Election Laws 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator WHITTEMORE of Somerset. 
Cosponsored by Senator: THOMAS of Somerset. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  21-A MRSA §121, sub-§1-A, as amended by PL 2005, c. 453, §12, is 
further amended to read: 
1-A.  Identification and proof.  Registration applications taken by outside agencies 
must be transferred to the Secretary of State within 5 days of receipt.  An applicant who 
attempts to register within 30 days of an election must be advised that the registrar might 
not receive the application before that election, but that the applicant may register in 
person before or on on or before 7 days prior to election day. 
Registration applications received by the Secretary of State from outside agencies 30 days 
or more before an election must be transferred to the appropriate registrar's office within 
business days of receipt.  Registration applications received by the Secretary of State 
from outside agencies less than 30 days before an election must be transferred to the 
appropriate registrar's office within 5 business days of receipt.  Registration applications 
by mail or by a 3rd person must be received in the registrar's office by the close of 
business on the 21st day before election day in order for persons' names to appear on the 
incoming voting list for that election.  The 20-day period before the election is the closed 
period for outside registrations.  The registrar shall send the notice required by section 
to all voters whose applications were received by mail or a 3rd person by the 21st 
day before election day no later than the 18th day before election day. 
A person who registers during the period of 20 days before election day or on election 
day shall to 7 days before election day must register in person and show proof of identity, 
citizenship and residency.  If satisfactory proof of identity, citizenship and residency can 
not be provided to the registrar or deputy, the person's name is entered into the central 
voter registration system and placed on the incoming voting list and the person casts a 
challenged ballot. 
Sec. 2.  21-A MRSA §122, sub-§4, as amended by PL 2005, c. 453, §16, is 
repealed. 
Sec. 3.  21-A MRSA §122, sub-§5, as amended by PL 2007, c. 515, §3, is further 
amended to read: 
5.  Alternative registration schedule for absentee voters.  If the clerk receives a 
properly completed absentee ballot application that is signed by a person who is not a 
registered voter in the municipality, a presumption of the person's qualification as a voter 
is established.  The clerk shall send an absentee ballot to the voter at the address 
indicated, along with a voter registration application under section 152.  The completed 
registration application must be returned to the clerk by the close of the polls on or before 
days prior to election day in order for the ballot to be counted and may not be sealed 
with the voted absentee ballot.  If the application is received during the closed period and 
the registrar is not satisfied as to the person's qualification as a voter, the registrar shall 
follow the requirements of section 121, subsection 1-A to place the person's name on the 
incoming voting list and challenge the absentee ballot.  An application by telephone 
under section 753-A, subsection 4 or an application by e-mail under section 753-A, 
subsection 6 does not establish a presumption of qualification under this section and the 
requestor must submit a properly completed voter registration application before the clerk 
may issue an absentee ballot. 
Sec. 4.  21-A MRSA §122, sub-§6, as amended by PL 2005, c. 453, §18, is 
further amended to read: 
6.  Schedule for acceptance of registrations.  Except as provided in paragraph A, 
the registrar shall accept registrations on any business day or other day that the clerk's 
office is open.  The names and other information from the voter registration applications 
of any persons registering on or before 7 days before election day must be entered into 
the central voter registration system and must be placed on the incoming voting list. 
A.  The registrar may accept only the registrations of applicants who appear in person 
as follows: 
(1)  In a municipality with a population of 2,500 or fewer, on the last business 
day that the clerk's office is open or before 7 days prior to election day during the 
hours that the clerk's office is open; 
(2)  In a municipality with a population of more than 2,500, on the last 5 or 
before the 12 business days that the clerk's office is open before election day 
during the hours that the clerk's office is open and for 2 hours in the evening 
between 5 p.m. and 9 p.m. on at least one of these days; and 
(3)  The names of voters registering during these periods must be recorded as 
provided under subsection 7. 
Sec. 5.  21-A MRSA §122, sub-§9, as amended by PL 2003, c. 395, §1, is further 
amended to read: 
9.  Regulation of registration monitors.  Anyone who wishes to monitor the names 
and addresses of persons who are registering at the registrar's office or the clerk's office 
shall inform the registrar or clerk of that intent.  Anyone who wishes to monitor the 
names and addresses of persons who are registering at the polling place shall inform the 
registrar or clerk of that intent by submitting a written, signed statement containing the 
proposed monitor's name, address and intent.  The registrar or clerk may designate a place 
where a person monitoring registrations may stand.  The registrar or clerk shall then 
announce the name and address of individuals registering to vote in a loud and clear 
voice.  A person monitoring registrations shall direct any questions the person has to the 
registrar or clerk.  These questions must be limited to information pertinent to the 
qualifications of an individual to register.  A person monitoring registrations may not ask 
questions of individuals waiting to register concerning their eligibility to vote.  A polling 
place registration monitor may not handle or inspect registration cards, files or other 
materials used by the registrar or clerk except as provided in section 22.  A monitor may 
not inhibit the work of the registrar or clerk.  If the work of a registrar or clerk appears to 
be inhibited, the warden registrar or clerk may request a reduction in the number of 
monitors present in the polling place.  A registrar or clerk may require a person 
monitoring registrations who violates the provisions of this subsection to leave the 
building. 
Sec. 6.  21-A MRSA §156, sub-§1, as amended by PL 2005, c. 568, §7, is further 
amended to read: 
1.  Registration and enrollment.  A township resident who lives in a township for 
which the county commissioners have not established a voting place as provided in 
section 632 may register and enroll in any municipality within the applicant's 
representative district or, if the applicant lives in a portion of a township not easily 
accessible to a municipality within the representative district, the township resident may 
register and enroll in a more convenient municipality within or outside the county.  The 
township resident may register and enroll on or before 7 days prior to election day. The 
registrar shall designate the applicant as a township voter with the letter "T" in the central 
voter registration system and on the incoming voting list. 
Sec. 7.  21-A MRSA §671, sub-§1, as amended by PL 2005, c. 453, §55, is 
further amended to read: 
1.  Name announced.  A voter who wishes to vote must provide proof of identity 
with documentation approved by the Secretary of State by rule, and state the voter's name 
and, upon request, residence address to an election clerk, who shall announce the name in 
a loud, clear voice. 
Sec. 8.  21-A MRSA §673, sub-§1, ¶A, as amended by PL 2007, c. 455, §32, is 
further amended to read: 
A.  A voter or an election official may challenge another voter only upon personal 
knowledge or a reasonably supported belief that the challenged voter is unqualified.  
Only the following reasons for challenges may be accepted by the warden.  The 
challenged person: 
(1)  Is not a registered voter; 
(2)  Is not enrolled in the proper party, if voting in a primary election; 
(3)  Is not qualified to be a registered voter because the challenged person: 
(a)  Does not meet the age requirements as specified in sections 111, 
subsection 2 and section 111-A; 
(b)  Is not a citizen of the United States; or 
(c)  Is not a resident of the municipality or appropriate electoral district 
within the municipality; 
(4)  Registered to vote during the closed period or on or before 7 days prior to 
election day and did not provide satisfactory proof of identity, citizenship and 
residency to the registrar pursuant to section 121, subsection 1-A, except that 
only an election official may challenge for this reason; 
(5)  Did not properly apply for an absentee ballot; 
(6)  Did not properly complete the affidavit on the absentee return envelope; 
(7)  Did not cast the ballot or complete the affidavit before the appropriate 
witness; 
(8)  Communicated with someone as prohibited by section 754-A, subsection 1, 
paragraph B or subsection 3, paragraph B or D; 
(9)  Did not have the ballot returned to the clerk by the time prescribed; 
(10)  Voted using the name of another; 
(11)  Committed any other specified violation of this Title; or 
(12)  Voted using the wrong ballot for the appropriate electoral district or 
political party, if applicable. 
Sec. 9.  21-A MRSA §721, first ¶, as amended by PL 2005, c. 453, §57, is further 
amended to read: 
Within 10 business days after any statewide election, the registrar shall update all 
information in the central voter registration system for all voters in the municipality to 
reflect any voter registration activity after the incoming voting list was printed for that 
election and up until the close of the polls on election day.  The registrar shall also enter 
any designations of challenged ballots in the applicable voter records in the central voter 
registration system.  The registrar shall notify the Secretary of State as soon as these tasks 
are complete. 
Sec. 10.  21-A MRSA §753-B, sub-§4, ¶A, as enacted by PL 1999, c. 645, §6, is 
amended to read: 
A.  The applicant states good cause, including, but not limited to, loss of, spoiling of 
or damage to the first absentee ballot.  Good cause does not include an applicant's 
decision to change the applicant's vote after the applicant has returned the ballot to 
the clerk; or 
Sec. 11.  21-A MRSA §753-B, sub-§9 is enacted to read: 
9.  Ballot returned to clerk.  The clerk may not issue a 2nd state absentee ballot to 
an applicant after the applicant has returned a ballot to the clerk, except as provided in 
subsection 4. 
Sec. 12.  Rules.  The Secretary of State shall adopt rules pursuant to this Act 
establishing proof of citizenship and photograph identification standards for a voter 
providing proof of identity to an election clerk or the registrar of voters.  Rules adopted 
pursuant to this section are routine technical rules as defined in the Maine Revised 
Statutes, Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
Current law authorizes citizens of the State to register to vote on election day.  This 
bill repeals that provision and instead requires that citizens of the State register to vote no 
later than 7 days preceding the election in order to vote in that election.  The bill also 
requires that a person provide proof of citizenship to register to vote. 
This bill also requires that a voter provide proof of identity with documentation 
approved by the Secretary of State by rule. 
This bill also prohibits a municipal clerk from issuing a 2nd state absentee ballot to 
an applicant after a ballot has been returned by the applicant to the clerk, except for good 
cause, and stipulates that an applicant's decision to change a vote does not constitute good 
cause.