An Act Regarding the Election Laws
Maine Legislature, Session 127, LD 1484
Committee: Veterans and Legal Affairs
Sponsors: CYRWAY, LUCHINI, DILL, DUTREMBLE, PATRICK, BLACK, DION, GOLDEN, MAREAN, POULIOT
Amends: 21-A MRSA §101, 21-A MRSA §122, 21-A MRSA §152, 21-A MRSA §181, 21-A MRSA §196-A, 21-A MRSA §331, 21-A MRSA §363, 21-A MRSA §367, 21-A MRSA §371, 21-A MRSA §374-A, 21-A MRSA §375, 21-A MRSA §376, 21-A MRSA §506, 21-A MRSA §626, 21-A MRSA §626-A, 21-A MRSA §671, 21-A MRSA §682, 21-A MRSA §698, 21-A MRSA §712, 21-A MRSA §721, 21-A MRSA §722-A, 21-A MRSA §737-A, 21-A MRSA §760-B, 21-A MRSA §777-A, 21-A MRSA §781-A

Legislative Document 
No. 1484 
S.P. 582 
In Senate, December 18, 2015 
An Act Regarding the Election Laws 
(EMERGENCY) 
Submitted by the Secretary of State pursuant to Joint Rule 203. 
Received by the Secretary of the Senate on December 18, 2015.  Referred to the Committee 
on Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator CYRWAY of Kennebec. 
Cosponsored by Representative LUCHINI of Ellsworth and 
Senators: DILL of Penobscot, DUTREMBLE of York, PATRICK of Oxford, Representatives: 
BLACK of Wilton, DION of Portland, GOLDEN of Lewiston, MAREAN of Hollis, POULIOT 
of Augusta. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this legislation makes necessary changes to improve the administration of 
primary and general elections; and 
Whereas, changes related to the administration of the primary election would not 
take effect until after the election unless enacted as emergency legislation; and 
Whereas, in order to treat primary and general election candidates the same, these 
changes must be in effect for both elections in the same election year; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  21-A MRSA §101, sub-§10, as enacted by PL 2007, c. 455, §3, is 
amended to read: 
10.  Ineligible to serve.  When a member of the registrar's immediate family 
becomes a candidate for federal, state, local or county office in the electoral division in 
which the registrar is appointed, the registrar may not serve as registrar during the period 
beginning when the candidate files a petition to be a candidate or is nominated to be a 
replacement candidate until the time of election. The registrar shall instead appoint a 
deputy to whom the municipality shall pay all associated costs who must be compensated 
by the municipality for the duration of the deputy's temporary employment in that 
capacity. 
Sec. 2.  21-A MRSA §122, sub-§7, as amended by PL 2005, c. 453, §19, is 
further amended to read: 
7.  Record of names.  The names of voters who register by appearing in person 
before the registrar during the business days before election day under subsection 6 must 
be recorded as provided in either paragraph A or B: 
A.  The registrar shall, after finding an applicant qualified, issue a certificate 
requiring the voter's name and other required information to be written on the original 
or any supplemental incoming voting list at the voting place on election day. The 
certificate must be attached to, or included with, the incoming voting list and sealed 
as provided in section 698.  Only one certificate may be recorded for any voter at an 
election; or 
B.  The registrar shall, after finding the applicant qualified, enter the voter's name and 
other information from the voter registration application into the central voter 
registration system and add it to the incoming voting list or a supplemental incoming 
voting list.  Before the polls are opened, the registrar shall deliver the incoming 
voting list and any supplemental incoming voting list or lists to the clerk.  The 
inclusion of a person's name on these lists the incoming voting list will entitle the 
applicant to vote on election day.  All references in this Title to the use of the 
incoming voting list before, during and after election day are considered to include 
the supplemental incoming voting list or lists as provided in this paragraph. 
Sec. 3.  21-A MRSA §152, sub-§1, ¶A, as amended by PL 2007, c. 455, §7, is 
repealed and the following enacted in its place: 
A.  The legal name of the voter, in one of the following combinations: 
(1)  First name and last name; 
(2)  First initial, one middle name and last name; or 
(3)  First name, one middle name or one middle initial and last name; 
Sec. 4.  21-A MRSA §152, sub-§1, ¶F, as enacted by PL 1985, c. 161, §6, is 
amended to read: 
F.  Most recent prior residence where registered to vote, including the municipality, 
county and state, and the name under which previously registered, if changed, legal 
address and mailing address; 
Sec. 5.  21-A MRSA §181, sub-§1, ¶B, as amended by PL 2003, c. 407, §14 and 
c. 689, Pt. B, §6, is repealed and the following enacted in its place: 
B.  Outside agencies, or their successors, which include the following: 
(1)  All state agencies that provide public assistance, including the Department of 
Health and Human Services and the offices within the department that provide 
assistance under the Temporary Assistance for Needy Families program under 
Title 22, chapter 1053-B, the Women, Infants and Children Special Supplemental 
Food Program of the United States Child Nutrition Act of 1966, the federal 
Medicaid program and the statewide food supplement program under Title 22, 
section 3104; 
(2)  The uniformed service recruitment offices; 
(3)  The public high schools; 
(4)  The offices of municipal clerks and registrars; 
(5) The Department of Labor, Bureau of Rehabilitation Services; and 
(6) All state agencies that provide state-funded programs primarily engaged in 
providing services to persons with disabilities. 
Sec. 6.  21-A MRSA §196-A, sub-§1, ¶B, as amended by PL 2013, c. 330, §1, is 
further amended to read: 
B.  A political party, or an individual or organization engaged in so-called "get out 
the vote" efforts directly related to a campaign or other activities directly related to a 
campaign, or an individual who has been elected or appointed to and is currently 
serving in a municipal, county, state or federal office, may purchase a list or report of 
certain voter information from the central voter registration system by making a 
request to the Secretary of State or to a registrar if the information requested concerns 
voters in that municipality. The Secretary of State or the registrar shall make 
available the following voter record information, subject to the fees set forth in 
subsection 2:  the voter's name, residence address, mailing address, year of birth, 
enrollment status, electoral districts, voter status, date of registration, date of change 
of the voter record if applicable, voter participation history, voter record number and 
any special designations indicating uniformed service voters, overseas voters or 
township voters.  Any person obtaining, either directly or indirectly, information 
from the central voter registration system under this paragraph may not sell, distribute 
or use the data for any purpose that is not directly related to activities of a political 
party, "get out the vote" efforts directly related to a campaign or other activities 
directly related to a campaign.  This paragraph does not prohibit political parties, 
party committees, candidate committees, political action committees or any other 
organizations that have purchased information from the central voter registration 
system from providing access to such information to their members for purposes 
directly related to party activities, "get out the vote" efforts or a campaign.  For 
purposes of this paragraph, "campaign" has the same meaning as in section 1052, 
subsection 1. 
Sec. 7.  21-A MRSA §331, sub-§1, as enacted by PL 1985, c. 161, §6, is amended 
to read: 
1.  Nomination by primary election.  A party's nomination of a candidate for any 
federal, state or county office shall must be made by primary election, as provided in this 
Article.  When there is an office for which no candidate has qualified either by filing a 
petition and consent under sections 335 and 336 or as a write-in candidate in accordance 
with section 722-A, the Secretary of State is not required to list the office on the primary 
ballot. 
Sec. 8.  21-A MRSA §363, sub-§3, as amended by PL 2011, c. 239, §3, is further 
amended to read: 
3.  Acceptance filed.  A person chosen under this section must file a written 
acceptance containing a statement that the person meets the qualifications of the office 
sought and declaring the person's residence and party enrollment with the Secretary of 
State.  The Secretary of State shall provide a form on which the statement is made by the 
candidate for the candidate's acceptance that must include a list of the statutory and 
constitutional requirements of the office sought by the candidate.  The form also must 
include a place for the registrar of the candidate's municipality of residence to certify the 
candidate's registration and enrollment status. 
Sec. 9.  21-A MRSA §367, as amended by PL 1995, c. 459, §31, is further 
amended to read: 
§367.  Candidate withdrawal 
A candidate who wishes to withdraw from an elective race shall notify the Secretary 
of State in writing of the candidate's intent to withdraw.  This notice must be signed by 
the candidate.  If the reason for the withdrawal is catastrophic illness, condition or injury, 
the procedures set forth in section 374-A, subsection 1, paragraph B must be complied 
with if the candidate is to be replaced. 
Sec. 10.  21-A MRSA §371, as amended by PL 2011, c. 342, §11, is further 
amended to read: 
§371.  Candidates for nomination; vacancy 
If a candidate for nomination dies, withdraws at least 60 70 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.   Less than 60 70 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. 11.  21-A MRSA §374-A, sub-§1, ¶B, as enacted by PL 1989, c. 341, §2, is 
amended to read: 
B.  Withdraws because of a catastrophic illness, condition or injury that has 
permanently and continuously incapacitated the candidate and would prevent 
performance of the duties of the office sought, provided as long as the candidate or a 
member of the candidate's immediate family files with the Secretary of State a 
certificate accompanying the withdrawal request, which that describes the illness, 
condition or injury and is signed by at least 2 a licensed physicians physician; or 
Sec. 12.  21-A MRSA §374-A, sub-§3, as amended by PL 2011, c. 342, §13, is 
further amended to read: 
3.  Deadline for withdrawal.  A candidate for an office on the general election ballot 
must withdraw at least 60 70 days before the general election in order for the candidate's 
name to be removed from the ballot.  Less than 60 70 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. 13.  21-A MRSA §375, sub-§2, as amended by PL 1999, c. 426, §15, is 
further amended to read: 
2.  Candidate for Vice President; death; withdrawal; disqualification.  If a 
candidate for Vice President who has been nominated by petition under section 354, 
subsection 1, paragraph B, dies, withdraws at least 60 70 days before the election or 
becomes disqualified, the vacancy may be filled by a new vice-presidential candidate, if 
the following conditions are met:  
A.  Written resignation is filed with the Secretary of State by the previous vice-
presidential candidate, if the mental and physical condition of the candidate allows; 
B.  Written consent is filed with the Secretary of State by the new vice-presidential 
candidate; 
C.  Written acceptance of the new vice-presidential candidate is filed with the 
Secretary of State by the presidential candidate; and 
D.  Written acceptance of the new vice-presidential candidate is filed with the 
Secretary of State by each of the presidential electors. 
Sec. 14.  21-A MRSA §376, sub-§1, as amended by PL 1997, c. 436, §55, is 
further amended to read: 
1.  Federal or gubernatorial office.  If a candidate or nominee for a federal or 
gubernatorial office withdraws less than 60 70 days before any election, the Secretary of 
State is not required to produce new ballots. 
Sec. 15.  21-A MRSA §506 is enacted to read: 
§506.  Municipal clerk ineligible to serve 
When a member of the municipal clerk's immediate family becomes a candidate for 
federal, state, local or county office in the electoral division in which the municipal clerk 
serves, the municipal clerk may not serve as the supervisor of elections during the period 
beginning when the candidate files a petition to be a candidate or is nominated to be a 
replacement candidate until the time of election. The municipal clerk shall instead 
appoint a deputy who must be compensated by the municipality for the duration of the 
deputy's temporary employment in that capacity. 
Sec. 16.  21-A MRSA §626, sub-§1, as amended by PL 2011, c. 342, §18, is 
further amended to read: 
1.  Opening time flexible.  The polls must be opened no earlier than 6 a.m. and no 
later than 8 a.m. on election day, except that in municipalities with a population of less 
than 500, the polls must be opened no later than 10:00 a.m.  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. 17.  21-A MRSA §626-A is enacted to read: 
§626-A.  Voting place report 
The municipal clerk shall file a voting place report at least 60 days before each 
election conducted under this Title, on a form designed by the Secretary of State, with 
information about each voting place, including, but not limited to, the location of each 
voting place, the poll opening time and the number of voting booths that will be used. 
Sec. 18.  21-A MRSA §671, sub-§2, as amended by PL 2003, c. 584, §9, is 
repealed and the following enacted in its place: 
2.  Name checked and ballot issued.  The election clerk in charge of the incoming 
voting list shall place a check mark or a horizontal line, in red ink, on the list beside the 
voter's name, and if there is more than one party or district ballot style used at that voting 
place, the election clerk must state in a loud, clear voice the party or district ballot style 
that the voter must be given.  The election clerk in charge of the ballots shall give the 
voter one ballot of each kind to which the voter is entitled, and if there is more than one 
party or district ballot style used at that voting place, the election clerk must repeat the 
party or district ballot style being given to the voter.  The voter must be given a ballot 
when the voter’s name is checked on the incoming voting list and may not be referred to 
another location to obtain the ballot.  A voter who will vote using the accessible voting 
system may not be given an official ballot, but may be given a sample ballot to use as a 
voting aid. 
Sec. 19.  21-A MRSA §671, sub-§3, as amended by PL 2009, c. 253, §26, is 
repealed. 
Sec. 20.  21-A MRSA §671, sub-§4, as amended by PL 1997, c. 436, §95, is 
further amended to read: 
4.  Retires to voting booth.  After receiving the ballot or ballots, the voter shall retire 
to a voting booth and mark the ballot or ballots without delay and leave the voting booth.  
No ballot, marked or unmarked, may be left in the voting booth by the voter.  If the voter 
is using the accessible voting system, an election official shall escort the voter to the 
voting station, instruct the voter on the proper use of the accessible voting system, 
provide the voter with access to all ballots to which the voter is entitled and permit the 
voter to cast the voter's ballot using the accessible voting system. 
Sec. 21.  21-A MRSA §671, sub-§5, as amended by PL 2001, c. 310, §35, is 
further amended to read: 
5.  Ballot deposited.  When the voter leaves the voting booth, the voter shall proceed 
to the ballot box.  The clerk shall require the voter to deposit in the ballot box all ballots, 
marked or unmarked, issued to the voter under subsection 3 2, and the voter shall then 
leave the area enclosed by the guardrail.  The voter may not leave the guardrail enclosure 
until the voter has deposited all ballots that were issued to the voter.  The voter may 
permit a family member or an assistant under section 672 to deposit the ballots for the 
voter. 
Sec. 22.  21-A MRSA §682, sub-§3, as amended by PL 2009, c. 253, §27, is 
further amended to read: 
3.  Advertising prohibited.  A person may not display advertising material; operate 
an advertising medium, including a sound amplification device; or display or distribute 
campaign literature, posters, palm cards, buttons, badges or stickers containing a 
candidate's name or otherwise intending to influence the opinion of any voter regarding a 
candidate or question that is on the ballot for the election that day on any public property 
located within 250 feet of the entrance to either the voting place or the building in which 
the registrar's office is located.  The term "sound amplification device" includes, but is 
not limited to, sound trucks, loudspeakers and blowhorns. 
A.  This subsection does not apply to advertising material on automobiles traveling to 
and from the voting place for the purposes of voting.  It does not prohibit a person 
who is at the polls solely for the purpose of voting from wearing a campaign button 
when the longest dimension of the button does not exceed 3 inches. 
B.  Nonpolitical charitable activities and other nonpolitical advertising may be 
allowed at the discretion of the clerk if arrangements are made prior to election day.  
If arrangements are not made in advance of the election day, the warden may, at the 
warden's discretion, either allow or prohibit nonpolitical charitable activities and 
other nonpolitical advertising. 
Sec. 23.  21-A MRSA §698, sub-§3, as amended by PL 2007, c. 515, §6, is 
further amended to read: 
3.  Incoming voting lists packed separately.  The warden and one election clerk 
from each of the major parties shall sign the incoming voting list certification as soon as 
the names of all persons who have voted, including persons who have voted by absentee 
ballot, have been checked off.  The election clerks shall place the incoming voting list in 
a separate package outside the containers of used and unused ballots and seal the package 
with the signed incoming voting list certification.  The incoming voting list includes any 
certificates entitling voters to be placed on the incoming voting list and any supplemental 
incoming voting list, where applicable, pursuant to section 122, subsection 7.  The 
municipal clerk shall keep these incoming voting lists 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 incoming voting list and keep it in the clerk's office as a 
public record for the time required pursuant to section 23. 
Sec. 24.  21-A MRSA §712, as amended by PL 1993, c. 473, §27 and affected by 
§46, is further amended to read: 
§712.  Return not delivered 
If an election return is not delivered to the Secretary of State within 3 business days 
by 5 p.m. on the 3rd business day after an election, the Secretary of State shall may send 
a messenger courier to the municipality concerned, and the clerk shall give that 
messenger courier a certified copy of the return.  The municipality shall reimburse the 
Secretary of State for the costs of the courier service. 
Sec. 25.  21-A MRSA §721, as amended by PL 2009, c. 253, §35, is further 
amended to read: 
§721.  Reports of registration and enrollment 
Within 10 15 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. 
After the registrar has completed the update of the central voter registration system, 
as required by this section, and no later than 20 45 business days after the election, unless 
a recount has been requested pursuant to section 737-A, the clerk shall update the central 
voter registration system by entering voter participation history for that election.  The 
clerk shall notify the Secretary of State as soon as this task is completed. 
In a municipality in which a recount has been requested pursuant to section 737-A, 
the clerk shall update the central voter registration system by entering voter participation 
history for that election within 10 20 business days after receiving the incoming voting 
list 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. 26.  21-A MRSA §722-A, as amended by PL 2009, c. 253, §37, is further 
amended to read: 
§722-A.  Determination of declared write-in candidate 
To be considered a declared write-in candidate, a person must file a declaration of 
write-in candidacy with the Secretary of State, on a form approved by the Secretary of 
State, on or before 5 p.m. on the 45th 60th day prior to the election.  The candidate must 
meet all the other qualifications for that office. 
Sec. 27.  21-A MRSA §737-A, first ¶, as amended by PL 2007, c. 515, §8, is 
further amended to read: 
Once a recount is requested, the Secretary of State shall notify the State Police, who 
shall take physical control of all ballots and related materials involved in the recount as 
soon as possible, except that for a statewide office or statewide referendum or an office or 
referendum that encompasses more than one county, the Secretary of State, in agreement 
with the parties involved in the recount, may direct the State Police to retrieve ballots 
from certain voting jurisdictions so that the recount may be conducted in stages until the 
requesting candidate or the lead applicant for a referendum recount concedes or until all 
the ballots are recounted. 
Sec. 28.  21-A MRSA §737-A, 4th ¶, as enacted by PL 1993, c. 473, §31 and 
affected by §46, is amended to read: 
If, after the official tabulation is submitted to the Governor, the apparent winner is 
determined the losing candidate, that candidate may request another a recount within 3 
business days after the date the Governor receives the tabulation. 
Sec. 29.  21-A MRSA §737-A, sub-§1, ¶¶A and B, as amended by PL 2003, c. 
447, §25, are further amended to read: 
A.  If the percentage difference shown by the official tabulation between the leading 
candidate and the requesting candidate is 2% 1.5% or less of the total votes cast for 
that office, a deposit is not required. 
B.  If the percentage difference shown by the official tabulation between the leading 
candidate and the requesting candidate is more than 2% 1.5% and less than or equal 
to 4% of the total votes cast for that office, the deposit is $500. 
Sec. 30.  21-A MRSA §760-B, as amended by PL 2013, c. 457, §4, is further 
amended to read: 
§760-B.  Procedures when clerk processes absentee ballots prior to election day 
Any municipality or jurisdiction that conducts its own elections may opt to process 
absentee ballots on the beginning on the 4th day immediately prior to election day, except 
that processing on a Sunday is not permitted.  The clerk shall use the following procedure 
when processing the absentee ballots during this time. 
1.  Time for processing.  In a municipality that has opted to process absentee ballots 
on the day immediately one or more of the days prior to election day authorized by this 
section, the municipal clerk or the clerk's designees may process absentee ballots at the 
times designated by the clerk, between the hours of 9:00 a.m. and 9:00 p.m., except that if 
an inspection is requested pursuant to subsection 3, processing may not begin until after 
the inspection period has concluded. 
2.  Notice of early processing.  The clerk must give notice of the municipality's 
intent to process absentee ballots prior to election day using the notice of election under 
section 621-A, stating the time days and times that the clerk intends to begin processing 
absentee ballots and the inspection period provided in subsection 3.  At least 60 days 
before election day, the clerk shall provide a copy of the notice of election to the 
Secretary of State and the chairs of each political party of the municipality 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 or 
facsimile or as a scanned attachment to an e-mail address established by the Secretary of 
State.  If the notice is not received by the Secretary of State by 5:00 p.m. on the 60th day 
before election day, the municipality may not process absentee ballots prior to election 
day. 
3.  Inspection of absentee envelopes before processing.  A member of the public 
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 first day 
immediately that the clerk will process absentee ballots as specified on the notice of 
election prior to election day.  The clerk shall make the absentee ballot applications and 
envelopes received by that time available for public inspection for one hour before the 
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. 
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 challenging ballots are conducted in the 
same manner as election day or as close as practicable. 
4-A.  Tabulation of absentee ballots at state-designated central locations.  The 
Secretary of State may provide a high-speed ballot tabulator to be made available to any 
municipality at one or more state-designated central locations for the purpose of scanning 
and tabulating absentee ballots.  If a municipality opts to process absentee ballots using a 
high-speed ballot tabulator, the municipal clerk must apply to the Secretary of State for 
authorization.  The Secretary of State shall notify the municipal clerk in writing of the 
Secretary of State's authorization or denial of authorization to use a high-speed ballot 
tabulator and provide a designated time for the municipality to scan its ballots. 
A municipality authorized to scan absentee ballots at a state-designated central location 
must first open and process absentee ballots at the times and in the location within the 
municipality as designated in the notice of election and follow all procedures described in 
this section.  The absentee ballots once removed from their envelopes must be secured in 
locked and sealed containers before being transported to the state-designated central 
location.  The Secretary of State shall publish uniform guidelines for securing and 
transporting ballots and other materials under this subsection. 
5.  Counting and results prohibited before the polls close.  The absentee ballots 
may not be counted, voter intent may not be determined and election results may not be 
obtained or released until after the polls have closed on election day, and all election day 
ballots have been cast and all absentee ballots have been processed.  A municipality that 
uses a high-speed ballot tabulator pursuant to subsection 4-A receives results at the 
completion of the ballot scanning but may not view the results until after the polls close 
on election day. 
6.  Security of processed ballots and tabulating equipment.  At the conclusion of 
absentee ballot processing on the any day immediately prior to election day, the clerk 
shall ensure that the early processed absentee ballots are locked and sealed in the ballot 
box, automatic tabulating equipment ballot box or tamper-proof containers provided by 
the Secretary of State and secured in a vault or other locked secure location, until the 
voting resumes on election day or until the ballots are counted after the polls close.  The 
Secretary of State shall publish uniform guidelines for securing ballots and other 
materials under this section. 
Sec. 31.  21-A MRSA §777-A, as amended by PL 2011, c. 534, §21, is further 
amended to read: 
§777-A.  Registration and enrollment 
 Notwithstanding the registration deadline in section 121-A, uniformed service voters 
or overseas voters may register or enroll at any time prior to 5 p.m. on election day by 
completing a federal or state voter registration application form and filing it with the 
registrar or the Secretary of State in person, by mail or by electronic means authorized by 
the Secretary of State. 
Sec. 32.  21-A MRSA §781-A, as amended by PL 2011, c. 534, §22, is further 
amended to read: 
§781-A.  Absentee ballot application; procedure on receipt 
 Notwithstanding the absentee ballot application deadline in section 753-B, 
subsection 2, paragraph D, upon receipt of an application or written request for an 
absentee ballot prior to 5 p.m. on election day from a uniformed service voter or overseas 
voter that is accepted pursuant to section 753-A or section 783, the clerk or the Secretary 
of State shall immediately issue an absentee ballot and return envelope by the authorized 
means designated by the voter in the application.  If the ballot is to be transmitted to the 
voter by mail, the clerk or the Secretary of State shall type or write in ink the name and 
the residence address of the voter in the designated section of the return envelope.  The 
Secretary of State shall provide a return envelope that moves free of postage under 
federal law. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill makes the following changes to the election laws. 
1.  It adds a restriction that a registrar may not serve during an election when an 
immediate family member of the registrar is a candidate for federal office and clarifies 
the language regarding compensation.  The current restriction applies only to candidates 
for state, local or county offices. 
2.  It removes provisions regarding the use of a supplemental incoming voting list. 
3.  It clarifies the requirements for how a voter’s name and prior voting residence 
address must be provided on a voter registration application. 
4.  It updates the list of the outside agencies that must provide voter registration 
pursuant to the National Voter Registration Act of 1993.  
5.  It clarifies that an individual or organization is entitled to obtain voter registration 
data if that individual or organization is engaged in a "get out the vote" effort for a 
specific campaign. 
6.  It provides that when there is no candidate for a primary election office who has 
qualified by primary petition or as a declared write-in candidate, the Secretary of State is 
not required to list that office on the primary ballot. 
7.  It provides that the written acceptance for a replacement candidate must include a 
place for the registrar in the candidate’s municipality of residence to certify the 
candidate’s registration and enrollment status. 
8.  It changes the deadline for a candidate to withdraw and be replaced from 60 days 
to 70 days before the primary or general election. 
9.  It clarifies that a candidate may withdraw and be replaced if the candidate is 
incapacitated by a condition or injury and requires a certificate signed by a single licensed 
physician to accompany the withdrawal request.  Current law provides only for 
incapacitation due to an illness and requires a certificate signed by 2 licensed physicians. 
10.  It changes the deadline for a nonparty candidate for Vice President to withdraw 
and be replaced from 60 days to 70 days before the general election. 
11.  It provides that if a candidate or nominee for a federal or gubernatorial office 
withdraws less than 70 days before any election, the Secretary of State is not required to 
produce new ballots. 
12.  It adds the restriction that a municipal clerk may not serve as the supervisor of an 
election when a member of the municipal clerk's immediate family is a candidate for 
federal, state, county or local office. 
13.  It changes from 30 to 60 days prior to an election the date by which the 
municipal clerk must file a report that includes the voting place location, the poll opening 
time and the number of voting booths to be used. 
14.  It clarifies the voting procedure by combining the steps of checking voter names 
on the incoming voting list and giving the ballot to the voter in the same provision of law.  
It prohibits the practice of handing out the ballot at a separate location from the incoming 
voting list. 
15.  It clarifies that it is a violation of law to display, as well as distribute, campaign 
materials within 250 feet of the entrance to either the voting place or the registrar's office. 
16.  It provides that the Secretary of State may send a courier to a municipality that is 
late in filing an election return after the election and that the municipality must provide a 
certified copy of the return to the courier and reimburse the Secretary of State for the 
costs of the courier. 
17.  It extends the deadlines after an election by which the municipal clerk and the 
registrar of voters must complete updates to the central voter registration system. 
18.  It changes the filing deadline for a declaration of write-in candidacy from 45 
days to 60 days before the election. 
19.  It allows the Secretary of State, in agreement with the parties involved in a 
recount of a statewide office or referendum or an office or referendum that encompasses 
more than one county, to retrieve the ballots and conduct the recount in stages. 
20.  It clarifies the provision of law that provides that an apparent winning candidate 
may request a recount if the official tabulation of the vote communicated to the Governor 
shows that candidate as the losing candidate. 
21.  It lowers the threshold for requiring a deposit of $500 in order for a candidate to 
request a recount. 
22.  It provides that a municipality may opt to process absentee ballots as early as the 
4th day before the election.  It also authorizes the Secretary of State to make available 
high-speed ballot tabulators for absentee ballots and to allow a municipality to bring 
absentee ballots to a state-designated central location for tabulating by the high-speed 
ballot tabulators as long as security guidelines are properly followed. 
23.  It imposes a deadline of 5 p.m. on election day for a uniformed service or 
overseas voter to submit a voter registration application or absentee ballot request in 
order to qualify for a ballot for that election.