An Act Regarding Absentee Voting by Residents of Nursing Homes and Other Residential Care Facilities
Maine Legislature, Session 128, LD 1204
Committee Amendment CA_A_H494 (House)
Amends: 21-A MRSA §753-B

COMMITTEE AMENDMENT ,Ji" to H.P. 840, L.D. 1204, Bill, "An Act 
Regarding Absentee Voting by Residents of Nursing Homes and Other Residential Care 
Facilities" 
Amend the bill by striking out everything after the enacting clause and before the 
summaty and inserting the following: 
'Sec. 1. 21-A MRSA §753-B, sub-§5, as amended by PL 2011, c. 534, §20, is 
further amended to read: 
5. Alternate method of balloting by residents of certain licensed facilities. The 
municipal clerk shall designate one or more times during the 30-day period prior to an 
election during which the municipal clerk shall be present in each licensed nursing home 
subject to the provisions of Title 22, chapter 405; licensed residential care facility subject 
to the provisions of Title 22, chapter 1664; and assisted housing program subject to the 
provisions of Title 22, chapter 1664, in the municipality for the purpose of conducting 
absentee voting by residents of these facilities. The licensed residential care facilities or 
assisted housing programs referred to in this subsection are those that are licensed to have 
or more beds. The clerk shall designate which areas in these facilities constitute the 
voting place, the voting booth and the guardrail enclosure. The clerk shall post a notice 
in the municipal office that absentee voting will be conducted as prescribed in this 
subsection. The clerk shall provide a notice to each licensed facility of the date and time 
when absentee voting will be conducted. The notice must state that the licensed facility is 
required to notify the contact person or persons, if any, for each resident that absentee 
voting will be conducted. Each licensed facility must provide notice, which may be in 
the form of an e-mail or an electronic newsletter, to the contact person or persons, if any, 
for each resident of the date and tinte when absentee voting will be conducted at the 
facility. 
Sections 681 and 682 apply to voting in these facilities within the areas 
designated by the clerk.' 
COMMITTEE AMENDMENT 
COMMIITEE AMENDMENT "A" to H.P. 840, L.D. 1204 
SUMMARY 
This amendment replaces the bill, which proposes to prohibit the issuance of absentee 
ballots at nursing and residential care facilities to certain residents who have granted 
another person power of attorney in the absence of consent of that person who has been 
granted power of attorney. The amendment instead requires that the municipal clerk post 
notice of the date and time when absentee voting will be conducted at a licensed facility 
and requires the licensed facility to notify the contact person or persons, if any, for each 
resident at the facility that absentee voting will be conducted. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/24/17 feac:.. 
LD 1204 
LR685(02) 
An Act Regarding Absentee Voting by Residents of Nursing Homes and Other Residential Care 
Facilities 
Fiscal Note for Bill as Amended by Committee Amendment '{f C f-1 · 4q 4) 
Committee: Veterans and Legal Affairs 
State Mandates 
Required Activity 
Fiscal Note Required: Yes 
Fiscal Note 
Potential State Mandate - Unfunded 
Requires clerks to provide to each licensed facility a notice of the date and time 
when absentee voting will be conducted. 
Unit Affected 
Local Cost 
Municipality 
Insignificant 
statewide 
The required local activities in this bill may represent a state mandate pursuant to the Constitution of Maine. If the bill 
does require a local unit of govermnent to expand or modify its activities so as to necessitate additional expenditures 
from local revenue, the state mandate provisions of the Constitution of Maine require either: (1) General Fund 
appropriations be provided to fund at least 90% of any additional necessitated local costs of the mandate; or (2) a 
Mandate Preamble be added to the bill and two-thirds of the members of each House vote to exempt the mandate from 
the funding requirement. If the bill does represent a state mandate and neither one of these actions occurs, the local 
units of government will not be required to implement the mandated activities. 
LR0685(02) - Fiscal Note - Page 1 of 1