An Act To Require Election Transparency and Audits
Maine Legislature, Session 128, LD 1284
Committee: Veterans and Legal Affairs
Sponsors: BELLOWS, HICKMAN, CARPENTER, MASON, SAVIELLO, VOLK, FARRIN, GOLDEN, LUCHINI
Amends: 21-A MRSA §610

Legislative Document
No. 1284
S.P. 436
In Senate, April 4, 2017
An Act To Require Election Transparency and Audits
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator BELLOWS of Kennebec.
Cosponsored by Representative HICKMAN of Winthrop and
Senators: CARPENTER of Aroostook, MASON of Androscoggin, SAVIELLO of Franklin, 
VOLK of Cumberland, Representatives: CASÁS of Rockport, FARRIN of Norridgewock, 
GOLDEN of Lewiston, LUCHINI of Ellsworth.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  21-A MRSA §610 is enacted to read: 
§610.  Election transparency 
1.  Transparency of election procedures.  The Secretary of State shall publish a 
guide to election procedures for public distribution and revise the guide annually to 
reflect current law, rules and procedures regarding elections.  The guide must describe: 
A.  Rules regarding polling places and the conduct of elections; 
B.  Devices and software used to capture, interpret or tally votes and the capabilities 
and deployment of the devices and software; 
C.  Duties of election officials on, before and after election day; 
D.  Opportunities for citizens to monitor election procedures; and 
E.  Other election laws, rules or procedures that the Secretary of State determines 
appropriate for the public interest. 
2.  Duties of election officials.  For each election, an election official shall complete 
and return to the Secretary of State: 
A.  A completed checklist of election procedures for the election official’s voting 
place; and 
B.  A ballot reconciliation form that accounts for ballots delivered, ballots voted, 
absentee ballots mailed and returned, spoiled ballots, unused ballots, challenged 
ballots and ballots unaccounted for. 
Each completed form required under this subsection must be signed by the municipal 
clerk and one other election official. The Secretary of State shall provide the forms 
required under this subsection and direct the manner in which the forms must be 
completed and returned to the Secretary of State. 
3.  Election complaints.  The Secretary of State shall develop an election complaint 
process that an election official and the public can use to report excessive wait times, 
noncompliance with election procedures or other concerns about the election process.  
Instructions for filing a complaint under this subsection must be included in the guide to 
election procedures under subsection 1 and posted at all polling places.  The Secretary of 
State shall keep a record of and make public each complaint received under this 
subsection and any action taken in response to that complaint. 
4.  Maintenance of central voter registration system.  The Secretary of State shall 
routinely monitor the central voter registration system and, at least once every 2 years, 
use the best means available to identify and resolve instances of a person registered in the 
system who is: 
A.  Registered in more than one municipality in the State; 
B.  Registered or has voted in another state; 
C.  Not a citizen of the United States; or 
D.  Deceased. 
5.  Election report.  Within 12 months after a general election, the Secretary of State 
shall submit a report to the Legislature that includes for all elections since the prior 
general election: 
A.  A summary of all forms submitted under subsection 2; 
B.  A summary of all election complaints under subsection 3; 
C.  A summary of voters removed from the central voter registration system under 
subsection 4; 
D.  A summary of any recounts conducted, including a description of any 
discrepancies in vote totals and explanations for discrepancies when available; and 
E.  Recommendations for the remedy of any problems identified in the election 
process at the state or local level. 
6.  Rules.  The Secretary of State may adopt routine technical rules as defined in Title 
5, chapter 375, subchapter 2-A to carry out the purposes of this section. 
Sec. 2.  Deadline for publishing guide to election procedures.  The Secretary 
of State shall publish a guide to election procedures pursuant to the Maine Revised 
Statutes, Title 21-A, section 610, subsection 1 no later than December 2, 2018. 
Sec. 3.  Secretary of State to develop pilot program for risk-limiting post-
election audits.  The Secretary of State shall conduct a study and develop a pilot 
program for conducting a post-election audit based on statistical principles designed to 
limit the risk that election returns may produce an incorrect outcome and by December 2, 
2021 submit a report based upon the study with any recommended legislation to the joint 
standing committee of the Legislature having jurisdiction over veterans and legal affairs.  
The joint standing committee may report out a bill based upon the report to the Second 
Regular Session of the 130th Legislature. 
SUMMARY 
This bill requires the Secretary of State to: 
1.  Publish a guide to election procedures for public distribution and revise the guide 
annually to reflect current law, rules and procedures regarding elections; 
2.  Provide local election procedure and ballot reconciliation forms for local election 
officials to complete; 
3.  Develop an election complaint process; 
4.  Routinely monitor the central voter registration system; 
5.  Report to the Legislature on certain election issues within 12 months of a general 
election; and 
6.  Develop a pilot program for conducting a post-election audit.