An Act To Require the Provision of Photographic Identification by Voters
Maine Legislature, Session 128, LD 1846
Committee: Veterans and Legal Affairs
Sponsors: FARRIN, WHITTEMORE, FREDETTE, COLLINS, MASON, THIBODEAU
Amends: 21-A MRSA §671, 21-A MRSA §671-A, 29-A MRSA §1410

Legislative Document
No. 1846
H.P. 1283
House of Representatives, February 27, 2018
An Act To Require the Provision of Photographic Identification by 
Voters
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative FARRIN of Norridgewock.  (GOVERNOR'S BILL)
Cosponsored by Senator WHITTEMORE of Somerset and
Representative: FREDETTE of Newport, Senators: COLLINS of York, MASON of 
Androscoggin, President THIBODEAU of Waldo.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  21-A MRSA §671, sub-§1, as amended by PL 2005, c. 453, §55, is 
further amended to read:
1.  Name announced; proof of identity.  A voter person who wishes to vote must 
state the voter's name and present proof of identity in the form of a photographic 
identification document and, upon request, state the voter's residence address to an 
election clerk, who shall announce the name in a loud, clear voice.  Photographic 
identification required by this subsection must be an official identification document or 
card issued by a state, the Federal Government or a college or university located in the 
State, or an electronic benefits transfer card under Title 22, chapter 1, subchapter 1-A that 
displays an identifying photograph, and may not be expired.  An election worker may use 
the photographic identification required by this subsection solely for the purpose of 
verifying the identity of the person who wishes to vote.  If a person who wishes to vote 
does not present photographic identification, that person must be permitted to cast a 
provisional ballot as provided by section 671-A.  Before November 9, 2018, the identity 
of a person who does not present photographic proof of identity but is known to an 
election worker, as defined in subsection 1-A, at the voting place may be verified as 
provided in subsection 1-A.
Sec. 2.  21-A MRSA §671, sub-§1-A is enacted to read:
1-A.  Voter known to election worker; verification of identity.  A person who does 
not provide photographic identification on election day as required by subsection 1 and is 
known to an election worker at the voting place may be issued a ballot after completion 
and signing of an affidavit by the election worker.  The affidavit must be in a form 
prescribed by the Secretary of State and must be written to indicate that the election 
worker can personally attest to the identity of the voter.  The election worker may issue 
the voter a ballot after the election worker who can attest to the identity of the voter has 
signed the affidavit. For the purposes of this subsection, "election worker" includes a 
municipal clerk, registrar and election official.
This subsection is repealed November 9, 2018.
Sec. 3.  21-A MRSA §671-A is enacted to read:
§671-A.  Provisional voting
A person who has not provided photographic identification as required by section 
671, subsection 1 and has not had the person's identity verified by affidavit as provided in 
section 671, subsection 1-A must be permitted to cast a provisional ballot as follows.
1.  Provisional ballot affidavit.  In order to cast a provisional ballot under this 
section, a person must complete and sign a provisional ballot affidavit, swearing to or 
affirming that that person is the person that person claims to be on the incoming voting 
list. The provisional ballot affidavit must be on a form designed by the Secretary of State 
and must include, at a minimum, the person's name, address, party affiliation, if any, and 
reason that the person was not able to provide photographic proof of identity.
2.  Provisional ballot and provisional ballot envelope issued.  As soon as the 
provisional ballot affidavit form under subsection 1 has been completed, the election 
clerk in charge of ballots shall give a provisional ballot and a provisional ballot envelope 
to the warden. The warden shall write a provisional ballot number on the affidavit form 
and the provisional ballot envelope and give the ballot and envelope to the voter. The 
warden also shall give the voter a notice about provisional voting, on a form designed by 
the Secretary of State, that includes the provisional ballot number assigned to the voter's 
ballot.  The form must clearly state that the person who wishes to vote has 3 business 
days to provide the municipal clerk, deputy clerk, warden or election clerk photographic 
proof of identity as prescribed in section 671, subsection 1 in order for the provisional 
ballot to be counted.
3.  Proceed to vote.  After a voter marks the provisional ballot under subsection 2, 
the voter shall seal it in the provisional ballot envelope and return it to the warden.
4.  Provisional ballots segregated and logged.  The warden shall place a provisional 
ballot envelope containing a provisional ballot completed under this section in a 
tamper-proof container until the identity of the person marking the ballot can be verified 
by photographic identification as required by section 671, subsection 1. The warden also 
shall complete a provisional ballot log, on a form provided by the Secretary of State, that 
indicates for each provisional ballot the name of the voter, the provisional ballot number 
and a notation of whether the provisional ballot was resolved and cast. The sealed 
tamper-proof containers of provisional ballots that are not resolved must be returned to 
the municipal clerk after the polls are closed.  Provisional ballot affidavits and the 
provisional ballot log form must be sealed in tamper-proof containers separately from the 
provisional ballots and returned to the municipal clerk.
5.  Resolution and counting of provisional ballots.  When a provisional ballot is 
cast under this section, the municipal clerk or registrar shall proceed as follows.
A.  If the identity of a person casting a provisional ballot under this section is verified 
upon presentation of acceptable photographic identification by the close of the polls 
on election day, the clerk or registrar shall designate on the provisional ballot log 
under subsection 4 that the provisional ballot was accepted. The warden shall remove 
the provisional ballot from the sealed provisional ballot envelope and place it into the 
ballot box or tabulator to be counted with the other ballots after the polls close. The 
election clerk in charge of the incoming voting list shall annotate the incoming voting 
list to indicate that the voter voted.
B.  If the identity of a person casting a provisional ballot under this section is verified 
upon presentation of acceptable photographic identification after the close of the polls 
on election day, but not later than the 3rd business day after the election, the clerk or 
registrar shall designate on the provisional ballot log under subsection 4 that the 
provisional ballot was accepted. The clerk or registrar, in the presence of one or more 
witnesses, shall remove the provisional ballot from the sealed provisional ballot 
envelope and place it into a ballot box in a manner that preserves the secrecy of the 
vote. After all accepted provisional ballots have been placed into the ballot box, the 
clerk or registrar shall remove and count the provisional ballots in the same manner 
as regular ballots. After the incoming voting list is unsealed following the election, 
the clerk or registrar shall annotate the list to add the names and addresses of the 
voters under this subsection, along with an indication that the voters voted.
C.  If a person casting a provisional ballot under this section has not presented 
photographic identification acceptable to verify the person's identity within 3 
business days after the election, the clerk or registrar shall write "rejected" on the 
provisional ballot envelope and return the unopened envelope to the tamper-proof 
container. The clerk or registrar shall update the provisional ballot log under 
subsection 4 to indicate the ballot was rejected.
D.  Rejected provisional ballots, provisional ballot affidavits and the provisional 
ballot logs must be maintained as provided by section 23, subsection 7.
6.  Report to Secretary of State.  No later than 3 business days after an election, the 
clerk shall report the status of all provisional ballots of the municipality under this section 
to the Secretary of State by providing a copy of the provisional ballot log under 
subsection 4. In addition to annotating the provisional ballot log to indicate whether 
provisional ballots were accepted or rejected, the clerk shall update the municipality's 
return of votes cast to include the votes cast by all provisional voters who presented 
acceptable photographic identification.
7.  Secretary of State to make status available.  Within 20 days after an election, 
the Secretary of State shall make available on the Secretary of State's publicly accessible 
website the total number of provisional ballots under this section for that election, 
including the number of ballots that were counted and the number of ballots that were not 
counted.  For a ballot that was not counted, the reason the ballot was not counted must be 
included.
Sec. 4.  29-A MRSA §1410, sub-§12 is enacted to read:
12.  Identification cards for the purpose of voting.  A person who submits an 
application for a nondriver identification card is not required to pay the fee required by 
subsection 2 if the person attests in the application that:
A.  The person does not have photographic identification acceptable for the 
verification of the person's identity for the purpose of voting as required by Title 
21-A, section 671, subsection 1; and 
B.  The person is applying for a nondriver identification card solely for the purpose of 
voting.
SUMMARY
This bill requires that a voter provide proof of identity with photographic 
identification for the purpose of voting.  The bill specifies the types of photographic 
identification that may be used to verify the identity of a voter.  It provides that a person 
who does not present photographic identification may cast a provisional ballot and 
establishes the process for provisional voting.  Under this process, if the person can verify 
the person's identity to the municipal clerk, deputy clerk or warden or an election clerk 
within 3 business days after the election by presenting acceptable photographic 
identification, the ballot will be cast as a regular ballot. Through the general election of 
2018, a person who does not present acceptable photographic identification but is known 
to a municipal clerk, registrar or election official at the voting place may cast a regular 
ballot upon submission of an affidavit by the municipal clerk, registrar or election official 
attesting to the person's identity.  The bill requires that provisional ballots must be 
retained in tamper-proof containers separately from provisional ballot affidavits and the 
provisional ballot log and that rejected provisional ballots, provisional ballot logs and 
provisional ballot affidavits must be retained in the same manner as regular ballots and 
election materials.  Finally, the bill requires the Secretary of State to provide, without a 
fee, nondriver identification cards to eligible persons who do not have another form of 
acceptable photographic identification to verify identity for the purpose of voting.