An Act Regarding Absentee Voting by Residents of Nursing Homes and Other Residential Care Facilities
Maine Legislature, Session 128, LD 1204
Committee: Veterans and Legal Affairs
Sponsors: TIMBERLAKE, MASON, DILLINGHAM, PARRY, SIROCKI, WINSOR, JACKSON
Amends: 21-A MRSA §753-B

Legislative Document
No. 1204
H.P. 840
House of Representatives, March 28, 2017
An Act Regarding Absentee Voting by Residents of Nursing Homes 
and Other Residential Care Facilities
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative TIMBERLAKE of Turner.
Cosponsored by Senator MASON of Androscoggin and
Representatives: DILLINGHAM of Oxford, PARRY of Arundel, SIROCKI of Scarborough, 
WINSOR of Norway, Senator: JACKSON of Aroostook.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  21-A MRSA §753-B, sub-§2, ¶B-1 is enacted to read: 
B-1.  To an immediate family member or to a 3rd person for a voter who has granted 
power of attorney to another and who is receiving medical care due to dementia and 
is a resident of a nursing home, a residential care facility or an assisted housing 
program as described in subsection 5, without the consent of the person who has been 
granted power of attorney for the voter; 
Sec. 2.  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 clerk may not provide an absentee 
ballot to a voter who has granted power of attorney to another and who is receiving 
medical care due to dementia and is a resident of a facility described in this subsection 
without the consent of the person who has been granted power of attorney.  The licensed 
residential care facilities or assisted housing programs referred to in this subsection are 
those that are licensed to have 6 or more beds.  The clerk shall designate which areas in 
these facilities constitute the voting place, the voting booth and the guardrail enclosure.  
Sections 681 and 682 apply to voting in these facilities within the areas designated by the 
clerk. 
SUMMARY 
This bill amends the law governing the issuance of absentee ballots to a voter who is 
a resident of a nursing home, a residential care facility or an assisted housing program.  
The bill prohibits a municipal clerk from issuing an absentee ballot to an immediate 
family member or a 3rd person for a voter who has granted another person power of 
attorney and who is receiving medical care due to dementia unless the clerk acquires the 
consent of the person who has been granted power of attorney.  The bill also prohibits a 
municipal clerk, when facilitating absentee voting at a nursing home, a residential care 
facility or an assisted housing program, from issuing an absentee ballot to a voter who has 
granted power of attorney to another person and who is receiving medical care due to 
dementia unless the clerk acquires the consent of the person who has been granted power 
of attorney.