An Act To Strengthen Maine's Election Laws by Requiring Photographic Identification for the Purpose of Voting
Maine Legislature, Session 129, LD 0322
Committee Amendment CA_A_H94 (House)
Amends: 21-A MRSA §671, 21-A MRSA §671-A, 29-A MRSA §1410

COMMITTEE AMENDMENT it " 
to H.P. 247, L.D. 322, Bill, "An Act To 
Strengthen Maine's Election Laws by Requiring Photographic Identification for the 
Purpose of Voting" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Mandate preamble. This measure requires one or more local units of government 
to expand or modify activities so as to necessitate additional expenditures from local 
revenues but does not provide funding for at least 90% of those expenditures. Pursuant to 
the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to 
each House have determined it necessary to enact this measure.' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'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 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 6, 2020, 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. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A "to H.P. 247, L.D. 322 
Sec.~· 21-A MRSA §671, sub-§1-A is enacted to read: 
1-A. Voter known to election worker; verification of identitv. A voter 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 6, 
2020. 
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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A» to H.P. 247, L.D. 322 
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 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 
O 
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 paragraph, 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 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 
retum 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 !lumber of ballots that were not 
COMMITTEE AMENDMENT 
,, 
---. 
COMMITTEE AMENDMENT A 
"to H.P. 247, L.D. 322 
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. 
Sec. 5. Appropriations and allocations. The following appropriations and 
allocations are made. 
SECRETARY OF STATE, DEPARTMENT OF 
Bureau of Administrative Services and Corporations 0692 
Initiative: Provides funding to produce state identification cards, perform programming 
changes, generate provisional ballots and affidavits and conduct voter outreach. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2019-20 
$397,980 
$397,980 
2020-21 
$322,980 
$322,980 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment, which is the minority report of the committee, strikes and replaces 
the bill and adds a mandate preamble. The amendment requires that a voter provide proof 
of identity with photographic identification for the purpose of voting. The amendment 
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 of the election by presenting 
acceptable photographic identification, the ballot will be cast as a regular ballot. Through 
the general election of 2020, 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. Finally, the amendment 
requires the Secretary of State to provide, at no fee, nondriver identification cards to 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A" to H.P. 247, L.D. 322 
eligible persons who do not have another form of acceptable photographic identification 
to verify identity for the purpose of voting. 
The amendment adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/01/19 Mac 
LD322 
LR 158(02) 
An Act To Strengthen Maine's Election Laws by Requiring Photographic Identification for the 
Purpose of Voting 
Fiscal Note for Bill as Amended by Committee Amendment "A' (H ~9 q) 
Committee: Veterans and Legal Affairs 
1\ 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Exempted 
FY2019-20 
FY2020-21 
Net Cost (Savings) 
General Fund 
$397,980 
$322,980 
Highway Fund 
$300,000 
$150,000 
Appropriations/Allocations 
General Fund 
$397,980 
$322,980 
Revenue 
Highway Fund 
($300,000) 
($150,000) 
State Mandates 
Required Activity 
Establishes a provisional voting process requiring election officials to track 
provisional ballots and provisional ballot affidavits, complete a provisional ballot 
log and report the status of all provisional ballots to the Secretary of State. 
Projections 
Projections 
FY 2021-22 
FY2022-23 
$65,600 
$65,600 
$0 
$0 
$65,600 
$65,600 
$0 
$0 
Unit Affected 
Local Cost 
Municipality 
Moderate 
statewide 
Pursuant to the Mandate Preamble, the two-thirds vote of all members elected to each House exempts the State from 
the constitutional requirement to fund 90% of the additional costs. 
Fiscal Detail and Notes 
The bill includes General Fund appropriations to the Department of Secretary State of $3 97 ,9 80 in fiscal year 2019-20 
and $322,980 in fiscal year 2020-21 to produce state identification cards, perform programming changes, generate 
provisional ballots and affidavits and conduct voter outreach. 
Highway Fund revenue would be reduced by $300,000 in fiscal year 2019-20 and $150,000 in fiscal year 2020-21 as a 
result of issuing free nondriver identification cards to any individual who needed a card to vote. 
LR0158(02)- Fiscal Note - Page 1 of 1