An Act To
Maine Legislature, Session 129, LD 0514
Committee Amendment CA_A_H93 (House)
Amends: 21-A MRSA §503, 21-A MRSA §503-A, 21-A MRSA §631, 30-A MRSA §2528

COMMITTEE AMENDMENT ·A" to H.P. 371, L.D. 514, Bill, "An Act To 
Amend the Laws Governing the Political Party Representation of Election Clerks" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 21-A MRSA §503, as amended by PL 2013, c. 131, §14, is repealed. 
Sec. 2. 21-A MRSA §503-A is enacted to read: 
§503-A. Election clerks 
Election clerks are governed by the following provisions. 
1. Qualifications; compensation. Election clerks must be at least 18 years of age, 
must be registered to vote and must be residents of the municipality or the county in 
which they serve, except that residents of a municipality or county who are 17 years of 
age and who are conditionally registered to vote pursuant to section 155 also qualify to 
serve as election clerks. Election clerks are entitled to reasonable compensation as 
determined by the municipal officers. 
2. 
Nomination. All nominations for election clerks must be submitted to the 
municipal officers by April 1st of each general election year. Nominations may be 
submitted by the municipal, county or state committees of the parties, by the municipal 
clerk or by any registered voter in the municipality or county. 
3. Appointment. The municipal officers shall appoint election clerks by May 1st of 
each general election year to serve at each voting place during the time the polls are open 
and as counters after the polls close. In :making the appointments, the municipal officers 
shall consider all nominations received by April 1st but may appoint any qualified voters. 
The municipal officers shall appoint a sufficient number of election clerks to meet the 
requirements of subsections 4 and 5. A list of the election clerks appointed under this 
subsection must be posted at each voting place for each election during the 2-year term 
following appointment. For each election, the municipal clerk shall select the election 
clerks from the list of appointees and assign their duties. 
COMMITTEE AMENDMENT 
-/'.t'<) 
. ,·ti, 
) 
. 
.,,!,.., 
COMMITTEE AMENDMENT ·A" to H.P. 37i, L.D. 514 
4. Minimum number of election clerks. There must be at least 2 election clerks, 
one from each of the major parties, selected from the list of appointees to serve at each 
voting place during the entire time the polls are open and as counters after the polls close. 
The municipal clerk may select additional election clerks for each voting place as needed 
in accordance with subsection 5. 
5. Selection of additional clerks; representation of parties. If a municipality 
requires more election clerks than the minimum number prescribed in subsection 4, the 
municipal clerk must select additional election clerks from the list of appointees to work 
at each election as follows. 
A. The number of election clerks selected from one major party may not exceed the 
number of election clerks from another major party by more than one. 
B. The number of election clerks selected from the major parties must comprise at 
least half of the total number of election clerks selected. The remaining number of 
election clerks may be enrolled in a minor party or may be unenrolled. 
C. If the municipal officers did not appoint a sufficient number of election clerks 
representing the major parties or there is an insufficient number of appointees from 
the major parties who are available to serve at an election, the municipal clerk may 
select as many election clerks from minor parties or who are unenrolled as needed to 
serve at that election. 
6. Vacancies. Notwithstanding subsection 5, if a sufficient number of appointed 
election clerks are not available to serve on election day, the municipal clerk may appoint 
the necessary number of election clerks, without regard to party affiliation, to fill the 
vacancies at that election. 
· 
· 
7. Oath of office. Before assuming the duties of office, election clerks are sworn by 
the municipal clerk or the warden, and the oath is recorded. 
8. Term of office. An election clerk holds office for 2 years from the date of 
appointment and until a successor is appointed and qualified. 
9. Duties. Election clerks shall attend the voting places for which they are appointed 
at each election during the time the polls are open or during the counting of the ballots 
after the polls close, as required by the terms of their appointment. They are under the 
direction of the warden and shall assist the warden as requested. 
Sec. 3. 21-A MRSA §631, sub-§3, as enacted by PL 1985, c. 161, §6, is amended 
to read: 
3. Appointment of wardens and ward clerks. At least 10 days before the election, 
the municipal officers shall appoint a warden, a ward clerk in a city and at least 2 election 
clerks for each voting place created by the division. Election clerks must be nominated as 
provided in section~ 503-A. 
Sec. 4. 30-A MRSA §2528, sub~§S, as enacted by PL 1987, c. 737, Pt. A, §2 and 
Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is 
further amended to read: 
8. Ballot clerks. Before the polls are opened, the selectmen municipal officers shall 
appoint the necessary number of ballot clerks as provided in Title 21-A, section ~ 
COMMITTEE AMENDMENT 
. '.,'i 
COMMITTEEAMENDMENT"A'toH.P. 371,L.D. 514 
503-A. When there are vacancies after the polls are opened, the moderator shall appoint 
replacement clerks. The ballot clerks shall must be sworn before assuming their duties. 
A. On election day, before the polls are opened, the clerk shall deliver the ballots to 
the ballot clerks and shall post an instruction card at each voting compartment and at 
least 3 instruction cards and 5 specimen ballots in the voting room outside the 
guardrail enclosure. 
B. The ballot clerks shall give a receipt to the clerk for the ballots received by them. 
The clerk shall keep the receipt in the clerk's office for 6 months. 
C. Ballots may not be delivered to. the voters until the moderator has been elected. 
The moderator may appoint a qualified person to act as temporary moderator during a 
temporary absence from the polling place. 
D. The selectmen municipal officei·s shall prepare a duplicate incoming voting list 
for the use of the ballot clerks. The law pertaining to incoming voting lists applies 
equally to duplicate incoming voting lists.' 
SUMMARY 
This amendment, which is the majority report of the committee, strikes and replaces 
the bill, which requires election clerks in a municipality to be selected so that 33% of 
clerks are from one major party, 33% are from another major party and 34% are selected 
without regard to party enrollment. This amendment amends the process for selection of 
election clerks and clarifies other provisions regarding election clerks. 
Specifically, the amendment retains' the provision in current law allowing parties to 
nominate election clerks but also allows the municipal clerk or any registered voter to 
make nominations. Like current law, the amendment directs timely consideration of 
nominations but does not require municipal officers to appoint the election clet1cs from 
among nominees and instead allows them to appoint any qualified voter. Under the 
amendment, the minimum requirement is 2 election clerks at each voting place, one each 
from the 2 major parties. The amendment requires that at least 1/2 of the election clerks 
working at any election are affiliated with the major patties, and the rest of the election 
clerks may be affiliated with a minor party or be unenrolled. 
The amendment also provides that if the municipal officers do not appoint a sufficient 
number of election clerks representing· the major parties or an insufficient number of 
appointees are available to serve from the list provided by municipal officers, the 
municipal clerk may appoint additional election clerks without regard to party enrollment 
status. 
Page J-129LR0903(02)-1 
COMMITTEE AMENDMENT