An Act To
Maine Legislature, Session 129, LD 1903
Committee Amendment CA_A_S409 (Senate)
Amends: 21-A MRSA §683, 21-A MRSA §753-B

COMMITTEE AMENDMENT " ft" to S.P. 655, L.D. 1903, Bill, "An Act To 
Amend the Laws Governing Activities at or near the Polls on Election Day" 
Amend the bill by striking out all of section 5 and inserting the following: 
'Sec. 5. 21-A MRSA §683 is enacted to read: 
§683. Restricted activities on election day 
This section governs the activities that are prohibited or permitted at the voting place 
on election day. 
1. Campaign-free zone. On election day. the area within the voting place and on 
public property within a radius of 150 feet outside the entrance to the voting place is 
designated as a campaign-free zone. Within the zone. a person may not influence or 
attempt to influence another person's decision regarding any candidate or question on the 
ballot in that election year. 
A. Within the zone described in this subsection a person may not engage in any of 
the following activities relating to a party or to a candidate or question on the ballot 
in that election year: 
(1) The instruction of a voter in the method of marking the ballot. except as 
provided in section 672; 
(2) The display or distribution of any advertising material or operation of any 
advertising medium, including a sound amplification device or an audio feature 
on any mobile telephone or other handheld electronic device. For purposes of 
this subparagraph. "sound amplification device" includes. but is not limited to. 
sound trucks, loudspeakers and blowhorns; 
(3) 
The display or distribution of campaign literature. posters, palm cards, 
buttons, badges or stickers; 
(4) The solicitation or acceptance of contributions for a campaign as defined in 
section 1052, subsection 1 or for the purpose of qualifying a Maine Clean 
COMMITTEE AMENDMENT 
I 
', ':~i· 
COMMITTEE AMENDMENT" /0\ "to S.P. 655, L.D. 1903 ( 
1~,- C(ti '1.) 
Election Act candidate pursuant to section 1125. 
For purposes of this 
subparagraph, "contribution" includes a contribution as defined in section 1012. 
subsection 2 and a contribution described in section 1052, subsection 3, whether 
mad~e~t~ a political action committee or to a ballot question committee; 
(5) The collection of signatures on nominating petitions; or 
( 6) 
Communication orally or in written form with voters in a manner that 
expresses support for or opposition to a party, a candidate or a question. 
B. Notwithstanding paragraph A. the following activities are permitted within the 
zone described in this subsection: 
(1) The display of advertising material on an automobile transporting a voter to 
or from the voting place for the purpose of voting: 
(2) The wearing of clothing. a campaign button or a hat that displays the name of 
a candidate or an advertising or campaign message by a voter who is at the polls 
solely for the purpose of voting. as long as the message does not expressly 
advocate for the passage or defeat of any question or election or defeat of any 
candi~ate for an office that is on the ballot for the election that day: 
(3) Exit polling, except that a person conducting a poll may not approach or 
communicate orally with any voter until after the voter has voted: and 
( 4) The greeting of voters by a candidate, or no more than one representative of a 
candidate, as long as the candidate or candidate's representative does not state the 
name of the office the candidate is seeking in that election year or wear any 
button. name tag or apparel displaying the candidate's name or the name of the 
office sought or otherwise express support for or opposition to a party. a 
candidate or_a_guestion. 
2. Petitioning activity. To the extent space is available within the campaign-free 
zone described in subsection 1, the warden may assign spaces to persons or organizations 
for activities related to the collection of signatures of registered voters only on a petition 
to qualify a measure for the ballot at a future election. For purposes of this section, 
"petition" means a petition for the direct initiative of legislation or a people's veto 
referendum on a form issued by the Secretary of State pursuant to section 901 or a 
petition to qualify a municipal referendum question for the ballot in accordance with Title 
30-A, section 2522 or Title 30-A. section 2528, subsection 5 or a municipal charter or 
ordinance. The warden may limit the number of persons who may occupy each assigned 
space. Persons wishing to engage in activities at the voting place under this subsection 
must make arrangements with the clerk before election day or with the warden on 
election day. The clerk and the warden may not unreasonably deny requests for space to 
conduct these activities. Persons permitted to collect signatures under this subsection 
may not solicit a voter's signature until after the voter has completed voting. 
3. Free passage of voters. A person may not interfere with the free passage of 
voters to or from the voting place. 
4. Enforcement. The warden may direct the removal from the voting place of any 
person who does not comply with the requirements of this~ section. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" f:t "to S.P. 655, L.D. 1903 l ':) · l..! D "I) 
5. Public property limited. For purposes of this section. "public property" does not 
include a public right-of-way across privately owned property if it is an easement right-
of-way,_ 
6. Secretary of State guidelines. The Secretary of State shall issue interpretive 
guidelines under this section for use by local election officials, candidates. campaigns and 
the public in state and federal elections.' 
Amend the bill by inserting after section 6 the following: 
'Sec. 7. 21-A MRSA §753-B, sub-§8, as amended by PL 2011, c. 399, §24, is 
further amended to read: 
8. Absentee voting in presence of clerk. A person who wishes to vote by absentee 
ballot may, without completing an application, vote by absentee ballot in the presence of 
the clerk, except as provided in subsection 2. The method of voting is otherwise as 
prescribed in this article. After the person has voted, the clerk shall sign the affidavit on 
the return envelope as a witness, indicate on the envelope that the voter voted in the 
presence of a clerk and ensure that the affidavit on the return envelope is properly 
completed by the voter. For the 45 days prsosding an slsotion, daring During the hours 
when the clerk's office is open and may be oonduoting absentee voting may take place, 
the display or distribution of any ad11ertising material intended to influenoe a voter's 
deoision regarding a oandidate or question on the ballot for that eleotion is prohibited 
within the olerk's offioe and on publio property within 250 feet of the entranoe to the 
building in vmioh the olsrk's offios is looatsd provisions of section 683. subsections 1, 3, 
and 6 apply and the clerk may direct the removal from the clerk's office of any person 
who does not comply with the requirements of section 683. subsections 1 and 3. 
This subseotion does not apply to the display or distribution of any oampaign ad•;ertising 
material on private property that is within 250 feet of the entranoe to the building in 
,vhioh the olsrk's offios is looatsd. For purposes of this ssotion, "private property" 
inoludes privately 01,•med property sub:jeot to a publio right of way that is an easement 
right of way. 
This subseotion does not apply to oampaign advertising material on automobiles traveling 
to and from the mun.-ioipal offioe or parked on munioipal property vvhile the oooupants are 
visiting the munioipal offios to oonduot munioipal business. It doss not prohibit a person 
v,rho is at the munioipal offioe for the purpose of oonduoting munioipal business or for 
absentee voting from v;saring a oampaign button when tho longest dimension of the 
button does not e¾!:oeed 3 inohes.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment, which is the majority report of the committee, makes the following 
changes to the bill's restrictions on signature gathering and other activities at voting 
places. 
1. It clarifies that the restrictions in the bill apply to the voting place on election day 
and also to municipal clerks' offices when absentee voting may take place. 
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COMMITTEE AMENDMENT" ;q "to S.P. 655, L.D. 1903 ( 
2. It removes the portion of the bill that requires a 6-foot-wide access corridor from 
the entrance of the voting place to the guardrail enclosure where voting takes place. 
3. It clarifies that, when persons or organizations request space to conduct activities 
related to the collection of signatures on a petition to qualify a measure for the ballot at a 
future election, the clerk and the warden may not unreasonably deny those requests. In 
addition, it clarifies that those requests may be made on the day of the election. 
4. It adds cross-references to the definitions of "contribution" applicable to candidate 
campaigns and to ballot question campaigns to clarify the types of contributions that may 
not be collected within the campaign-free zone at a voting place on election day or within 
the campaign-free zone at a municipal clerk's office when absentee voting may take 
place. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/18/20 frac 
LD 1903 
LR 2918(02) 
An Act To Amend the Laws Governing Activities at or near the Polls on Election Day 
Fiscal Note for Bill as Amended by Committee Amendment "A-' (5-1.,,;ocr) 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Department of Secretary of State associated with issuing guidelines can be absorbed within 
existing budgeted resources. 
LR29 l 8(02) - Fiscal Note - Page 1 of 1