An Act To Create an Automatic Voter Registration System
Maine Legislature, Session 129, LD 1463
Committee: Veterans and Legal Affairs
Sponsors: GIDEON, CLOUTIER, KESSLER, O'NEIL, TALBOT ROSS, BELLOWS, CHENETTE, LUCHINI, ACKLEY, BICKFORD, HICKMAN, JORGENSEN, SCHNECK, DOW, JACKSON, MOORE
Amends: 21-A MRSA §122-A, 21-A MRSA §129, 21-A MRSA §152, 21-A MRSA §155, 21-A MRSA §195

Legislative Document
No. 1463
H.P. 1070
House of Representatives, April 2, 2019
An Act To Create an Automatic Voter Registration System
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Speaker GIDEON of Freeport.
Cosponsored by Representatives: CLOUTIER of Lewiston, KESSLER of South Portland, 
O'NEIL of Saco, TALBOT ROSS of Portland, Senators: BELLOWS of Kennebec, 
CHENETTE of York, Senator LUCHINI of Hancock and Representatives: ACKLEY of 
Monmouth, BICKFORD of Auburn, HICKMAN of Winthrop, JORGENSEN of Portland, 
SCHNECK of Bangor, Senators: DOW of Lincoln, President JACKSON of Aroostook, 
MOORE of Washington.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  21-A MRSA §122-A, as enacted by PL 2005, c. 364, §4, is amended to 
read:
§122-A.  Alternative registration procedure for participants in Address 
Confidentiality Program
Notwithstanding sections 122 and 152 and subchapter 9, a person who is certified by 
the Secretary of State as a program participant in the Address Confidentiality Program 
pursuant to Title 5, section 90-B may register to vote using the designated address and 
voter code assigned to that person pursuant to rules adopted to implement the program.  
To register to vote, a voter must present the registrar with that voter's authorization card 
assigned to the voter pursuant to rules adopted by the Secretary of State showing that 
voter's name, voter code, designated address and certification expiration date.  The 
registrar may contact the Address Confidentiality Program administrator in the Secretary 
of State's office to determine the voter's eligibility to register in the municipality and to 
verify the electoral district in which the voter is voting for purposes of issuing an 
absentee ballot to the voter pursuant to section 753-C.  All registration records and 
pending voter registration records, as defined in section 231, subsection 1, paragraph B, 
for such voters must be designated as confidential and kept sealed in the registrar's office.  
The name of any voter certified as a program participant in the Address Confidentiality 
Program may not be placed on any voter list that is available for public inspection or 
copying.
Sec. 2.  21-A MRSA §129, first ¶, as amended by PL 2011, c. 399, §11, is further 
amended to read:
When Notwithstanding subchapter 9, when a voter's name is changed by marriage or 
other process of law, or when the voter moves within a municipality, the following 
provisions apply.
Sec. 3.  21-A MRSA §152, sub-§1, as amended by PL 2015, c. 447, §§4 and 5, is 
further amended to read:
1.  Application.  In addition to the procedure procedures provided by section 122 and 
subchapter 9, a person may register to vote or enroll in a political party, or both, by 
completing an application that is designed by the Secretary of State.  The application 
must include, but is not limited to: 
A.  The legal name of the voter, in one of the following combinations:
(1)  First name and last name;
(2)  First initial, middle name and last name; or
(3)  First name, middle name or middle initial and last name;
B.  Residence address, including street, street number, apartment number, town and 
zip code;
C.  Mailing address;
D.  Date of birth;
F.  Most recent prior residence where registered to vote, including the municipality, 
county and state, and the name under which previously registered, if changed;
H.  Notification that failure to complete the entire application may prevent 
registration;
J.  Date of application;
K.  Signature of applicant collected in a way that ensures the quality and integrity of 
the signature;
L.  Choice of political party if the applicant desires to enroll in a political party or an 
indication that the applicant chose not to enroll in a party;
M.  A place for the person's current, valid Maine driver's license number, if 
applicable; or, if the applicant has no driver's license number, the last 4 digits of the 
person's social security number, if applicable; or, if the applicant has neither number, 
a place to put "none" or "not applicable"; and
N.  A place for the applicant to respond to the questions concerning the voter's 
qualifications as required by the federal Help America Vote Act of 2002, Public Law 
107-252.
Sec. 4.  21-A MRSA §155, first ¶, as amended by PL 2011, c. 342, §8, is further 
amended to read:
The registrar shall conditionally accept the registration and enrollment of any person 
who is 17 16 years of age and who is otherwise qualified to be a voter.  The conditional 
registration automatically becomes effective on the person's 18th birthday and the 
registrant then is eligible to vote.
Sec. 5.  21-A MRSA §195, as amended by PL 2009, c. 564, §6, is repealed and the 
following enacted in its place:
§195.  Report
The Secretary of State shall report annually by January 15th to the joint standing 
committee of the Legislature having jurisdiction over voter registration matters on the 
administration of the central voter registration system and the automatic voter registration 
system established pursuant to subchapter 9.
1.  Automatic registration efforts.  Beginning January 15, 2022, the report required 
under this section must include the following information regarding the actions taken 
pursuant to subchapter 9:
A.  The number of pending voter registration records that have been transferred by 
source agencies;
B.  The number of voters added to the central voter registration system because of 
pending voter registration records transferred by source agencies;
C.  The number of voters in the central voter registration system whose information 
was updated because of pending voter registration records transferred by source 
agencies;
D.  The number of pending voter registration records transferred, by source agency, 
that do not relate to individuals affirmatively identified as eligible to vote;
E.  The number of individuals who chose to not register to vote; and
F.  The number of voters who submitted requests to update or correct registration 
information through the system established in subchapter 9, by type of information 
updated.
As used in this subsection, "pending voter registration record" and "source agency" have 
the same meanings as in subchapter 9.
2.  Public access.  The report required under this section may address issues of public 
access to the information from the central voter registration system.
3.  Legislation.  The report required under this section may include suggested 
legislation necessary to administer the central voter registration system and the automatic 
voter registration system implemented pursuant to subchapter 9. The joint standing 
committee of the Legislature having jurisdiction over voter registration matters may 
report out legislation regarding the central voter registration system and the automatic 
voter registration system to the Legislature.
Sec. 6.  21-A MRSA c. 3, sub-c. 9 is enacted to read:
SUBCHAPTER 9
AUTOMATIC VOTER REGISTRATION
§231.  Registration of voters by source agencies
1.  Definitions.  As used in this subchapter, unless the context otherwise indicates, 
the following terms have the following meanings.
A.  "Bureau" means the Department of the Secretary of State, Bureau of Motor 
Vehicles.
B.  "Pending voter registration record" means the electronic record created by the 
bureau that contains the personal identification information, including name, age, 
citizenship and legal residence, and proof of that information of a person who is in 
the process of being considered for voter registration.
C.  "Proof of voter eligibility" means reliable evidence of a person's eligibility to vote 
and must include proof of age, citizenship and residence.
D.  "Source agency" means a state agency or department or other entity designated as 
a source agency pursuant to subsection 3 that, as part of the normal course of 
business of that entity, collects documents that contain personal identification 
information that provides proof of voter eligibility.
2.  Registration referral by source agency.  In addition to the procedures provided 
in sections 122 and 152, an individual may be referred to be registered to vote by a source 
agency pursuant to this section.
3.  Designation of bureau as source agency; other source agencies.  The bureau is 
designated as a source agency.  A source agency other than the bureau may be designated 
or created pursuant to this subsection.
A.  The Secretary of State may designate a state agency or department as a source 
agency if the Secretary of State verifies that the agency or department, as part of the 
normal course of business of that agency or department, collects documents that 
provide proof of voter eligibility.  The Secretary of State may designate as source 
agencies other entities designated by Section 7 of the National Voter Registration Act 
of 1993, 52 United States Code, Section 20506, including, but not limited to, public 
or private universities or colleges, municipal clerk offices or entities that provide 
services to persons with disabilities, as long as those entities, as part of the entities' 
normal course of business, collect documents that provide proof of voter eligibility.
B.  An entity that on January 1, 2022 is designated by Section 7 of the National Voter 
Registration Act of 1993 to provide voter registration services is designated as a 
source agency if the entity, as part of its normal course of business, collects 
documents that provide proof of voter eligibility.
C.  The Governor may designate by executive order a state agency as a source agency 
if that agency, as part of its normal course of business, collects documents that 
provide proof of voter eligibility.
An agency designated as a source agency pursuant to this subsection shall follow the 
same procedures for automatic voter registration as followed by the bureau and is subject 
to the requirements of this section, including preimplementation audit and risk assessment 
and ongoing audits and accuracy checks.
4.  Transmission of proof of voter eligibility data; opportunity to opt out.  A 
source agency that, through receipt of an application for assistance or service, including 
licensing or certification or the renewal of the assistance or service, collects proof of 
voter eligibility data shall transmit that data to the bureau.  Any document or application 
used by a source agency to collect proof of voter eligibility data must contain notice that 
the information provided by the applicant could be used to register the applicant to vote, 
unless the applicant declines, and that some of the applicant's information would be sent 
to a central voter database where it would be accessible to entities other than the State or 
the source agency.
5.  Registration of individual.  If information transferred pursuant to this section and 
section 232 indicates that an individual is not included in the central voter registration 
system and the available age, citizenship, residency and other relevant information prove 
that the individual meets the qualifications to vote in the State and is not otherwise 
ineligible to vote or that the individual meets the qualifications for advance registration 
pursuant to section 155, the Secretary of State shall refer the individual to the appropriate 
election official and that election official shall register that individual as a voter and add 
that individual to the central voter registration system unless the individual declines to be 
registered to vote pursuant to section 232, subsection 5, paragraph A.
6.  Update of address.  If the information transferred pursuant to this section and 
section 232 indicates that an individual is already registered to vote in the central voter 
registration system and the information proves a more recent change to the individual's 
name or address, the Secretary of State and the election official shall ensure that the 
individual's records in the central voter registration system are updated accordingly.
§232.  Collection, maintenance and use of data
The collection, maintenance and use of data for voter registration under this 
subchapter are governed by this section.
1.  Application; creation of pending voter registration record.  If an individual 
applies for a driver's license or nondriver identification card from the bureau, the bureau 
shall scan the documentation provided by the individual and create a pending voter 
registration record for that individual, which must be stored electronically in the bureau's 
database.  The pending voter registration record and the accompanying scanned 
documentation must be in a searchable, auditable format.
2.  Proof of citizenship.  If an individual in the course of business with the bureau 
provides a document that proves the individual is a United States citizen, the pending 
voter registration record of that individual in the bureau's database must indicate that the 
individual has fulfilled the citizenship eligibility requirement for the purpose of 
registering to vote.
3.  Audit of data.  The Secretary of State shall audit the central voter registration 
system for quality of data prior to implementation of the voter registration system 
pursuant to this subchapter and periodically thereafter conduct regular audits and random 
checks to ensure accuracy and reliability of the data.
4.  Sharing of certain information prohibited; penalty.  The information retained 
by the bureau regarding citizenship status or country of origin may not be shared with any 
federal, state or local government agency except as allowed by this subchapter. Violation 
of this subsection is a Class E crime.
5.  Electronic transmission of voter registration data and notice.  If an individual's 
pending voter registration record establishes voter eligibility, the bureau shall transmit 
electronically the individual's pending voter registration record to election officials in a 
format that may be reviewed by election officials and converted and uploaded into the 
central voter registration system. The bureau also shall transmit for review by election 
officials any changes to the address or name of an individual in the central voter 
registration system to ensure that the voting lists are kept current.
An election official shall provide information to the individual stating that, if the 
individual is eligible and not registered to vote, the information provided by the 
individual will be used to register the individual to vote, making some of that individual's 
information accessible to entities other than the State or the election official.  The election 
official shall provide a process by which the individual may:
A.  Decline being registered as a voter; and
B.  Adopt a political party affiliation.
Any communication must comply with the language requirements of Section 203 of the 
federal Voting Rights Act of 1965, 52 United States Code, Section 10503.
If an individual identified under this subsection as unregistered but eligible to vote does 
not decline to be registered as a voter within 21 calendar days after the election official 
issues the notification, the individual's pending voter registration record submitted under 
this subsection must be considered a completed registration and the individual must be 
registered to vote and entered into the central voting system.
§233.  Voluntary exclusion from voter list
1.  Designation of individuals who request to opt out.  The Secretary of State shall 
ensure that, upon receipt and verification of an individual's request to opt out of voter 
registration, the individual's name and pending voter registration record are designated as 
unregistered, unless the voter subsequently consents to registration. This subsection does 
not preclude an individual who has previously declined voter registration from 
subsequently registering to vote.
2.  Provision of records for permitted use only.  The Secretary of State shall ensure 
that election officials do not provide the pending voter registration record of an individual 
who has opted out of voter registration to a 3rd party for any purpose other than the 
compilation of a jury list.
3.  Opportunity to opt out prior to voter registration transaction.  The Secretary 
of State shall ensure that, prior to the creation of a pending voter registration record by a 
source agency, an individual is given the opportunity to opt out of any voter registration 
transaction.  If an individual opts out of voter registration, information about that 
individual may not be transferred out of the source agency that obtained the information.
§234.  Privacy and security standards
The Secretary of State periodically shall review privacy and security measures 
applied to the central voter registration system and the voter registration system 
established in the subchapter, including pending voter registration records and, as 
provided in this section, implement standards and procedures to further safeguard the 
confidentiality, integrity and security of the information collected, maintained, received, 
transmitted or used pursuant to this subchapter, referred to in this section as "the data."
1.  Security.  All source agencies, election officials and the Secretary of State shall 
work individually and jointly to:
A.  Ensure the confidentiality, integrity and security of the data;
B.  Identify and protect against any threats to the confidentiality, integrity and 
security of the data, including impermissible uses and disclosures;
C.  Train all persons who handle or have access to the data regarding implementation 
of the security protocols established;
D.  Conduct regular audits, either through a neutral 3rd party or the State Auditor, 
and risk management assessments and pursue measures that are indicated as 
necessary;
E.  Provide the highest level of physical security to facilities, computers and other 
sensitive equipment on which the data is stored;
F.  Employ available software to detect anomalies and irregularities;
G.  Implement measures to ensure against unauthorized access or changes in data 
through the process of transmitting data from one agency to another; and
H.  Develop procedures to respond immediately to a breach of the security of the data 
and to appropriately inform the public and other necessary parties of the breach and 
consequences of that breach.
2.  Privacy.  The Secretary of State shall develop, publish and enforce a privacy 
policy with respect to the central voter registration system, the voter registration system 
established in this subchapter and the data that:
A.  Specifies each class of internal users that have authorized access to the central 
voter registration system, specifying for each class the permissions and levels of 
access to be granted, and setting forth other safeguards to protect the privacy of the 
information in the central voter registration system;
B.  Prohibits public disclosure of any information not necessary for voter registration;
C.  Protects against public disclosure of social security numbers, in whole or in part, 
driver's license numbers, nondriver identification card numbers and signatures;
D.  Prohibits public disclosure of an individual's decision not to register to vote;
E.  Prohibits agencies from transmitting to election officials information other than 
that required for voter registration or specified information relevant to the 
administration of elections, such as language preference and demographic 
information; and
F.  Prohibits the disclosure of information relating to persons in categories designated 
as confidential by federal or state law, including victims of domestic violence or 
stalking, prosecutors and law enforcement personnel and participants in a witness 
protection program.
3.  Records retention.  The Secretary of State shall establish standards and 
procedures to maintain all election records required for purposes of this subchapter. The 
pending voter registration record of an individual who has been identified as ineligible to 
vote within the State or whose name has been removed from the central voter registration 
system due to opting out or due to ineligibility must be maintained and kept available 
until the date of the 2nd general election that occurs after the date that the individual 
opted out or was identified as ineligible, after which it must be deleted.
§235.  Protection against liability of individuals on basis of information transferred; 
false information
1.  No individual liability for error by State.  If an individual who is ineligible to 
vote becomes a registered voter pursuant to this subchapter, that individual's registration 
is deemed to be the fault of the State and not attributable to or the fault of the individual.
2.  Providing false information.  Notwithstanding subsection 1, an individual who 
knowingly and willfully provides false information under this subchapter is subject to 
prosecution pursuant to Title 17-A, section 452.
§236.  Protections against misuse of information
1.  Restriction on use of registration records.  A person may not use the central 
voter registration system or pending voter registration records for any purpose other than 
voter registration, election administration, the enforcement of laws against election 
crimes or as allowed under section 196-A.
2.  Restriction on use of information.  Information relating to an individual's 
absence from the central voter registration system or an individual's declining to supply 
information for voter registration purposes at a source agency is not a public record as 
defined in Title 1, section 402 and may not be disclosed to the public or used for any 
purpose other than voter registration, election administration or the enforcement of laws 
against election crimes.
§237.  Nondiscrimination
A person acting under color of law may not discriminate against an individual on the 
basis of the individual's absence from the central voter registration system, the 
information supplied by the individual for voter registration purposes at a source agency 
or the individual's declining to supply such information, except as required to administer 
elections or enforce the laws against election crimes.
§238.  Rules
The Secretary of State may adopt rules to implement this subchapter. Rules adopted 
pursuant to this section are major substantive rules as defined in Title 5, chapter 375, 
subchapter 2-A.
§239.  Rule of construction
1.  No change to authority to maintain voting lists.  This subchapter may not be 
construed to interfere with any election official's authority or obligation, under state or 
federal law, to:
A.  Determine whether an individual is qualified to be a voter; or
B.  Conduct regular, nondiscriminatory voting list maintenance designed to ensure 
that persons who are ineligible to vote are not reflected as voters in the central voter 
registration system.
2.  Right to opt out.  This subchapter may not be construed to interfere with the right 
of an individual to decline for any reason to be registered to vote.
Sec. 7.  Effective date; rules; report.  Those sections of this Act that amend the 
Maine Revised Statutes, Title 21-A, section 122-A, section 129, first paragraph and 
section 152, subsection 1 and that enact Title 21-A, section 195 and chapter 3, subchapter 
take effect January 1, 2022, except that the Secretary of State shall adopt major 
substantive rules in accordance with Title 5, chapter 375, subchapter 2-A to implement by 
January 1, 2022 the automatic voter registration system enacted in Title 21-A, chapter 3, 
subchapter 9 and present those rules for approval to the Second Regular Session of the 
129th Legislature by January 15, 2020; at the same time, the Secretary of State may 
present suggested necessary legislation for the proper implementation of the automatic 
voter registration system.  The Joint Standing Committee on Veterans and Legal Affairs 
may report out legislation to the Second Regular Session of the 129th Legislature based 
on the recommendations of the Secretary of State.
SUMMARY
This bill establishes, beginning January 1, 2022, a method of automatically 
registering eligible individuals to vote.  The Department of the Secretary of State, Bureau 
of Motor Vehicles, when receiving any documentation from an individual doing business 
with the bureau, including applying for or renewing a driver's license or nondriver 
identification card, is required to scan and electronically store the documentation 
provided by the individual.  If the documentation provides proof of eligibility to vote, 
including citizenship, age and residency, that individual is added to the central voter 
registration system and relevant information is transmitted to election officials unless the 
individual, at the time of the collection of the documentation, chooses not to be registered 
to vote, which the Secretary of State is required to ensure that an individual is given the 
opportunity to do.  An application or document used to collect information that may be 
used to register an individual must contain a notice that the individual's information may 
be used to register that individual to vote, meaning that the information would be 
available by persons other than the State or election officials.  An election official must 
provide the same notice to an individual upon receipt of the registration record from the 
Bureau of Motor Vehicles and also must inform the individual of the ability to choose not 
to be registered to vote and to pick a party affiliation. If the individual fails to respond 
within 21 days, the individual is considered a registered voter if that individual meets the 
qualifications to be registered as a voter.
The Secretary of State and the Governor are allowed to designate other state agencies 
and departments and public and private entities, such as colleges and municipal clerk 
offices, as so-called source agencies that are allowed to submit registration information to 
the bureau for inclusion in the central voter registration system, but only if those 
agencies, as part of their normal course of business, collect information that provides 
proof of eligibility to vote, including an entity that, as of January 1, 2022, is designated 
under the National Voter Registration Act of 1993 as a voter registration agency that 
collects information that provides proof of voter eligibility.  A source agency is required 
to comply with the same restrictions regarding sharing and use of documentation as the 
bureau.
Information from a source agency may also be used to update an individual's voter 
registration.
This bill exempts from liability an individual who is not qualified to be a registered 
voter but who becomes a registered voter by operation of the automatic registration, as 
long as that individual has not knowingly or willfully provided false information.
This bill also requires the Secretary of State to adopt major substantive rules to 
implement the new automatic voter registration system and submit those rules, along with 
any proposed legislation necessary for the proper implementation of the new system, to 
the Second Regular Session of the 129th Legislature.
Finally, this bill lowers the age at which a person may submit a conditional 
registration to vote and enrollment in a political party from 17 years of age to 16 years of 
age.