An Act To Open Maine's Primaries and Permit Unenrolled Voters To Cast Ballots in Primary Elections
Maine Legislature, Session 129, LD 0211
Committee Amendment CA_A_H312 (House)
Amends: 21-A MRSA §145, 21-A MRSA §671, 21-A MRSA §721

FffiST REGULAR SESSION 
COMMITTEE AMENDMENT" fJ .. to H.P. 174, L.D. 211, Bill, "An Act To Open 
Maine's Primaries and Permit Unenrolled Voters To Cast Ballots in Primary Elections" 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. 21-A MRSA §145, sub-§§3 and 4 are enacted to read: 
3. Restrictions after withdrawal. A voter may not vote at a caucus, convention or 
primary election for 15 days after filing an application to withdraw enrollment unless the 
voter withdraws from enrollment at the same time that the voter changes the voter's 
voting residence as provided in subsection 4. A voter prohibited from voting at a caucus, 
convention or primary election for 15 days under this subsection may sign a primary 
nomination petition during the 15-day period after filing an application to change 
enrollment, and the voter's signature must be counted as valid, as long as the 15-day 
period has elapsed by the time the petition is certified pursuant to section 335, subsection 
and the voter otherwise is qualified to sign a petition for that office. 
4. Change of residence. When a voter who is enrolled in a party changes residence 
from one municipality to another and establishes a new voting residence, that voter may 
choose not to enroll in a party when the voter submits a new voter registration 
application. 1 
Amend the bill in section 3 in §341 in the first paragraph in the 2nd line (page 1, line 
in L.D.) by striking out the following: u144,u and inserting the following: 
1145, 
subsection 3,' 
Amend the bill in section 3 in §341 in the first paragraph in the last 3 lines (page 1, 
lines 12 to 14 in L.D.) by striking out the following: uThe Secretary of State shall 
establish procedures to ensure that each voter voting in a party's primary election is 
offered a ballot for that primary election. u 
Amend the bill by inserting after section 3 the following: 
1Sec. 4. 21-A MRSA §671, sub-§2, as repealed and replaced by PL 2015, c. 447, 
§18, is amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A 
"to H.P. 174, L.D. 211 
2. Name checked and ballot issued. The election clerk in charge of the incoming 
voting list shall place a check mark or a horizontal line, in red ink, on the list beside the 
voter's name, and if there is more than one party or district ballot style used at that voting 
place, the election clerk mast shall state in a loud, clear voice the party or district ballot 
style that the voter must be given. The election clerk in charge of the ballots shall give 
the voter one ballot of each kind to which the voter is entitled, and if there is more than 
one party or district ballot style used at that voting place, the election clerk mast shall 
repeat the party or district ballot style being given to the voter. The voter must be given a 
ballot when the voter's name is checked on the incoming voting list and may not be 
referred to another location to obtain the ballot. 
A voter who will vote using the 
accessible voting system may not be given an official ballot, but may be given a sample 
ballot to use as a voting aid. 
Sec. 5. 21-A MRSA §671, sub-§2-A is enacted to read: 
2-A. Primary election; party ballot announcement. If a primary election is being 
conducted. the election clerks shall follow the procedures outlined in this subsection. 
A. If the voter is enrolled in a party and not disqualified from voting in that party's 
primary election under section 144, subsection 3, the election clerk in charge of the 
incoming voting list shall state in a loud. clear voice the party ballot that the voter 
must be given. The election clerk in charge of ballots shall give the voter the party 
ballot and shall repeat the party ballot being given to the voter. 
B. If the voter is unenrolled but eligible to vote in a party primary under section 341, 
the election clerk in charge of the incoming voting list must ask the voter to identify 
which party's primaty election ballot the voter wishes to receive. Unless the voter 
chooses not to vote in any party's primary election, the election clerk in charge of the 
incoming voting list shall state in a loud, clear voice the party ballot that the voter has 
requested and shall make a notation on the incoming voting list of the party ballot 
requested by the voter. The election clerk in charge of ballots shall give the voter the 
patty ballot and shall repeat the party ballot being given to the voter. 
Sec. 6. 21-A MRSA §721, as amended by PL 2015, c. 447, §25, is further 
amended to read: 
§721. Reports of registration and enrollment 
Within 15 business days after any statewide election, the registrar shall update all 
information in the central voter registration system for all voters in the municipality to 
reflect any voter registration activity after the incoming voting list was printed for that 
election and up until the close of the polls on election day. The registrar shall also enter 
any designations of challenged ballots in the applicable voter records in the central voter 
registration system. The registrar shall notify the Secretary of State as soon as these tasks 
are complete. 
After the registrar has completed the update of the central voter registration system, 
as required by this section, and no later than 45 business days after the election, unless a 
recount has been requested pursuant to section 737-A, the clerk shall update the central 
voter registration system by entering voter participation history for that election and. if 
the election was a primary election, by identifying which party's ballot. if any, was issued 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 174, L.D. 211 
to each participating unenrolled voter pursuant to section 671, subsection 2-A. The clerk 
shall notify the Secretary of State as soon as this task is completed. 
In a municipality in which a recount has been requested pursuant to section 73 7-A, 
the clerk shall update the central voter registration system by entering voter participation 
history for that election. and. if the election was a primary election, by identifying which 
party's ballot. if any. was issued to each participating unenrolled voter pursuant to section 
671. subsection 2-A, within 20 business days after receiving the incoming voting list that 
has been returned by the Secretary of State after the recount. The clerk shall notify the 
Secretary of State as soon as this task is completed. 
Sec. 7. Effective date. This Act takes effect July 1, 2021.' 
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, retains the 
provisions of the bill that allow an unenrolled voter to vote in a single party's primary 
election without having to enroll in a political party. 
Under current law, a voter who changes enrollment from one political party to 
another political party may not vote in any caucus, convention or primary election for 15 
days after changing enrollment, unless the voter changes the voter's voting residence at 
the same time that the voter changes political party enrollment. . This amendment 
similarly prohibits a voter who withdraws from a political party from voting in any 
caucus, convention or primary election for 15 days after withdrawing, unless the voter 
changes the voter's voting residence at the same time that the voter withdraws from a 
political party. 
This amendment also requires an election clerk to record on the incoming voting list 
which party's primary ballot, if any, is requested by and issued to an unenrolled voter 
during a primary election. After the primary election, this information must be entered in 
the central voter registration system. 
This amendment further provides that the effective date of this legislation is July 1, 
2021. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/01/19 feae"... 
LD211 
LR 423(02) 
An Act To Open Maine's Primaries and Permit Unenrolled Voters To Cast Ballots in Primary 
Elections 
Fiscal Note for Bill as Amended by Committee Amendment fi,{ f/-31 J.) 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2019-20 
FY 2020-21 
Projections 
FY 2021-22 
Projections 
FY 2022-23 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
$0 
$0 
$0 
$137,000 
$0 
$0 
$137,000 
$0 
The Department of Secretary of State will require a General Fund appropriation of $13 7 ,000 in fiscal year 2021-22 for 
ballot printing and postage costs to allow unenrolled voters to cast ballots in primary elections. 
LR0423(02) - Fiscal Note - Page I of 1