An Act To Create an Automatic Voter Registration System
Maine Legislature, Session 129, LD 1463
Committee Amendment CA_A_H458 (House)
Amends: 21-A MRSA §122-A, 21-A MRSA §129, 21-A MRSA §152, 21-A MRSA §155, 21-A MRSA §195

COMMITTEE AMENDMENT .. /J,,, to H.P. 1070, L.D. 1463, Bill, "An Act To 
Create an Automatic Voter Registration System" 
Amend the bill by strildng out everything after the enacting clause and inserting the 
following: 
'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 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 ,I, as amended by PL 2011, c. 399, §11, is fwther 
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. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·A "to H.P. 1070, L.D. 1463 
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 ,r, 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 16 or 17 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: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT·~" to H.P. 1070, L.D. 1463 
§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 sub chapter 9. 
1. Automatic registration efforts. Beginning January 15, 2023, 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 created by 
source agencies: 
B. The number of voters added to the central voter registration system because of 
pending voter registration records created by source agencies: 
C. The number of voters in the central voter registration system whose information 
was updated because of pending voter registration records created by source 
agencies: 
D. The number of pending voter registration records created, 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 section 231, subsections 2 and 4, respectively. 
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 
repo1t 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. Definitions 
As used in this subchapter, unless the context otherwise indicates, the following 
terms have the following meanings. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to H.P. 1070, L.D. 1463 
1. Bureau. "Bureau" means the Department of the Secretary of State, Bureau of 
Motor Vehicles. 
2. Pending voter registration record. "Pending voter registration record" means 
the electronic record created by a source agency that contains the personal identification 
information, including name, age, citizenship and legal residence, and other information 
required by section 152 of a person who is in the process of being considered for voter 
registration. 
3. Proof of voter eligibility. "Proof of voter eligibility" means reliable evidence of a 
person's eligibility to vote and must include proof of age, citizenship and residence. 
4. 
Source agency. 
"Source agency" means the bureau and a state agency or 
department or other entity designated as a source agency pursuant to section 233, 
subsection 1 that, as part of the normal course of business of that entity, collects 
documents that contain personal identification inf 01mation that provides proof of voter 
eligibility. 
§232. Automatic registration by the bureau 
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. Electronic transmission of voter registration data. Unless the individual has 
opted out of automatic voter registration as provided in section 234, if an individual's 
pending voter registration record establishes voter eligibility, the bureau shall transmit 
electronically the individual's pending voter registration record to the applicable registrar 
of voters in a format that may be reviewed by the registrar and converted and uploaded 
into the central voter registration system. 
4. Registration of individual or update of individual's registration record. The 
registrar of voters shall determine whether an individual whose pending voter registration 
record was transmitted under subsection 3 is eligible to and registered to vote in the 
central voter registration system. If the individual is eligible to vote but is not registered 
in the central voter registration system, the registrar shall enter the individual's 
inf01mation into the central voter registration system. If the individual is registered to 
vote, the registrar shall enter any changes to the address or name of the individual in the 
central voter registration system to ensure that the voting lists are kept current. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 1070, L.D. 1463 
§233. Automatic registration by source agencies other than the bureau 
1. Designation of source agencies. The Secretary of State may designate a state 
agency or department as a source agency if the Secreta1y 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 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. 
2. Automatic registration. An agency designated as a source agency pursuant to 
this section shall follow the procedures established by the Secretary of State by rule for 
automatic voter registration. Those procedures, to the extent possible, must be the same 
as the procedures for automatic voter registration by the bureau under section 232. 
§234. Voluntary opt-out from voter list 
1. Opportunity to opt out. Any document or application used by a source agency 
in the normal course of business of that agency to collect proof of voter eligibility data 
must contain notice that, unless the applicant declines, the information provided by the 
applicant could be used to register the applicant to vote 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. 
2. 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 transmitted from the source agency that obtained the information to 
a registrar of voters. 
§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 
lmowingly and willfully provides false information under this subchapter is subject to 
prosecution pursuant to Title 17-A, section 452. 
§236. 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. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A "to H.P. 1070, L.D. 1463 
§237. Secretary of State duties 
1. Audit of data. The Secretary of State shall audit the central voter registration 
system for quality of data prior to implementation of the automatic voter registration 
system pursuant to this subchapter and shall periodically thereafter conduct regular audits 
and random checks to ensure the accuracy and reliability of the data. 
2. 
Rulemaldng. 
The Secretary of State may adopt rules to implement this 
subchapter. Rules adopted pursuant to this subsection are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
§238. 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. Report. By January 1, 2020, the Secretary of State shall submit a report to 
the Joint Standing Committee on Veterans and Legal Affairs on the progress made 
toward implementing automatic voter registration and the estimated time required to 
complete all activities necessary for implementation. 
The report may include 
recommended legislation for the proper implementation of the automatic voter 
registration system, including recommended adjustments to the implementation date. The 
Joint Standing Committee on Veterans and Legal Affairs may report out legislation to the 
Sec. 8. Appropriations and allocations. The following appropriations and 
allocations are made. 
SECRETARY OF STATE, DEPARTMENT OF 
Elections and Commissions 0693 
Initiative: Provides one-time funding for computer programming costs to scan automatic 
voter registration information and transfer pending voter registration applications to the 
central voter registration system. 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
2019-20 
$0 
$0 
COMMITTEE AMENDMENT 
2020-21 
$140,000 
$140,000 
.. ,$ 
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COMMITTEE AMENDMENT ·A "to H.P. 1070, L.D. 1463 
Sec. 9. Effective date. That section of this Act that amends the Maine Revised 
Statutes, Title 21-A, section 155, first paragraph takes effect January 1, 2020. Those 
sections of this Act that amend Title 21-A, section 122-A, section 129, first paragraph 
and section 152, subsection 1 and that section of this Act that enacts Title 21-A, chapter 
3, subchapter 9 take effect January 1, 2022. That section of this Act that repeals and 
replaces Title 21-A, section 195 takes effect January 1, 2023.' 
SUMMARY 
This amendment, which is the majority report of the committee, makes the following 
changes to the automatic voter registration system established in the bill. 
1. It clarifies the process for automatic voter registration. When an individual doing 
business with a source agency provides information demonstrating the individual's 
eligibility to vote, the individual must be notified that the individual's information will be 
used to register that individual to vote unless the individual declines to be registered. If 
the individual does not opt out, the source agency must create a pending voter registration 
record and transmit that record to the applicable registrar of voters, who shall dete1mine 
whether the individual is eligible to vote. If the individual is eligible to vote, the registrar 
must enter the individual's infotmation in the central voter registration system or, if the 
individual is already registered to vote, the registrar must update the central voter 
registration system with the individual's change of name or address, if any. 
2. As in the bill, the Department of the Secretary of State, Bureau of Motor Vehicles 
is automatically designated a "source agency" through which automatic voter registration 
takes place. Unlike the bill, the amendment grants authority to designate other source 
agencies only to the Secretary of State. The Secretary of State may designate as a source 
agency a state entity or department or another entity designated by Section 7 of the 
National Voter Registration Act of 1993, as long as the Secretary of State verifies that the 
department, agency or entity collects documents that provide proof of voter eligibility as 
part of its normal course of business. 
3. It eliminates the provisions of the bill establishing specific privacy and security 
measures and specific restrictions against the misuse of voter registration information, 
allowing the Secretary of State to adopt rules related to these topics. 
4. It changes the rules that the Secretary of State may adopt to implement the 
automatic voter registration system from major substantive rules to routine technical 
rules. 
5. It changes to January 1, 2020 the effective date of the provision of the bill that 
lowers the age at which a person may submit a conditional registration to vote and enroll 
in a political party. 
6. As in the bill, automatic voter registration is effective Januaiy 1, 2022. Unlike the 
bill, the amendment directs the Secretary of State to submit, by January 1, 2020, a report 
to the Joint Standing Committee on Veterans and Legal Affairs on the progress made 
toward implementing automatic voter registration and the estimated time required to 
complete all activities necessary for implementation. 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 report. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1070, L.D. 1463 
7. It adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/31/19 feac 
LD 1463 
LR 34(02) 
An Act To Create an Automatic Voter Registration System 
Fiscal Note for Bill as Amended by Committee Amendment,/,,• (J.1 ~ Lf)V 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
FY2019-20 
FY 2020-21 
Projections 
FY 2021-22 
Projections 
FY2022-23 
Appropriations/ Allocations 
Federal Expenditures Fund 
fiscal Detail and Notes 
$0 
$140,000 
$0 
$0 
The bill creates an automatic voter registration system. It includes a one-time Federal Expenditures Fund allocation 
of $140,000 in fiscal year 2020-21 to the Department of Secreta1y of State for computer programming costs to scan 
automatic voter registration information and transfer pending voter registration applications to the central voter 
registration system. The source of the federal funds is the 2018 Help America Vote Act (HA VA) Election Security 
Grant funds. 
LR0034(02) - Fiscal Note - Page 1 of 1