An Act To Ensure All Legal Voters Are Able To Participate in Elections
Maine Legislature, Session 130, LD 1276
Committee: Veterans and Legal Affairs
Sponsors: ROBERTS, MEYER, RIELLY, STOVER, DAUGHTRY, LUCHINI
Amends: 21-A MRSA §765

Legislative Document
No. 1276
H.P. 936
House of Representatives, March 29, 2021
An Act To Ensure All Legal Voters Are Able To Participate in 
Elections
Received by the Clerk of the House on March 25, 2021.  Referred to the Committee on 
Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative ROBERTS of South Berwick.
Cosponsored by Representatives: MEYER of Eliot, RIELLY of Westbrook, STOVER of 
Boothbay, Senators: DAUGHTRY of Cumberland, LUCHINI of Hancock.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  21-A MRSA §765 is enacted to read:
§765.  Exterior absentee ballot drop boxes or drop slots
A municipality may obtain and deploy one absentee ballot drop box or drop slot outside 
the municipal office building for use by voters of that municipality to return their voted 
ballots without requiring contact with an election official.  Delivery to a drop box or drop 
slot pursuant to this section constitutes delivery to the clerk as provided in section 754-A.  
An absentee ballot drop box, or a drop slot attached to a secure collection box, must meet 
the following requirements.
1.  Securely located.  The absentee ballot drop box or drop slot must be located on 
municipal property next to or adjoining the municipal office building.  The drop box or 
drop slot must be secured so that it cannot be moved or removed by any unauthorized 
person.  If the drop box or drop slot is positioned against an outside wall of the municipal 
office building, it must be bolted or otherwise securely fastened to the municipal office 
building wall or to the deck or landing.  If the drop box or drop slot is located away from 
the municipal office building, it must be set onto a post that is sunk into the ground or set 
into a concrete pad or bolted or otherwise securely affixed to a platform or other structure.  
When in use for an election, the drop box or drop slot must be monitored periodically by 
law enforcement personnel, municipal staff or a surveillance camera.
2.  Provide secure method for ballot deposit.  The drop box or drop slot must provide 
a slot or chute that the voter can use to deposit an absentee ballot envelope into the 
collection box.  This slot or chute must be designed so that it prevents a person from 
reaching in and accessing envelopes deposited into the drop box or drop slot and so that 
the deposited ballots are protected from the elements.  The slot or chute also must have a 
mechanism with which the slot or chute may be closed and locked so that no ballots can be 
deposited once it is closed and locked.  The slot or chute must feed directly into a secure, 
locked collection box, so that the deposited envelopes remain secured until the municipal 
clerk or designee removes the envelopes and secures them in the clerk's office.
3.  Clearly labeled.  The drop box or drop slot must be labeled, or a sign must be 
posted on or near the drop box or drop slot, to indicate that it is an official absentee ballot 
drop box or drop slot.  Unless the drop box or drop slot is affixed to the outside wall of the 
municipal office building, the drop box or drop slot must display the name of the 
municipality.  The drop box or drop slot may have additional signage instructing voters 
about absentee voting requirements, including warnings against use by voters of other 
municipalities.
4.  Use and access during absentee voting period.  During the period when absentee 
voting is taking place before an election, the absentee ballot drop box or drop slot must be 
used only for collection of absentee ballots and not for other municipal office filings or 
payments.  The contents of the drop box or drop slot collection box must be accessible only 
to the municipal clerk or designees.  No other municipal staff may have keys or access to 
the drop box or drop slot collection box contents during the absentee voting period.  If 
material other than absentee ballot envelopes is deposited into the drop box or drop slot, 
the municipal clerk or designee is responsible for delivering that material to the appropriate 
municipal official.
5.  Periodic retrieval of ballots.  The drop box or drop slot must have a locking access 
door or cover that allows the municipal clerk or designee to open and retrieve the absentee 
ballot envelopes.  During the absentee voting period, the municipal clerk or designees in 
teams of 2 people must periodically remove ballots from the drop box or drop slot and 
deliver the envelopes to the municipal clerk's office to be secured until they can be 
processed.  At a minimum, ballots must be retrieved on each day that the municipal clerk’s 
staff is working in the office.  Ballots must be retrieved on other days as necessary based 
on the level of absentee voting, to ensure that the drop box or drop slot does not get so full 
that no other ballots can be deposited and so that deposited ballots do not become accessible 
to unauthorized persons.  The municipality may keep a log noting each time the drop box 
or drop slot is emptied and have each team member initial or sign the log.  On election 
night, the team must arrive at the drop box or drop slot just before 8 p.m. and wait until 8 
p.m. to remove the deposited ballots and lock the deposit slot or chute so that no other 
voters can deposit ballots after the statutory deadline for returning ballots.
SUMMARY 
This bill provides that a municipality may obtain and deploy one absentee ballot drop 
box or drop slot outside the municipal office building for use by voters of that municipality 
to return their voted ballots without requiring contact with an election official.  The bill sets 
standards for a drop box or drop slot including that it be securely located and clearly 
labeled, that it provide a secure method for the deposit of ballots, that the contents be 
accessible only to the municipal clerk or the clerk's designee and that ballots be periodically 
retrieved by the municipal clerk or the clerk's designee.