An Act To Protect Election Integrity by Regulating Possession of Ballots and Voting Machines and Devices
Maine Legislature, Session 130, LD 1779
Committee: Veterans and Legal Affairs
Sponsors: PIERCE, BREEN, FECTEAU, MORIARTY, RIELLY, WOOD, LUCHINI
Amends: 21-A MRSA §698, 21-A MRSA §739, 21-A MRSA §814, 21-A MRSA §845

Legislative Document
No. 1779
H.P. 1330
House of Representatives, December 2, 2021
An Act To Protect Election Integrity by Regulating Possession of 
Ballots and Voting Machines and Devices
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Clerk of the House on November 30, 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 PIERCE of Falmouth.
Cosponsored by Senator BREEN of Cumberland and
Representatives: Speaker FECTEAU of Biddeford, MORIARTY of Cumberland, RIELLY of 
Westbrook, WOOD of Portland, Senator: LUCHINI of Hancock.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  21-A MRSA §698, sub-§2-A, as amended by PL 2019, c. 371, §§23 and 
24, is further amended by amending the first blocked paragraph to read:
The sealed tamper-proof ballot security containers of used ballots must remain sealed for 
at least 2 months after the election, unless the Secretary of State authorizes the clerk to 
open the containers prior to that date.  After 2 months, the clerk shall open the containers 
in the presence of one or more witnesses and transfer the ballots to other containers for the 
remainder of the retention period described in section 23. The new containers must be 
securely sealed. Except as expressly authorized in this Title or other applicable state or 
federal law, the containers must remain sealed and in the possession, custody and control 
of the clerk until the used ballots are destroyed in accordance with section 23.
Sec. 2.  21-A MRSA §739, first ¶, as amended by PL 2011, c. 258, §1, is further 
amended to read:
On request, a municipal clerk or the Secretary of State, or both, shall produce any 
ballots or incoming voting lists in their custody before the Governor, either branch of the 
Legislature, any legislative committee or a court of competent jurisdiction. Original ballots 
produced under this section must remain in the sole custody of the requester until they are 
returned to the municipal clerk or Secretary of State, and the requester shall maintain the 
ballots in a secure location. Inspection of ballots produced under this section is subject to 
oversight by a public official authorized by law to inspect ballots. If there is an unresolved 
disputed ballot for an election to the State House of Representatives or the State Senate 
arising from a recount conducted pursuant to section 737‑A, the Secretary of State shall 
make a copy of that ballot available for inspection by the public.  A copy of a ballot that is 
made available for public inspection pursuant to this section must be made available in a 
manner that preserves the voter's anonymity.  Copies of disputed ballots made available for 
public inspection under this section must be retained by the Secretary of State for a period 
of 2 years after the outcome of the election is finally determined.
Sec. 3.  21-A MRSA §814, sub-§2 is enacted to read:
2.  Transfer prohibited.  The municipal clerk may not transfer possession, custody or 
control of a voting machine to any person except as expressly authorized by the Secretary 
of State.
Sec. 4.  21-A MRSA §845, sub-§2 is enacted to read:
2.  Transfer prohibited.  The municipal clerk may not transfer possession, custody or 
control of a voting device to any person except as expressly authorized by the Secretary of 
State.
SUMMARY
This bill requires the municipal clerk to retain possession, custody and control over the 
sealed containers of ballots unless the law expressly authorizes the containers to be 
transferred and secured by another entity.  The bill also requires those persons entitled to 
obtain original ballots for inspection to keep those ballots in their sole custody in a secure 
location, with any inspection subject to oversight by an appropriate public official. The bill 
also prohibits the municipal clerk from transferring possession, custody or control of a 
voting machine or voting device to any person except as authorized by the Secretary of 
State.