An Act To Require Election Transparency and Audits
Maine Legislature, Session 130, LD 1155
Committee: Veterans and Legal Affairs
Sponsors: GROHOSKI, FARRIN, CAIAZZO, COREY, FECTEAU, PEBWORTH, WARREN, WILLIAMS, MAXMIN
Amends: 21-A MRSA §610

Legislative Document
No. 1155
H.P. 833
House of Representatives, March 22, 2021
An Act To Require Election Transparency and Audits
Received by the Clerk of the House on March 18, 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 GROHOSKI of Ellsworth.
Cosponsored by Senator FARRIN of Somerset and
Representatives: CAIAZZO of Scarborough, COREY of Windham, FECTEAU of Augusta, 
PEBWORTH of Blue Hill, WARREN of Scarborough, WILLIAMS of Bar Harbor, Senator: 
MAXMIN of Lincoln.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  21-A MRSA §610 is enacted to read:
§610.  Election transparency
1.  Transparency of election procedures.  The Secretary of State shall produce and 
publicly disseminate a guide to election procedures and revise the guide annually to reflect 
current law, rules and procedures regarding elections.  The guide must describe:
A.  Rules regarding polling places and the conduct of elections;
B.  Devices and software used to capture, interpret or tally votes and the capabilities 
and deployment of the devices and software;
C.  Duties of election officials on, before and after election day;
D.  Opportunities for citizens to monitor election procedures; and
E.  Other election laws, rules or procedures that the Secretary of State determines 
appropriate for the public interest.
2.  Election complaints.  The Secretary of State shall develop an election complaint 
process that any election official or member of the public can use to report excessive wait 
times, noncompliance with election procedures, obstacles or interference with voting or 
other concerns about the election process.  Instructions for filing a complaint under this 
subsection must be included in the guide to election procedures under subsection 1 and 
posted at all polling places.  The Secretary of State shall keep a record of the complaints 
received under this subsection and any actions taken in response to the complaints.
3.  Election report.  By December 15th in a year following a general election year, the 
Secretary of State shall submit a report to the Legislature that includes for all elections 
since the prior general election:
A.  A summary of the election complaints received under subsection 2;
B.  The number of voters removed from the central voter registration system since the 
previous report and the reason for their removal;
C.  A summary of any recounts conducted, including a description of any discrepancies 
in vote totals and explanations for discrepancies when available; and
D.  Recommendations for the remedy of any problems identified in the election process 
at the state or local level.
4.  Rules.  The Secretary of State may adopt routine technical rules as defined in Title 
5, chapter 375, subchapter 2-A to carry out the purposes of this section.
Sec. 2.  Resolve 2019, c. 48 is repealed.
Sec. 3.  Deadline for producing and disseminating guide to election 
procedures.  The Secretary of State shall produce and disseminate a guide to election 
procedures pursuant to the Maine Revised Statutes, Title 21-A, section 610, subsection 1 
no later than December 1, 2021.
Sec. 4.  Secretary of State to conduct pilot post-election audit.  The Secretary 
of State shall design and conduct a pilot post-election audit based on statistical principles 
designed to limit the risk that certified election returns may produce an incorrect outcome.  
The pilot audit must be conducted following the general election scheduled for November 
2022.  The planning process for the pilot audit must include a study of best practices in 
post-election ballot audits, recounts and the intersection of audits with recounts and must 
include a review of security protocols related to hardware, software and paper ballots.  In 
conducting the pilot audit, the Secretary of State may consult with state and municipal 
election officials, election security advocates and other experts in the field of election audits 
and recounts.  By February 1, 2023, the Secretary of State shall submit a report on the pilot 
audit with any recommended legislation to the joint standing committee of the Legislature 
having jurisdiction over veterans and legal affairs.  The joint standing committee may 
report out a bill based upon the report to the First Regular Session of the 131st Legislature.
SUMMARY
This bill requires the Secretary of State to:
1.  Produce and publicly disseminate a guide to election procedures;
2.  Develop an election complaint process;
3.  Report to the Legislature on certain election issues after a general election; and
4.  Conduct a pilot post-election audit.