An Act To Amend the Laws Governing Elections
Maine Legislature, Session 130, LD 1363
Committee Amendment CA_A_S209 (Senate)
Amends: 21-A MRSA §232, 21-A MRSA §752-B, 21-A MRSA §753-A, 21-A MRSA §753-B, 21-A MRSA §756, 21-A MRSA §756-A, 21-A MRSA §759, 21-A MRSA §765, 21-A MRSA §803

COMMITTEE AMENDMENT" A "to S.P. 450, L.D. 1363, "An Act To Amend the 
Laws Governing Elections" 
Amend the bill in section 3 in subsection 1 in the 5th line (page 1, line 36 in L.D.) by 
inserting after the first occurrence of the following: "individual" the following: 'that 
provides proof of voter eligibility' 
Amend the bill by striking out all of section 4 and inserting the following: 
'Sec. 4. 21-A MRSA §232, sub-§5 is enacted to read: 
5. Implementation. Notwithstanding any provision of law to the contra1y, the bureau 
may conduct the activities in subsections 1 to 3 beginning January 1, 2022 but is not 
required to comply with the requirements of subsections 1 to 3 until June 1, 2022.' 
Amend the bill by striking out all of section 6. 
Amend the bill in section 8 in §441 in subsection 2 in the 3rd and 4th lines (page 3, 
lines 25 and 26 in L.D.) by striking out the following: "of the enrollment qualifications, 
subject to the restrictions in section 14 4, for voters eligible" and inserting the following: 'of 
the enrollment qualifications, subject to the restrictions in section 144, for voters eligible' 
Amend the bill in section 8 in §441 in subsection 2 in the 4th line (page 3, line 26 in 
L.D.) by striking out the following: "of whether unenrolled voters will be eligible" 
Amend the bill in section 8 in §441 in subsection 2 in the last 2 lines (page 3, lines 28 
and 29 in L.D.) by striking out the following: "A voter may vote in the primary election of 
only one qualified party." 
Amend the bill by striking out all of section 13 and inserting the following: 
'Sec. 13. 21-A MRSA §752-B is enacted to read: 
§752-B. Secured drop boxes for the return of absentee ballots 
1. Definitions. For the purposes of this section, unless the context othe1wise indicates, 
the following terms have the following meanings. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" /J,." to S.P. 450, L.D. 1363 ( 5•'2-tf() 
A. "Absentee voting period" means the time period beginning on the first date that 
absentee ballots are issued by the municipality and ending at 8 p.m. on election day. 
B. "Secured drop box" means a device containing a slot or chute through which an 
absentee voter may deposit an absentee ballot into a secure, locked collection box in 
accordance with the requirements of this section. 
2. Secured drop boxes authorized. A municipality may obtain and install a secured 
drop box that meets the requirements of this section. The secured drop box may be used 
by voters who are authorized to return absentee ballots in a secured drop box pursuant to 
section 754-A, subsection 1, paragraph D. 
3. Location and number of secured drop boxes. The secured drop box must be 
located outside the municipal office building or the building where in-person absentee 
voting takes place before an election. If the secured drop box is positioned within or against 
an outside wall of the municipal office building, it must be bolted or otherwise securely 
fastened to the wall or to the deck or landing to prevent its removal by an unauthorized 
person. Otherwise, the secured drop box must be securely affixed to a post that is sunk into 
the ground, affixed to a post that is set into a concrete pad or bolted or otherwise securely 
affixed to a platform or other structure in a manner that prevents removal of the drop box 
by an unauthorized person. 
A municipality may seek approval from the Secretary of State to obtain and install an 
additional secured drop box or boxes at other locations within the municipality by 
certifying to the Secretary of State at least 90 days before the election that the additional 
secured drop box or boxes meet all of the requirements of this section, other than the 
requirement that the secured drop box be located outside of the municipal office building 
or the building where in-person absentee voting takes place before an election. 
4. Secured drop box design; accessibility. The slot or chute of a secured drop box 
must be designed to prevent an individual from reaching into the slot or chute and accessing 
the contents of the secure collection box and to protect the contents of the secure collection 
box from the elements. The secured drop box must include a mechanism to close and lock 
the slot or chute in a manner that prevents the deposit of additional absentee ballots at 8 
p.m. on election day as provided in subsection 8. A secured drop box must comply with 
guidelines issued by the Secretary of State to ensure accessibility to individuals with 
disabilities. 
5. Monitoring of secured drop box. During the absentee voting period, each secured 
drop box must be monitored periodically by law enforcement personnel, municipal staff or 
a surveillance camera. 
6. Labeling of secured drop box. A secured drop box must be labeled, or a sign must 
be posted on or near the secured drop box, to indicate that it is an official secured drop box 
for the return of absentee ballots. Unless the secured drop box is affixed to the outside wall 
of the municipal office building, the label or sign must include the name of the 
municipality. A municipality may include on the label or sign instructions for voters 
regarding absentee voting requirements and warnings against use of the secured drop box 
by voters of other municipalities. 
7. Use and access during absentee voting period. The secured drop box must be 
used only for the return of absentee ballots and not for the deposit of other municipal office 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 450, L.D. 1363 [ S • 2- D 1) 
filings during the absentee voting period. During the absentee voting period, only the 
municipal clerk or designees under subsection 8 may possess the key to the secured drop 
box or have access to the contents of the secured collection box. If items other than returned 
absentee ballots are deposited in the secured drop box during the absentee voting period, 
the municipal clerk or designees shall deliver those items to the appropriate municipal 
official. 
8. Periodic retrieval of ballots. During the absentee voting period, the municipal 
clerk or a team of 2 people designated by the clerk shall periodically remove absentee 
ballots from each secured drop box and deliver the absentee ballots to the clerk's office to 
be stored in a secure manner. At a minimum, absentee ballots must be removed from each 
secured drop box by the clerk or team of 2 designees: 
A. At least once on each day that the clerk's office is open during the absentee voting 
period; 
B. At all additional times necessa1y to ensure that additional absentee ballots deposited 
in the secured drop box fit within the secured collection box and are not accessible to 
unauthorized persons; and 
C. At 8 p.m. on election day. 
The identity of the persons who remove the absentee ballots from each secured drop box 
and the date and time that the absentee ballots are removed must be recorded on a form 
designed by the Secretary of State and initialed or signed by the clerk or team of 2 designees 
who removed the absentee ballots. 
9. Locking of secured drop boxes when polls close. The municipal clerk or team of 
designees under subsection 8 shall lock the secured drop box at 8 p.m. on election day to 
prevent the deposit of additional absentee ballots in the secured drop box.' 
Amend the bill by striking out all of section 14 and inserting the following: 
'Sec. 14. 21-A MRSA §753-A, sub-§3, 1A, as enacted by PL 2003, c. 447, §28, 
is amended by amending subparagraph (1) to read: 
(1) The voter's name and date of birth;' 
Amend the bill by striking out all of section 15. 
Amend the bill by striking out all of section 16 and inserting the following: 
'Sec. 16. 21-A MRSA §753-A, sub-§6, as amended by PL 2009, c. 563, §1, is 
further amended to read: 
6. Application by electronic means. A municipal clerk shall accept absentee ballot 
applications by the electronic means authorized by the Secretary of State. 
The Secretary 
of State shall design or approve the form of the absentee ballot application to be submitted 
by electronic means. 
A voter may make an application for the voter's own ballot by electronic means using the 
form designed or approved by the Secretary of State. The voter may not designate an 
immediate family member or a 3rd person to deliver the ballot on the voter's behalf. An 
electronic application must be accepted by the clerk if it contains the voter's name, the 
voter's date of birth, the voter's residence address or other address sufficient to identify the 
voter and, if applicable, a different address to which the applicant requests the ballot be 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" ,4- "to S.P. 450, L.D. 1363 {s. 2 C> 'J 
sent or delivered. The clerk shall verify that it is the voter who is requesting the ballot by 
confirming the voter's residence address and biftlt date of bi1th with the information in the 
voter's record. The clerk shall print the electronically submitted application and write 
"electronic request" on the application. 
Sec. 17. 21-A MRSA §753-A, sub-§7 is enacted to read: 
7. 
Telephone and e-mail contact information. 
In addition to any required 
information, a voter applying for an absentee ballot under this section must be asked to 
provide that voter's telephone number and e-mail address, if available. Notwithstanding 
Title 1, chapter 13, subchapter 1, the voter's telephone number and e-mail address are 
confidential and may be used only by municipal election officials to contact the voter.' 
Amend the bill by insetting after section 20 the following: 
'Sec. 21. 21-A MRSA §753-B, sub-§6, 1A, as amended by PL 2013, c. 457, §3, 
is fmther amended to read: 
A. The list of absentee voters must include each voter's name, residence address, 
voting district and party affiliation; the date and manner by which the ballot was 
·requested, issued and received; and a notation of whether the application and the ballot 
were accepted or rejected. If the clerk determines that there is a defect on the return 
envelope of an absentee ballot under section 756, subsection 2 and that defect is cured 
pursuant to section 756-A, the clerk shall note whether the ballot was accepted or 
accepted but challenged and shall list the date that the defect was cured as the date that 
the ballot was received. The clerk must also indicate on the list when the absentee 
voter is a uniformed service voter, overseas voter or township voter. By the time that 
all absentee ballots have been processed on election day, the clerk must update the 
central voter registration system or annotate the printed list of absentee voters to reflect 
all ballots that were received by the close of the polls on election day, including a 
notation of whether the ballots were accepted, accepted but challenged or rejected and 
the reasons for such rejections. This list, reflecting all absentee ballots received by the 
close of the polls, must be made available for public inspection. Any absentee voter 
certified as a participant in the Address Confidentiality Program pursuant to Title 5, 
section 90-B must be listed by the voter code assigned to that individual under the 
program instead of by the voter's name and reflect the Address Confidentiality Program 
address assigned to the voter. The list of absentee voters must be s01ted so that the 
program pa1ticipants appear at the end of the list and must be printed on a separate page 
of the list. The portion of the list of absentee voters relating to Address Confidentiality 
Program participants must be kept under seal and excluded from public inspection.' 
Amend the bill by striking out all of section 22 and inserting the following: 
'Sec. 22. 21-A MRSA §756, sub-§2, as amended by PL 2009, c. 538, §9, is further 
amended to read: 
2. Clerk to examine signatures and affidavit. The clerk shall compare the signature 
of the voter on the application, where when required, with that on the coffesponding return 
envelope. The clerk shall also examine the affidavit and witness certification, if any, on 
the return envelope. If the signatures appem· to have been made by the same person and if 
the affidavit is properly completed, the clerk shall 1,vrite "OK" and the clerk's initials on the 
return envelope. Otherwise, the clerk shall note any discrepancy on the return envelope. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" fl- "to S.P. 450, L.D. 1363 { S,- ?,_c>.:':f) 
A. · If the signatures appear to have been made by the same person and if the affidavit 
and witness certification are properly completed, when required, the clerk shall write 
"OK" and the clerk's initials on the return envelope. If the affidavit and witness 
ce1tification are properly completed, when required, and the signatures do not appear 
to have been made by the same person, but this discrepancy is apparently the result of 
the voter's having properly obtained assistance under either section 753-A, subsection 
5, or section 754-A, subsection 3, or both, then the clerk shall note the discrepancy on 
the return envelope, but shall also write "OK" and the clerk's initials on the return 
envelope. 
B. If the voter provided a telephone number or e-mail address with the voter's absentee 
ballot application and if the clerk determines that there is a discrepancy in the signature 
on the return envelope that is not described in paragraph A, that the return envelope is 
missing a signature or that the affidavit or witness certification on the return envelope 
is not properly completed, the clerk shall notify the voter pursuant to section 756-A of 
the process by which the voter may cure the defect with the return envelope. 
(l) If the defect is conected under the procedures in section 756-A prior to the 
deadline for returning absentee ballots under section 755, the clerk shall initial the 
return envelope, indicate whether the ballot is accepted or accepted but challenged 
as provided in section 756-A and, if the ballot is challenged, indicate the basis for 
the challenge. 
(2) If the defect is not conected under the procedures in section 756-A prior to the 
deadline for returning absentee ballots under section 755, the clerk shall initial the 
return envelope and indicate that the ballot is accepted but challenged or rejected 
as provided in section 756-A and the basis for rejecting or challenging the ballot. 
C. If the voter did not provide a telephone number or e-mail address with the voter's 
absentee ballot application and if the clerk determines that there is a discrepancy in the 
signature on the return envelope that is not described in paragraph A, the clerk shall 
initial the return envelope and indicate that the ballot is accepted but challenged under 
section 673, subsection 1 and indicate the basis for the challenge. The clerk is not 
required to conduct a hearing described in section 673, subsection 7 when a clerk 
accepts but challenges an absentee ballot under this paragraph. If the voter did not 
provide a telephone number or e-mail address with the voter's absentee ballot 
application and if the clerk determines that the return envelope is missing a signature 
or that the affidavit or witness ce1tification on the return envelope is not properly 
completed, the clerk shall initial the return envelope and indicate that the ballot is 
rejected and the basis for rejecting the ballot.' 
7 
Amend the bill by striking out all of section 23. 
8 
Amend the bill by striking out all of sections 24 to 27 and inserting the following: 
'Sec. 24. 21-A MRSA §756-A is enacted to read: 
§756-A. Procedures for curing absentee ballot return envelope defects 
1. Notice to voters. If the clerk determines that there is a defect on the absentee ballot 
return envelope described in section 756, subsection 2, paragraph B and the absentee voter 
provided a telephone number or e-mail address with the voter's absentee ballot application, 
the clerk shall notify the voter of the defect and explain that the ballot may be rejected or 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" fl-" to S.P. 450, L.D. 1363 (s- '2,0q) 
challenged unless the defect is cured as provided in this section. The clerk must notify the 
voter within one business day of receiving the absentee ballot, unless the absentee ballot is 
received on election day or less than 24 hours before election day, in which case the clerk 
shall make a good faith effort to notify the voter as quickly as possible. Notification must 
be made by telephone if the absentee voter provided a telephone number on the voter's 
absentee ballot application. If the clerk attempts to notify the voter by telephone but does 
not speak directly with the voter, the clerk shall leave a voice mail message if available and 
shall notify the voter by e-mail, using the e-mail address provided on the absentee ballot 
application, if any. If the voter did not provide a telephone number on the absentee ballot 
application, the clerk shall notify the voter by e-mail, using the e-mail address provided on 
the absentee ballot application, if any. 
2. Mismatched voter signatures. If the voter's signature on the return envelope does 
not appear to have been made by the same person who signed the absentee voter application 
and this discrepancy does not appear to be the result of the voter's having properly obtained 
assistance under either section 753-A, subsection 5 or section 754-A, subsection 3, or both, 
the following procedures apply. 
A. The voter may cure the defect in person or by telephone by self-identifying by 
name, date of birth and residence address and confirming that the voter requested an 
absentee ballot, the voter or the voter's aide under section 754-A, subsection 3 placed 
the absentee ballot in the return envelope and the voter personally signed the return 
envelope. If the voter confirms this information in person or by telephone before the 
deadline for returning absentee ballots under section 755, the clerk shall accept the 
ballot without challenge and make a notation on the return envelope that the voter 
confirmed by telephone that the voter personally signed the return envelope. 
B. If the voter does not cure the defect under the procedure in paragraph A before the 
deadline for returning absentee ballots under section 755, the clerk shall accept the 
ballot but challenge it pursuant to section 673, subsection 1. 
3. Missing voter signature. If the voter's signature does not appear on the return 
envelope, the following procedures apply. 
A. The voter may cure the defect in person at the clerk's office by self-identifying by 
name, date of birth and residence address and either signing the original return 
envelope or removing the absentee ballot from the original return envelope, inspecting 
the absentee ballot, sealing the absentee ballot in a new return envelope and signing 
the new return envelope. If the voter cures the defect as provided in this paragraph 
before the deadline for returning absentee ballots under section 755, the clerk shall 
accept the absentee ballot without challenge. 
B. The voter may cure the defect by telephone by self-identifying by name, date of 
birth and residence address and confirming that the voter requested an absentee ballot 
and the voter or the voter's aide under section 754-A, subsection 3 placed the absentee 
ballot in the return envelope. If the voter confirms this information, by telephone, 
before the deadline for returning absentee ballots under section 755, the clerk shall 
accept the ballot but challenge it pursuant to section 673, subsection 1. 
C. If the voter does not cure the defect under the procedures in paragraph A or B before 
the deadline for returning absentee ballots under section 755, the clerk shall reject the 
ballot in accordance with section 759, subsection 3. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A "to S.P. 450, L.D. 1363 { S · 2,,o't') 
4. Aide or witness certification incomplete. If an aide-executed affidavit or aide or 
witness certification on a return envelope that is required under section 754-A, subsection 
1, paragraph C, subsection 2, paragraph C or subsection 3, paragraph E is unsigned, 
incomplete or improperly completed, the following procedures apply. 
A. The voter may contact the voter's aide or witness and request that the aide or witness 
cure the defect by appearing in person at the clerk's office and properly completing the 
affidavit or witness certification. If the aide or witness corrects the affidavit or witness 
certification as provided in this paragraph before the deadline for returning absentee 
ballots under section 755, the clerk shall accept the absentee ballot without challenge. 
B. The voter may cure the defect by telephone by self-identifying by name, date of 
birth and residence address, confirming that the voter requested an absentee ballot and 
explaining whether a 3rd person other than the voter's immediate family member 
delivered or retumed the absentee ballot or whether the voter received the assistance 
of an aide as described in section 754-A, subsection 3 in reading, marking or placing 
the ballot in the retum envelope. If the voter provides the information required by this 
paragraph, by telephone, before the deadline for returning absentee ballots under 
section 755, the clerk shall accept the ballot but challenge it pursuant to section 673, 
subsection 1. 
C. If the voter does not cure the defect under the procedures in paragraph A or B before 
the deadline for returning absentee ballots under section 755, the clerk shall reject the 
ballot in accordance with section 759, subsection 3. 
5. Duplicate ballot. Notwithstanding section 753-B, subsection 4, a voter who 
receives notification of a defect on the voter's absentee ballot return envelope under 
subsection 1 may, instead of curing the defect pursuant to subsections 2 to 4, request that 
the clerk issue a 2nd absentee ballot to the voter. If a request for a 2nd absentee ballot is 
made under this subsection, the following procedures apply. 
A. · The clerk shall reject the first absentee ballot in accordance with section 759, 
subsection 3. 
B. The clerk shall write "second ballot issued" on the 2nd absentee ballot return 
envelope and include with the 2nd absentee ballot written instructions for signing and 
completing the affidavit and witness ce1iification on the return envelope and a written 
notice identifying the problem with the voter's first absentee ballot return envelope. 
C. The voter may request that the clerk issue the 2nd absentee ballot to the voter in 
person at the clerk's office; by mail to the address listed on the original absentee ballot 
application or on a new written absentee ballot application submitted by the voter; or 
to an immediate family member or a 3rd person listed on the original absentee ballot 
application or on a new written absentee ballot application submitted by the voter. If 
the voter does not indicate a preferred method for issuing the 2nd absentee ballot, the 
clerk shall issue the 2nd absentee ballot by mail to the address listed on the original 
absentee ballot application. 
6. Challenged ballots; bearing not required. The clerk is not required to conduct the 
hearing described in section 673, subsection 7 when a clerk accepts but challenges an 
absentee ballot under this section. 
COMMITTEE AMENDMENT 
f?os 
. 25 
COMMITTEE AMENDMENT" /4" to S.P. 450, L.D. 1363 ( S-Zoo/) 
Sec. 25. 21-A MRSA §759, sub-§2, as amended by PL 2007, c. 455, §42, is further 
amended to read: 
2. Accepted if correct. If the warden finds that the affidavit is and the aide and witness 
certification, if required, are properly completed, that the clerk has verified that the 
signature on the envelope matches the signature on the application where or that the voter 
confirmed that the voter personally signed the return envelope pursuant to section 756-A, 
subsection 2 when applicable, that the peFSOO voter is registered and enrolled where when 
necessary, the warden shall then examine the incoming voting list to determine whether the 
voter voted in person at the election. The warden shall then announce the name of each 
absentee voter who has not voted at the election and remove each ballot from its envelope 
without destroying the envelope or unfolding the ballot. After having an election clerk 
from a political party different from that of the warden mark the letters "AV" beside the 
name of each absentee voter on the incoming voting lists and place a check mark or 
horizontal line in red ink on the list beside the voter's name, the warden shall accept the 
ballot. 
Sec. 26. 21-A MRSA §759, sub-§3, 1A, as amended by PL 1999, c. 645, §9, is 
repealed. 
Sec. 27. 21-A MRSA §759, sub-§3, 1A-1 is enacted to read: 
A-1. The clerk's notes on the envelope indicate that the ballot was rejected; 
Sec. 28. 21-A MRSA §759, sub-§3, 18, as enacted by PL 1985, c. 161, §6, is 
repealed. 
Sec. 29. 21-A MRSA §765 is enacted to read: 
§765. Absentee ballot tracking 
The Secretaiy of State shall establish and maintain an online service that allows a voter 
who requests an absentee ballot to track the status of the absentee ballot process . 
Sec. 30. 21-A MRSA §803, as amended by PL 1989, c. 166, §6, is fmther amended 
to read: 
§803. Duties of Governor 
As soon as possible after the presidential electors are chosen, the Governor shall send 
a certificate of the determination of the electors to the Archivist of the United States under 
the state seal. The certificate shall must state the names of the electors and the number of 
votes 1.vhich each received each candidate for President received statewide and for each 
congressional district in the final round of tabulation under section 723-A. The Governor 
shall deliver 6 certificates under the state seal to the electors on or before the first Monday 
after the 2nd Wednesday of December, following their election. 
Sec. 31. Effective date. That section of this Act that enacts the Maine Revised 
Statutes, Title 21-A, section 232, subsection 5 takes effect January I, 2022.' 
Amend the bill by relettering or renumbering any nonconsecutive Pait letter or section 
number to read consecutively. 
COMMITTEE AMENDMENT 
Ros 
COMMITTEE AMENDMENT" /J." to S.P. 450, L.D. 1363 ( S~ t 01) 
SUMMARY 
This amendment, which is the majority report of the committee, makes the following 
changes to the bill. 
1. It clarifies that the requirement that the Department of the Secretary of State, Bureau 
of Motor Vehicles scan documentation when creating a pending voter registration record 
· for an individual who has not opted out of automatic voter registration applies only to 
documentation that provides proof of voter eligibility. It also delays from January 1, 2022 
to June 1, 2022 the date upon which the bureau is required to conduct automatic voter 
registration. 
2. It strikes the provision of the bill that changes the requirements for a political party 
to retain its qualification. 
3. It reorganizes and streamlines the provisions of the bill that establish the 
requirements for secured drop boxes for absentee ballots and the process by which a voter 
may cure a defect on the return envelope for an absentee ballot. It also clarifies that, when 
a voter cures a defect on the return envelope, the municipal clerk must update the voter 
registration system to list the date that the defect was cured as the date that the absentee 
ballot was received. 
4. It clarifies that a written request for an absentee ballot must include the voter's date • 
of birth and an electronic application for an absentee ballot must include the voter's name, 
date of birth, residence address or other address sufficient to identify the voter and, if 
appl-icable, a different address to which the voter requests the ballot be sent or delivered. 
5. It clarifies that, as in current law, an absentee ballot must be rejected if the voter is 
not registered to vot~ or, when necessary to vote in a primary election, when the voter is 
not enrolled in the relevant political party. 
6. It requires the Secretary of State to establish and maintain an online service that 
allows an absentee voter to track the status of the absentee ballot process. 
7. It provides that, when certifying the results of the general election for United States 
President in the State, the Governor must report the number of votes that each candidate 
for President received statewide and for each congressional district in the final round of 
ranked-choice voting tabulation. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05/28/21 feac 
LD 1363 
LR439(02) 
An Act To Amend the Laws Governing Elections 
Fiscal Note for Bill as Amended by Committee Amendment '1t' (5~ 2,0'9J 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Department of Secretary of State associated with this legislation can be absorbed within -
existing budgeted resources.