An Act To Amend the Election Laws
Maine Legislature, Session 130, LD 1830
Committee: Veterans and Legal Affairs
Sponsors: LUCHINI, HICKMAN, COREY, RIELLY, SUPICA, WOOD
Amends: 21-A MRSA §112-A, 21-A MRSA §381, 21-A MRSA §382, 21-A MRSA §753-B, 21-A MRSA §901-A, 21-A MRSA §903, 21-A MRSA §905, 21-A MRSA §905-A

Legislative Document
No. 1830
S.P. 647
In Senate, December 22, 2021
An Act To Amend the Election Laws
Submitted by the Secretary of State pursuant to Joint Rule 203.
Received by the Secretary of the Senate on December 20, 2021.  Referred to the Committee 
on Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LUCHINI of Hancock.
Cosponsored by Senator: HICKMAN of Kennebec, Representatives: COREY of Windham, 
McCREIGHT of Harpswell, RIELLY of Westbrook, SUPICA of Bangor, WOOD of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  21-A MRSA §112-A, sub-§1, as enacted by PL 2009, c. 253, §11, is 
amended to read:
1.  Government-issued photograph identification document or credential.  A 
government-issued photograph identification document or credential, including, but not 
limited to, a current and valid United States passport, military identification, driver's license 
or, state identification or identification card issued by a federally recognized Indian tribe;
Sec. 2.  21-A MRSA §381, sub-§1, as amended by PL 1997, c. 436, §56, is further 
amended to read:
1.  Nominees chosen.  The Governor shall order the appropriate political committees 
to meet and shall set the deadline for choosing nominees. The deadline may not be sooner 
than the 15th day after the date of the Governor's proclamation declaring a vacancy. The 
political committees shall follow the procedure outlined in section 363.
Sec. 3.  21-A MRSA §382, sub-§1, as amended by PL 2011, c. 409, §2, is further 
amended to read:
1.  Nominees chosen.  The Governor shall order the appropriate political committees 
to meet and shall set the deadline for choosing nominees, which may not be less than 15 
days following the. The deadline may not be sooner than the 15th day after the date of the 
Governor's proclamation declaring a vacancy.  The political committees shall follow the 
procedure outlined in section 363.
Sec. 4.  21-A MRSA §753-B, sub-§5, as repealed and replaced by PL 2019, c. 371, 
§35, is repealed and the following enacted in its place:
5.  Alternate method of balloting by residents of certain licensed facilities.  
Residents of certain nursing homes, residential care facilities and assisted living programs 
may cast absentee ballots under the provisions of this subsection. This subsection applies 
to a licensed nursing home subject to the provisions of Title 22, chapter 405; a licensed 
level IV residential care facility subject to the provisions of Title 22, chapter 1664; and a 
licensed assisted living program with more than 6 beds subject to the provisions of Title 
22, chapter 1664.
A.  The municipal clerk shall designate one time during the 30-day period prior to an 
election during which the municipal clerk shall be present in each facility to which this 
subsection applies in the municipality for the purpose of conducting absentee voting 
by residents of these facilities. The clerk shall designate which areas in these facilities 
constitute the voting place, the voting booth and the guardrail enclosure. The clerk shall 
post a notice in the municipal office that absentee voting will be conducted as 
prescribed in this subsection. The clerk shall provide a notice to each facility of the 
date and time when absentee voting will be conducted. The notice must state that the 
facility is required to notify the contact person or persons, if any, for each resident that 
absentee voting will be conducted. Each facility must provide notice, which may be in 
the form of an e-mail or an electronic newsletter, to the contact person or persons, if 
any, for each resident of the date and time when absentee voting will be conducted at 
the facility. Sections 681 and 682 apply to voting in these facilities within the areas 
designated by the clerk. As used in this subsection, "level IV residential care facility" 
means a residential care facility as defined by Title 22, section 7852, subsection 14 that 
has a licensed capacity of more than 6 residents.
B.  To protect public health, the Secretary of State may designate procedures for 
conducting absentee balloting in a facility to which this subsection applies that differ 
from the procedures described in paragraph A if:
(1)  The Department of Health and Human Services declares a health emergency 
under Title 22, section 802, subsection 2;
(2)  The Governor declares an extreme public health emergency under Title 22, 
section 802, subsection 2-A; or
(3)  The Department of Health and Human Services determines that a public health 
threat, as defined in Title 22, section 801, subsection 10, threatens the health, 
welfare or safety of the residents of a facility described in paragraph A.
Procedures designated under this paragraph remain in effect for the duration of the 
health emergency, extreme public health emergency or public health threat, as the case 
may be.
Sec. 5.  21-A MRSA §901-A, sub-§2, as amended by PL 2009, c. 611, §1, is further 
amended to read:
2.  Required statements; placement of information.  On each page of a petition that 
contains space intended for voter signatures, the Secretary of State shall include a space at 
the top right or left corner of each such page to be submitted to the voters, which must be 
filled in with the name of the circulator collecting signatures on that petition and a unique 
identifying number, and. On the first page of a petition only, the Secretary of State shall 
include the fiscal impact of the initiative as described in Title 1, section 353 directly below 
the following statement at the top of the petition in a type size of no less than 16 points:
"Freedom of Citizen Information: Before a registered voter signs any initiative petition, 
signature gatherers must offer the voter the opportunity to read the proposed initiative 
summary and fiscal impact statement prepared by the Secretary of State."
Sec. 6.  21-A MRSA §903, as enacted by PL 1985, c. 161, §6, is amended to read:
§903.  Instructions to be printed on
The Secretary of State shall prepare complete instructions to inform the clerk and the 
signer or circulator of a petition of the statutory and constitutional requirements. The 
instructions must specify the conditions which that have been held to invalidate either 
individual signatures or complete petitions. The instructions must be printed in bold type 
or capital letters on the petition.
Sec. 7.  21-A MRSA §905, sub-§2, as amended by PL 2009, c. 611, §6, is further 
amended to read:
2.  Superior Court.  Any voter named in the application under section 901, or any 
person who has validly signed the petitions, if these petitions are determined to be invalid, 
or any other voter, if these petitions are determined to be valid, may appeal the decision of 
the Secretary of State by commencing an action in the Superior Court. This action must be 
conducted in accordance with the Maine Rules of Civil Procedure, Rule 80C, except as 
modified by this section.  In reviewing the decision of the Secretary of State, the court shall 
determine whether the description of the subject matter is understandable to a reasonable 
voter reading the question for the first time and will not mislead a reasonable voter who 
understands the proposed legislation into voting contrary to that voter's wishes.  This action 
must be commenced within 10 days of the date of the decision of the Secretary of State.  
Upon timely application, anyone may intervene in this action when the applicant claims an 
interest relating to the subject matter of the petitions, unless the applicant's interest is 
adequately represented by existing parties.  The court shall issue its written decision 
containing its findings of fact and stating the reasons for its decision within 40 days of 
before the 40th day after the date of the decision of the Secretary of State or the 90th day 
before the date of the election in which the initiative or referendum will appear on the 
ballot, whichever occurs first.
Sec. 8.  21-A MRSA §905-A, first ¶, as enacted by PL 2007, c. 234, §6, is amended 
to read:
No later than 10 15 business days after the Legislature adjourns sine die Secretary of 
State issues a written decision under section 905, subsection 1 finding a petition for a direct 
initiative to be valid, the Secretary of State shall give public notice of a proposed ballot 
question for any that initiative that will be submitted to the voters at the next statewide 
election or special election by posting all proposed ballot questions the question on the 
Secretary of State's publicly accessible website.  The Secretary of State may also publish 
notice for one day in newspapers having general circulation in the State.  After giving 
public notice of a the proposed ballot question in accordance with this section, the Secretary 
of State shall provide a 30-day public comment period for the purpose of receiving 
comments on the content and form of the proposed questions to be placed on the ballot for 
any pending initiatives question.  No later than 10 days after receiving public comments in 
accordance with this section and after review of those comments, the Secretary of State 
shall write the ballot question for any pending the initiative. An aggrieved voter may appeal 
the final decision of the Secretary of State under this section using the procedures for court 
review provided for in section 905, subsections 2 and 3.
SUMMARY
This bill makes the following changes to the laws governing elections.
1. It adds identification cards issued by federally recognized Indian tribes as acceptable 
proof of identity of an applicant who is registering to vote.
2. It requires a minimum of 15 days for a political committee to caucus and nominate 
a candidate for a vacancy in the office of State Senator or Representative to the Legislature.
3. It permits the Secretary of State to designate procedures that deviate from statutory 
requirements for absentee balloting in certain nursing homes, residential care facilities and 
assisted living programs as may be necessary to protect public health during a declared 
health emergency, a declared extreme public health emergency or a public health threat 
affecting residents in those facilities.
4. It clarifies that the fiscal impact statement for an initiative petition must be printed 
only on the first page of the petition.
5. It removes the requirement that the instructions on a petition be printed in bold type 
or capital letters.
6. It changes the timing of when the Secretary of State must draft a proposed ballot 
question for a direct initiative to 15 business days after the determination that an initiative 
petition is valid.
7. It requires aggrieved voters seeking to bring a legal challenge to the form or content 
of a ballot question to follow the procedures applicable to challenges to the Secretary of 
State's determination of the validity of direct initiative and people's veto petitions and 
adjusts those procedures to require the Superior Court to issue a written decision before 40 
days after the Secretary of State's decision or 90 days before the election in which the 
initiative or referendum will appear on the ballot, whichever occurs first.