An Act To Amend the Election Laws
Maine Legislature, Session 130, LD 1830
Committee Amendment CA_A_S462 (Senate)
Amends: 21-A MRSA §753-B, 21-A MRSA §901, 21-A MRSA §905

COMMITTEE AMENDMENT" A "to S.P. 647, L.D. 1830, "An Act To Amend the 
Election Laws" 
Amend the bill by striking out all of section 4 and inserting the following: 
'Sec. 4. 21-A MRSA §753-B, sub-§5, as repealed and replaced by PL 2019, c. 371, 
§35, is repealed and the following enacted in its place: 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 absentee voting 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. 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. 
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 shall 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 
6 
designated by the clerk. 
COMMITTEE AMENDMENT 
~os 
COMMITTEE AMENDMENT" A "to S.P. 647, L.D.1830 (S-L\lo. 2J 
B. To protect public health, the Secretary of State may designate procedures for 
conducting absentee voting for the residents of 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 
underTitle 22, section 802, subsection 2; 
(2) The Governor declares an extreme public health emergency under Title 22, 
section 802, subsection 2-A; 
(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 municipal clerk or the residents of a facility described in 
this subsection; or 
(4) A facility described in this subsection prohibits the municipal clerk from 
entering the facility. 
Procedures designated under this paragraph remain in effect for the duration of the 
health emergency, extreme public health emergency or public health threat or for as 
long as the municipal clerk remains prohibited from entering the facility,· as the case 
maybe. 
• 
Sec. 5. 21-A MRSA §901, sub-§4, as amended by PL 2007, c. 234, §2, is further 
amended to read: 
4. Ballot question. The ballot question for an initiative or a people's veto referendum 
must be drafted by the Secretary of State in accordance with section 906 and rules adopted 
in accordance with the Maine Administrative Procedure Act. The Secretary of State shall 
provide the ballot question to the applicant for a people's veto referendum within 10 
business days after receipt of a properly completed application. If an initiative is filed with 
the Secretary of State and certified pursuant to the Constitution of Maine, Article N, Part 
Third, Section 18 as having a sufficient number of signatures and is not enacted v1ithout 
change by the Legislature at the session at 1i'lhich it is presented, then the Secretary of State 
shall propose a ballot question to be submitted for public comment as provided in section 
905-A.' 
Amend the bill in section 5 in subsection 2 in the 6th line (page 2, line 23 in L.D.) by 
inserting after the following: "include the" the following: 'summary prepared under section 
901, subsection 5 and the' 
Amend the bill in section 5 in subsection 2 in the last line (page 2, line 27 in L.D.) by 
striking out the following: "prepared by the Secretary of State" and inserting the following: 
'prepared by the Secretary of State' 
Amend the bill by striking out all of section 7 and inserting the following: 
'Sec. 7. 21-A MRSA §905, sub-§2, as amended by PL2009, 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 
COMMITTEE AMENDMENT 
~os 
COMMIITEEAMENDMENT" ,t"toS.P.647,L.D .. 1830 (~- Lf(e'L) 
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. +his 
Except as provided in subsection 4. 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 advance the action on the docket and give it priority over other cases when 
the court determines the interests of justice so require. The court shall issue its written 
decision containing its findings of fact and stating the reasons for its decision within 4 0 
days of the date of before the 40th day after the decision of the Secretary of State. 
Sec. 8. 21-A MRSA §905, sub-§3, as amended by PL 1987, c. 119, §1, is further 
amended to read: 
3. Supreme Judicial Court. Any aggrieved party may appeal the decision of the 
Superior Court, on questions of law, by filing a notice of appeal within 3 days of that 
decision. The appellant must file the required number of copies of the record with the clerk 
within 3 days after filing notice of appeal. After a notice of appeal is filed, the parties have 
days to file briefs with the clerk of courts. As soon as the record and briefs have been 
filed, the court shall immediately consider the case. The standard of review shall must be 
the same as for the Superior Court. +he Except as provided in subsection 4, the court shall 
issue its decision within 3 0 days of the date of the decision of the Superior Court. 
Sec. 9. 21-A MRSA §905, sub-§4 is enacted to read: 
4. Expedited proceedings. If the Secretary of State's written decision on the validity 
of a petition under subsection 1 is issued within 120 days of the general or statewide 
election in which the people's veto referendum or direct initiative. if fmally determined to 
be valid, will appear on the ballot, the following modifications to the procedures established 
in subsections 2 and 3 apply: 
A. An appeal under subsection 2 must be commenced within 5 days of the date on 
which the Secretary of State's written decision was issued under subsection I, unless 
the Secretary of State fails to provide notice of the 5-day deadline in the written 
decision; 
B. The Superior Court shall conduct the appeal in accordance with subsection 2, except 
that the court shall issue its written decision containing its findings of fact and stating 
the reasons for its decision no later than 60 days prior to the general or statewide 
election in which the people's veto referendum or direct initiative, if finally determined 
to be valid, will appear on the ballot. In establishing the timeline for the proceedings 
and in issuing its written decision, the Superior Court shall give due regard to the 
deadline for completion of a further appeal under paragraph C; and 
C. If an aggrieved party files an appeal with the Supreme Judicial Court under 
subsection 3, the court shall issue its decision no later than 5 0 days prior to the general 
or statewide election in which the people's veto referendum or direct initiative, if finally 
determined to be valid. will appear on the ballot.' 
COMMITTEE AMENDMENT 
~os 
COMMITTEE AMENDMENT" ft "to S.P. 647, L.D. 1830 L S-Lf le-z) 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the majority report of the committee, makes the following 
changes to the bill. 
1. It provides that the alternative procedures that the bill authorizes the Secretary of 
State to develop for absentee voting in certain nursing homes, residential care facilities and 
assisted living programs when necessary to protect public health during a health emergency 
declared by the Department of Health and Human Services or an extreme public health 
emergency declared by the Governor or when the department determines that there is a 
public health threat to the residents in a facility may also apply when the department 
determines that there is a public health threat to the municipal clerk or when, even in the 
absence of such a declared threat, the facility prohibits the municipal clerk from entering 
the facility. 
2. It clarifies that the fiscal impact statement prepared by the Office of Fiscal and 
Program Review and the summary of the proposed law prepared by the Revisor of Statutes 
must appear only on the first page of a citizens initiative petition directly below the 
statutorily required statement informing voters that they have the right to read the summary 
arid fiscal impact statement. 
3. It establishes an expedited process for processing appeals from a Secretary of State 
determination of the validity of a people's veto referendum petition or direct initiative 
petition that is made within 120 days of the election in which the referendum or initiative 
may appear on the ballot. 
COMMITTEE AMENDMENT