An Act To Amend the Laws Governing Elections
Maine Legislature, Session 130, LD 1363
Committee: Veterans and Legal Affairs
Sponsors: LUCHINI, CAIAZZO
Amends: 21-A MRSA §1, 21-A MRSA §153-A, 21-A MRSA §232, 21-A MRSA §301, 21-A MRSA §335, 21-A MRSA §340, 21-A MRSA §354, 21-A MRSA §441, 21-A MRSA §442, 21-A MRSA §503-A, 21-A MRSA §601, 21-A MRSA §723-A, 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

Legislative Document
No. 1363
S.P. 450
In Senate, April 7, 2021
An Act To Amend the Laws Governing Elections
Submitted by the Secretary of State pursuant to Joint Rule 204
Received by the Secretary of the Senate on April 5, 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 Representative CAIAZZO of Scarborough.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  21-A MRSA §1, sub-§27-C, as amended by PL 2019, c. 320, §1 and c. 539, 
§§1 and 2 and affected by §6, is repealed and the following enacted in its place:
27-C.  Elections determined by ranked-choice voting.  "Elections determined by 
ranked-choice voting" means any of the following elections in which 3 or more candidates 
have qualified to be listed on the ballot for a particular office or at least 2 such candidates 
plus one or more declared write‑in candidates have qualified for that particular office:
A.  Primary elections for the offices of United States Senator, United States 
Representative to Congress, Governor, State Senator and State Representative;
B.  General and special elections for the offices of United States Senator and United 
States Representative to Congress;
D.  General elections for presidential electors; and
E.  Primary elections for the office of President of the United States.
Sec. 2.  21-A MRSA §153-A, sub-§3, as amended by PL 2005, c. 568, §6, is further 
amended to read:
3.  Signing petitions.  Once an alternative registration signature statement is on file 
with the registrar, the voter may authorize any other Maine-registered voter to sign 
candidate petitions, direct initiative of legislation petitions, people's veto petitions and any 
Maine Clean Election Act forms requiring a voter's signature in the presence and at the 
direction of the voter, except that the individual assisting the voter may not be a candidate, 
the circulator of the petition or form, the voter's employer or an agent of that employer or 
an officer or agent of the voter's union.  In addition to using the voter's signature stamp or 
signing for the voter, the individual assisting the voter must print and sign the individual's 
own name and residence address on the petition or form and attest that the individual is 
signing on the voter's behalf.  This method of signing satisfies the requirements in this Title 
that voters personally sign candidate petitions.  This method of signing also satisfies the 
requirements of the Constitution of Maine, Article IV, Part Third, Section 20 that petitions 
for the direct initiative of legislation and people's veto petitions contain the original 
signatures of the petitioners.
Sec. 3.  21-A MRSA §232, sub-§1, as enacted by PL 2019, c. 409, §6 and affected 
by §9, is amended to read:
1.  Application for driver's license or nondriver identification card; creation of 
pending voter registration record.  If an individual applies for, renews or updates a 
driver's license or nondriver identification card from the bureau, unless the individual opts 
out under section 234, the bureau shall scan record the documentation provided by the 
individual and create a pending voter registration record for that individual, which must be 
stored electronically in the bureau's database.  The pending voter registration record and 
the record of the accompanying scanned documentation must be in a searchable, auditable 
format.
Sec. 4.  21-A MRSA §301, sub-§1, ¶E, as amended by PL 2017, c. 254, §1, is 
further amended to read:
E.  At The party's candidate for Governor or for President received at least 5% of the 
total vote cast in the State for Governor or for President in the last preceding 
gubernatorial or presidential election or at least 10,000 voters were enrolled in the party 
voted in as of the last general election, except that a qualified party does not have to 
meet this enrollment until the 2nd general election after it has qualified and thereafter.
Sec. 5.  21-A MRSA §335, sub-§5, as amended by PL 2019, c. 445, §1, is further 
amended to read:
5.  Number of signatures required.  Petitions must be signed by the following 
numbers of voters:
A.  For a candidate for Governor, at least 2,000 and not more than 3,000 2,500 voters;
B.  For a candidate for United States Senator, at least 2,000 and not more than 3,000 
2,500 voters;
B-3.  For a candidate for the office of President of the United States, at least 2,000 and 
not more than 3,000 2,500 voters.;
C.  For a candidate for Representative to Congress, at least 1,000 and not more than 
1,500 1,250 voters;
D.  For a candidate for county office other than county commissioner, at least 150 and 
not more than 200 voters;
E.  For a candidate for county commissioner, at least 50 and not more than 75 voters;
F.  For a candidate for State Senator, at least 100 and not more than 150 voters; and
G.  For a candidate for State Representative, at least 25 and not more than 40 voters.
Sec. 6.  21-A MRSA §340, as enacted by PL 1987, c. 423, §3, is amended to read:
§340.  Notice of parties of qualified primary voters
1.  Notice to Secretary of State.  No later than February 1st of the election year, each 
political party eligible to participate in a primary election shall notify the Secretary of State 
of the enrollment qualifications, subject to the restrictions in section 144, for voters of 
whether unenrolled voters will be eligible to vote in that party's primary.  If no notice is 
received by that date, only voters enrolled in a political party may vote in that party's 
primary.
2.  Notice to municipal clerks.  The Secretary of State shall inform all municipal clerks 
of the qualifications necessary for voters to participate in each party's primary.  The clerks 
Secretary of State shall establish procedures to ensure that all qualified primary voters are 
offered ballots for each party in which primary election the voters are qualified to vote.  A 
voter may vote in the primary election of only one qualified party.
Sec. 7.  21-A MRSA §354, sub-§5, as amended by PL 1991, c. 362, §§2 and 3, is 
further amended to read:
5.  Number of signatures required.  Nomination petitions must be signed by the 
following numbers of voters:
A.  For a slate of candidates for the office of presidential elector, at least 4,000 and not 
more than 6,000 5,000 voters;
B.  For a candidate for Governor, at least 4,000 and not more than 6,000 5,000 voters;
C.  For a candidate for United States Senator, at least 4,000 and not more than 6,000 
5,000 voters;
D.  For a candidate for United States Representative, at least 2,000 and not more than 
3,000 2,500 voters;
E.  For a candidate for county office other than county commissioner or county charter 
commission member, at least 300 and not more than 400 voters;
E-1.  For a candidate for county commissioner, at least 100 and not more than 150 
voters;
F.  For a candidate for State Senator, at least 200 and not more than 300 voters;
G.  For a candidate for State Representative, at least 50 and not more than 80 voters; 
and
H.  For a candidate for county charter commission member, at least 50 and not more 
than 80 voters.
Sec. 8.  21-A MRSA §441, as enacted by PL 2019, c. 445, §4, is amended to read:
§441.  Determination and date of primary; voter eligibility
1.  Determination of primary.  No later than November October 1st of the year prior 
to a presidential election year, the state committee of each party shall certify whether there 
is a contest among candidates for nomination as the presidential candidate.  Upon receiving 
the certification from one or more parties, the Secretary of State shall announce the parties 
that will have a presidential primary election, which must be held on the first Tuesday after 
the first Monday in March of the presidential election year.
2.  Eligible voter.  No later than December October 1st of the year prior to a 
presidential election year, the state committee of each party shall notify the Secretary of 
State of the enrollment qualifications, subject to the restrictions in section 144, for voters 
eligible of whether unenrolled voters will be eligible to vote in that party's presidential 
primary election.  If no notice is received by that date, only voters enrolled in a political 
party may vote in that party's presidential primary election.  A voter may vote in the primary 
election of only one qualified party.
Sec. 9.  21-A MRSA §442, as enacted by PL 2019, c. 445, §4, is amended to read:
§442.  Petitions
On or before November October 1st of the year prior to a presidential election year, the 
Secretary of State shall prepare and make available petitions for circulation by a person 
desiring to be a candidate in the state presidential primary election of any party.  Petitions 
must be delivered to the registrar, or clerk at the request or upon the absence of the registrar, 
for certification by 5 p.m. on November 20th of the year prior to a presidential election 
year.  This petition Petitions must be completed and filed with the Secretary of State no 
later than 5:00 5 p.m. on December 21st 1st of the year prior to a presidential election year 
in the manner provided in sections 335 and 336.
Sec. 10.  21-A MRSA §503-A, sub-§1, as enacted by PL 2019, c. 64, §2, is 
amended to read:
1.  Qualifications; compensation.  Election clerks must be at least 18 years of age, 
must be registered to vote and must be residents of the municipality or the county in which 
they serve, except that residents of a municipality or county who are 17 16 years of age and 
who are conditionally registered to vote pursuant to section 155 also qualify to serve as 
election clerks.  Election clerks are entitled to reasonable compensation as determined by 
the municipal officers.
Sec. 11.  21-A MRSA §601, sub-§3, as amended by PL 2007, c. 455, §19, is further 
amended to read:
3.  Order of offices.  The order of offices on the ballot is as follows:  President, United 
States Senator, Governor, Representative to Congress, State Senator and Representative to 
the Legislature, and the county offices in the following order: judge of probate, register of 
probate, county treasurer, register of deeds, sheriff, district attorney and county 
commissioner, except that the order may be modified to allow ranked-choice contests to be 
printed on the opposite side of the ballot, separate from contests other than ranked-choice 
contests.
Sec. 12.  21-A MRSA §723-A, sub-§5-B, as enacted by PL 2019, c. 539, §3 and 
affected by §6, is amended to read:
5-B.  Presidential primary elections; selection of delegates.  Notwithstanding any 
provision of this section to the contrary, for presidential primary elections, batch 
elimination may not be used for any candidates with more than 100 votes, tabulation must 
continue until only 2 continuing candidates remain, separate tabulations must be conducted 
statewide and for each congressional district and selection and allocation of delegates to a 
party's national presidential nominating convention must be in accordance with any 
reasonable procedures established at the state party convention.
Sec. 13.  21-A MRSA §752-B is enacted to read:
§752-B.  Exterior absentee ballot drop boxes or drop slots
A municipality may obtain and deploy an absentee ballot drop box or drop slot for use 
by voters of that municipality to return their voted ballots without requiring contact with 
an election official.  A municipality may obtain and deploy additional absentee ballot drop 
boxes at other locations within the municipality, subject to the approval of the Secretary of 
State.  The clerk must submit a certification to the Secretary of State at least 90 days before 
the election that the additional absentee ballot drop boxes will meet the requirements of 
this section, other than the requirements for location outside the municipal office building. 
Delivery to an absentee ballot drop box or drop slot pursuant to this section constitutes 
delivery to the clerk as provided in section 754-A.  An absentee ballot drop box or drop 
slot must comply with guidelines issued by the Secretary of State to ensure accessibility to 
individuals with disabilities and must meet the following requirements.
1.  Security; location.  An absentee ballot drop box or drop slot must be located outside 
the municipal office building or the building where in-person absentee voting is taking 
place before an election, if separate from the municipal office building.  The absentee ballot 
drop box or drop slot must be secured so that it cannot be moved or removed by any 
unauthorized person.  If the absentee ballot drop box or drop slot is positioned against an 
outside wall of the building, it must be bolted or otherwise securely fastened to the building 
wall or to the deck or landing.  If the absentee ballot drop box is located away from the 
municipal building, it must be set onto a post that is sunk into the ground or set into a 
concrete pad or bolted or otherwise securely affixed to a platform or other structure. When 
in use for an election, the absentee ballot drop box or drop slot must be monitored 
periodically by law enforcement personnel, municipal staff or a surveillance camera.  A 
drop slot must be attached to a secure collection box.
2.  Secure method for ballot deposit.  An absentee ballot drop box must provide a 
slot or chute that the voter can use to deposit an absentee ballot envelope into a collection 
box.  This slot or chute must be designed so that it prevents anyone from reaching in and 
accessing absentee ballot envelopes deposited into the box and so that the deposited ballots 
are protected from the elements.  The slot or chute also must have a mechanism to close 
and lock the absentee ballot drop box so that no ballots can be deposited once it is closed 
and locked.  The absentee ballot drop box may not consist simply of a slot in an outside 
doorway to the municipal building or allow the envelopes to fall to the floor and remain 
unsecured.  A slot or drop slot must feed directly into a secure, locked collection box, so 
that the deposited absentee ballot envelopes remain secured until the municipal clerk or 
designee removes the envelopes and secures them in the clerk’s office.
3.  Clear label.  An absentee ballot drop box or drop slot must be labeled, or a sign 
must be posted on or near the absentee ballot drop box or drop slot, to indicate that it is an 
official absentee ballot drop box or drop slot.  Unless an absentee ballot drop box is affixed 
to the outside wall of the municipal office building, it must display the name of the 
municipality.  An absentee ballot drop box may have an additional sign instructing voters 
about absentee voting requirements, including warnings against use by voters of other 
municipalities.
4.  Use and access during absentee voting period.  During the period when absentee 
voting is taking place before an election, the absentee ballot drop box or drop slot must be 
used only for collection of absentee ballot envelopes and not for other municipal office 
filings or payments.  The contents of an absentee ballot drop box or drop slot collection 
box must be accessible only to the municipal clerk or designees.  No other municipal staff 
may have keys or access to the drop box or drop slot collection box contents during the 
absentee voting period.  If items other than absentee ballot envelopes are deposited into an 
absentee ballot drop box, the municipal clerk or designee is responsible for delivering those 
items to the appropriate municipal official.
5.  Periodic retrieval of ballots.  An absentee ballot drop box must have a locking 
access door or cover that allows the municipal clerk or designee to open and retrieve the 
absentee ballot envelopes.  During the absentee voting period, the municipal clerk or a team 
of 2 people designated by the clerk must periodically remove absentee ballot envelopes 
from an absentee ballot drop box and deliver the envelopes to the municipal clerk's office 
to be secured until they can be processed.  At a minimum, absentee ballot envelopes must 
be retrieved on each day that the municipal clerk's staff is working in the office.  Absentee 
ballot envelopes may be retrieved on other days as necessary based on the level of absentee 
voting to ensure that the absentee ballot drop box does not get so full that no other absentee 
ballot envelopes can be deposited and so that deposited absentee ballot envelopes do not 
become accessible to unauthorized persons.  The municipality must keep a log noting each 
time an absentee ballot drop box is emptied and have each person emptying the absentee 
ballot drop box initial or sign the log.  The log form must be designed by the Secretary of 
State.  On election night, the clerk or team of designees shall arrive at the absentee ballot 
drop box just before 8 p.m. and wait until 8 p.m. to remove the deposited absentee ballot 
envelopes and lock the slot or chute so that no other voters can deposit absentee ballot 
envelopes after the deadline for returning absentee ballot envelopes under section 755.
Sec. 14.  21-A MRSA §753-A, sub-§3, ¶D is enacted to read:
D.  If the voter wishes to have an opportunity to cure any defect in the absentee ballot 
that is submitted by the voter, in addition to the information required in paragraph A, 
the following information must be provided:  
(1)  The voter's telephone number, if applicable; and
(2)  The voter's e-mail address, if applicable.
The information, if provided by the voter, is confidential and may be used by the 
municipal election officials only to contact the voter.
Sec. 15.  21-A MRSA §753-A, sub-§4, as amended by PL 2003, c. 447, §29, is 
further amended to read:
4.  Application by telephone.  A voter may make a telephone application for the voter's 
own ballot.  In this case, the voter may not designate an immediate family member or a 3rd 
person to deliver the ballot on the voter's behalf.  The clerk shall ask the voter for the 
information required and complete the application, with the exception of the voter's 
signature, and shall write "telephone request" on the application.  The clerk shall also obtain 
the voter's birth date and write it on the application.  The clerk shall verify that it is the 
voter who is requesting the ballot by confirming the voter's residence address and birth date 
with the information in the voter's record.  A telephone 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 sent or delivered information required for a 
request in writing under subsection 3, except that the signature of the voter is not required.
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.  The 
clerk shall verify that it is the voter who is requesting the ballot by confirming the voter's 
residence address and birth date with the information in the voter's record.  The clerk shall 
print the electronically submitted application and write "electronic request" on the 
application.  An application by electronic means must be accepted by the clerk if it contains 
the information required for a request in writing under subsection 3, except that the 
signature of the voter is not required.
Sec. 17.  21-A MRSA §753-B, sub-§1, as amended by PL 2011, c. 399, §22, is 
further amended to read:
1.  Application or written request received.  Upon receipt of an application or written 
request for an absentee ballot that is accepted pursuant to section 753‑A, and after the 
official ballots become available, the clerk shall immediately issue an absentee ballot and 
return envelope by mail or in person to the applicant or to the immediate family member 
or to a 3rd person designated in a written application or request made by the voter, except 
as provided in subsection 2.  The clerk shall type or write in ink the name and the residence 
address of the voter in the designated section of the return envelope.
Sec. 18.  21-A MRSA §753-B, sub-§2, ¶C, as enacted by PL 2011, c. 399, §23, is 
amended to read:
C.  To a 3rd person who already has been issued 5 absentee ballots for voters in the 
municipality, until the 3rd person has returned one of those ballots; or
Sec. 19.  21-A MRSA §753-B, sub-§2, ¶D, as amended by PL 2011, c. 534, §18, 
is further amended by amending subparagraph (4) to read:
(4)  An incapacity or illness that has resulted in the voter's being unable to leave 
home or a treatment facility.; or
Sec. 20.  21-A MRSA §753-B, sub-§2, ¶E is enacted to read:
E.  To any candidate, except for the candidate's own ballot.
Sec. 21.  21-A MRSA §753-B, sub-§8, as amended by PL 2011, c. 399, §24, is 
further amended to read:
8.  Absentee voting in presence of clerk.  A person who wishes to vote by absentee 
ballot may, without completing an application, vote by absentee ballot in the presence of 
the clerk, except as provided in subsection 2.  Before issuing a ballot, the clerk shall verify 
that it is the voter who is requesting the ballot by confirming the voter's residence address 
and year of birth with the information in the voter's record.  The method of voting is 
otherwise as prescribed in this article.  After the person has voted, the clerk shall sign the 
affidavit on the return envelope as a witness, indicate on the envelope that the voter voted 
in the presence of a clerk and ensure that the affidavit on the return envelope is properly 
completed by the voter.  For the 45 days preceding an election, during the hours when the 
clerk's office is open and may be conducting absentee voting, the display or distribution of 
any advertising material intended to influence a voter's decision regarding a candidate or 
question on the ballot for that election is prohibited within the clerk's office and on public 
property within 250 feet of the entrance to the building in which the clerk's office is located.
This subsection does not apply to the display or distribution of any campaign advertising 
material on private property that is within 250 feet of the entrance to the building in which 
the clerk's office is located.  For purposes of this section, "private property" includes 
privately owned property subject to a public right-of-way that is an easement right-of-way.
This subsection does not apply to campaign advertising material on automobiles traveling 
to and from the municipal office or parked on municipal property while the occupants are 
visiting the municipal office to conduct municipal business.  It does not prohibit a person 
who is at the municipal office for the purpose of conducting municipal business or for 
absentee voting from wearing a campaign button when the longest dimension of the button 
does not exceed 3 inches.
Sec. 22.  21-A MRSA §756, sub-§2, as amended by PL 2009, c. 538, §9, is 
repealed.
Sec. 23.  21-A MRSA §756, sub-§2-A is enacted to read:
2-A.  Clerk to examine absentee ballot envelopes upon return.  The clerk shall 
examine the absentee ballot envelope upon receipt from the voter and proceed as follows.
A.  If no defects are detected, the clerk shall write "OK" and the clerk's initials on the 
return envelope.
B.  If the clerk detects a potential defect as described in section 756-A, the clerk shall 
hold the envelope aside for up to 2 business days while attempting to notify the voter, 
note the potential defect in the section of the envelope reserved for the clerk's notes 
and follow the procedures for curing defects on absentee ballot envelopes pursuant to 
section 756-A.
(1)  If the defect is cured while the ballot is being held and the ballot is accepted 
with or without a challenge, the clerk shall make a notation in the section of the 
envelope reserved for the clerk's notes that the ballot is accepted, or accepted but 
challenged, along with an explanation.
(2)  If the potential defect is not cured while the ballot is being held by the clerk, 
the clerk shall make a notation in the section of the envelope reserved for the clerk's 
notes that the ballot is rejected and the reason why.  If the voter subsequently cures 
the defect in accordance with section 756-A, the notation in the section of the 
envelope reserved for the clerk's notes must be changed from rejected to accepted, 
or to accepted but challenged, as applicable.
Sec. 24.  21-A MRSA §756-A is enacted to read:
§756-A.  Procedures for curing defects on absentee ballot envelopes
1.  Notice to voters.  Within one business day of noting a defect on an absentee ballot 
envelope pursuant to section 756, subsection 2-A, the clerk shall notify the voter of the 
defect and that the ballot may be rejected or challenged unless the defect is cured.  If the 
ballot is received on election day or less than 24 hours before election day, the clerk shall 
make a good faith effort to notify the voter as quickly as possible. Notification must be 
made by telephone, using the telephone number provided on the absentee ballot 
application.  If the clerk does not speak directly with the voter by telephone, the clerk shall 
leave a voice mail message if available and shall also notify the voter by e-mail, using the 
e-mail address provided on the absentee ballot application.
2.  Procedure for curing defects; mismatched voter signatures.  If the voter 
signature on the envelope does not appear to have been written by the voter whose signature 
appears on the absentee ballot application, the clerk shall:
A.  Notify the voter of the issue by e-mail, asking the voter to call the clerk, or shall 
call the voter and ask the voter to self-identify by name, date of birth and voting 
residence as if the voter were making a telephone request for an absentee ballot 
pursuant to section 753-A, subsection 4;
B.  Verify that the voter requested a ballot, cast the ballot and placed the ballot in the 
envelope or had the voter's assistant under section 754-A, subsection 5 do so; and
C.  Verify that the voter signed the envelope.  If the voter verifies that the voter signed 
the envelope, the clerk shall accept the ballot without challenge and make a notation in 
the section of the envelope reserved for the clerk's notes that the voter confirmed that 
the voter personally signed the envelope. 
If the clerk is unable to reach the voter before 8 p.m. on election day, the clerk shall accept 
the ballot but challenge it in accordance with section 673, subsection 1.
3.  Procedure for curing defects; missing voter signature.  If the defect is a missing 
voter signature, the clerk shall notify the voter of the defect by telephone or e-mail and 
inform the voter of the following options: 
A.  The voter may come to the town office, and after the clerk verifies the voter's 
identity, the clerk must allow the voter to sign the envelope or, at the voter's option, 
open the envelope, inspect the ballot and sign a new envelope after the verified ballot 
is sealed inside;
B.  The voter may request a duplicate ballot; or
C.  If the voter does not wish to choose an option under paragraph A or B, but the voter 
self-identifies by name, date of birth and voting residence address over the telephone 
with the clerk and acknowledges to the clerk that the voter requested a ballot, cast the 
ballot and placed the ballot in the envelope or had an aide under section 754-A, 
subsection 3 do so, the clerk shall accept the ballot but challenge it in accordance with 
section 673, subsection 1.
If the voter does not respond to the telephone call or e-mail or does not cure the defect by 
p.m. on election day, the ballot must be rejected in accordance with section 759, 
subsection 3.
4.  Procedure for curing defects; aide or witness certificate incomplete.  If the aide 
or witness certification under section 754-A, subsection 2 or 3 is unsigned, not completed 
or completed incorrectly for a ballot with which the voter has been assisted or that has been 
handled by a person other than the voter's immediate family member, the clerk shall notify 
the voter of the defect by telephone or e-mail and inform the voter of the following options: 
A.  The voter may ask the witness or aide to come to the town office to sign and 
properly complete the affidavit, and if the aide or witness does so, the clerk shall accept 
the ballot;
B.  The voter may request a duplicate ballot; or
C.  If the voter does not wish to choose an option under paragraph A or B, but self-
identifies by name, date of birth and voting residence address over the telephone with 
the clerk and describes how the voter received the ballot, who assisted the voter if 
applicable and who delivered and returned the ballot if it was a person other than the 
voter's immediate family member, the clerk shall accept the ballot but challenge it in 
accordance with section 673, subsection 1.
If the voter does not respond to the telephone call or e-mail or does not cure the defect by 
p.m. on election day, the ballot must be rejected in accordance with section 759, 
subsection 3.
5.  Duplicate ballot issued.  In response to any of the circumstances listed in 
subsections 2 to 4, if the clerk issues a duplicate ballot to the voter, the clerk shall enclose 
a note stating the reason for sending the ballot and remind the voter what the voter needs 
to do to comply.  The clerk shall also write "second ballot issued" on the return envelope.
A.  The clerk shall provide the duplicate ballot in the manner requested by the voter, 
which may include issuance to the voter in person at the municipal office, by postal 
mail to the address requested on the original absentee ballot application or by delivery 
by an immediate family member or 3rd person as designated on the original application 
or authorized in writing by the voter.
B.  If the clerk is unable to reach the voter by telephone or e-mail to determine the 
voter's preferred method of receiving a duplicate ballot, the clerk shall send a duplicate 
ballot by postal mail to the voter's address or to the address listed on the original 
absentee ballot request, if different.
C.  The duplicate ballot must be received in the clerk's office by 8 p.m. on election day 
in order to be counted.  If a duplicate ballot has been issued to a voter, only one 
completed and returned ballot from that voter may be accepted and counted.
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 properly completed, 
that the clerk has verified that the signature on the envelope matches the signature on the 
application where applicable, or confirmed that it is the voter's signature in accordance with 
section 756-A, subsection 2, and that the person is registered and enrolled where 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, as amended by PL 2009, c. 538, §10, is 
repealed.
Sec. 27.  21-A MRSA §759, sub-§3-A is enacted to read:
3-A.  Rejected if incorrect.  The warden may not open the envelope and shall write 
"Rejected" on it, the reason why the ballot is rejected and the warden's initials if the warden 
finds that:
A.  The clerk’s notes on the envelope confirm that the absentee ballot defect was not 
cured and the ballot cannot be accepted and challenged according to the procedures for 
curing defects under section 756-A, subsection 2;
B.  The voter has voted in person; or
C.  The ballot was received by the clerk after the deadline.
SUMMARY
This bill makes the following changes to the election laws.
1.  It repeals and replaces the definition of "elections determined by ranked-choice 
voting" in order to remove a conflict in the law.
2.  It provides that a voter with an alternative registration signature statement on file 
with the municipal registrar may authorize any other Maine-registered voter to sign a 
citizen's initiative or people's veto petition for the voter.
3.  It replaces the requirement that the Department of the Secretary of State, Bureau of 
Motor Vehicles scan documentation that will be used to create a pending voter registration 
record for an individual who has not opted out of automatic voter registration and who 
applies for a driver's license or nondriver identification card with a requirement that the 
bureau record the individual's documentation for pending voter registration record purposes 
and clarifies that this pending voter registration process also applies to renewals and 
updates of driver's licenses and nondriver identification cards.
4.  It changes the requirements for a political party to retain its qualification to provide 
that a party retains its qualification if the party's candidate for Governor or President 
received at least 5% of the total vote in the preceding gubernatorial or presidential election 
or at least 10,000 voters were enrolled in the party as of the last general election.
5.  It changes the maximum number of signatures a party or nonparty candidate for 
certain offices must file in order to gain ballot access.
6.  It provides that a qualified party must notify the Secretary of State by February 1st 
of the election year whether unenrolled voters will be eligible to vote in the party's primary.  
It also clarifies that a voter may vote in the primary election of only one qualified party.
7.  It changes the date by which a qualified party must notify the Secretary of State of 
whether there is a contest for nomination as the party's presidential candidate.  It changes 
the date by which a party must notify the Secretary of State of whether unenrolled voters 
will be eligible to vote in the party's presidential primary.  The bill also changes the date 
by which the Secretary of State must make petitions available for the presidential primary 
and sets November 20th as the deadline to file petitions with the municipal registrar and 
December 1st as the deadline to file with the Secretary of State.
8.  It provides that a person who is 16 years of age and who is conditionally registered 
to vote is qualified to serve as an election clerk.
9.  It provides that the order of offices on the ballot may be modified to allow a ranked-
choice contest to be printed on a separate side of the ballot from contests other than ranked-
choice.
10.  It clarifies the process for conducting the ranked-choice tabulation for presidential 
primary elections.
11.  It provides requirements for an absentee ballot drop box.
12.  It provides that a voter wishing to cure a defect in the voter's absentee ballot must 
provide the voter's telephone number and e-mail address.  The bill also specifies that this 
information, if provided, is confidential and may be used only by municipal election 
officials.
13.  It clarifies that the signature of a voter is not required for an absentee ballot 
application by telephone or electronic means.
14.  It clarifies that the clerk, upon receipt of an accepted application, must immediately 
issue an absentee ballot and return envelope as soon as official ballots become available.
15.  It adds a restriction on issuing an absentee ballot to a candidate unless it is the 
candidate's own ballot.  
16.  It provides that the clerk must verify it is the voter requesting an absentee ballot 
when a voter requests to vote an absentee ballot in the clerk's presence by confirming the 
voter's residence address and year of birth.
17.  It clarifies the process that the clerk must follow to examine absentee ballot 
envelopes returned from voters.
18.  It provides a procedure for the clerk to follow to assist voters in curing defects in 
their absentee ballot envelopes that would otherwise cause the ballot to be challenged or 
rejected.