An Act To Establish Ongoing Absentee Voting
Maine Legislature, Session 130, LD 0148
Committee: Veterans and Legal Affairs
Sponsors: FECTEAU
Amends: 21-A MRSA §753-A, 21-A MRSA §753-B, 21-A MRSA §756

Legislative Document
No. 148
H.P. 104
House of Representatives, January 21, 2021
An Act To Establish Ongoing Absentee Voting
Received by the Clerk of the House on January 19, 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 Speaker FECTEAU of Biddeford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  21-A MRSA §753-A, sub-§7 is enacted to read:
7.  Application for ongoing absentee voter status.  A voter may apply for status as 
an ongoing absentee voter.  Each qualified applicant must automatically receive an 
absentee ballot for each ensuing statewide election, municipal election and any other 
election for which the voter is entitled to vote and need not submit a separate request for 
each election.
A.  An application must be made by a voter using procedures designed by the Secretary 
of State.  These procedures must include a process for notifying the voter that if the 
voter moves out of the municipality, that voter's status as an ongoing absentee voter in 
that municipality terminates.  A voter may obtain assistance in completing an 
application for ongoing absentee voter status pursuant to subsection 5.
B.  The clerk or Secretary of State shall terminate a voter's ongoing absentee voter 
status only upon:
(1)  The written request of the voter;
(2)  The death or disqualification of the voter;
(3)  The cancellation of the voter's registration record in the central voter 
registration system;
(4)  The return of an absentee ballot as undeliverable; or
(5)  The designation of the voter's status as inactive in the central voter registration 
system.
This subsection does not apply to uniformed service voters or overseas voters who are 
covered by the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 United 
States Code, Section 20302 (2019).
Sec. 2.  21-A MRSA §753-A, sub-§8 is enacted to read:
8.  Telephone and e-mail contact information.  In addition to any other information 
required, a voter applying for an absentee ballot or an ongoing absentee ballot must be 
asked to provide that voter's telephone number and e-mail address, if available.
Sec. 3.  21-A MRSA §753-B, sub-§1-A is enacted to read:
1-A.  Ballot issued to ongoing absentee voter.  Upon receipt of absentee ballots, the 
clerk shall immediately issue an absentee ballot and return envelope by mail to any voter 
who has qualified for ongoing absentee voter status under section 753-A, subsection 7.
Sec. 4.  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 required, with that on the corresponding return 
envelope.  The clerk shall examine the affidavit on the return envelope.  If the clerk notes 
a discrepancy in signature on the return envelope, the return envelope is missing a signature 
or the affidavit on the return envelope is not properly completed, the clerk shall make a 
good faith effort to notify the voter within 24 hours by mail, telephone or e-mail of the 
procedure by which the voter may cure the discrepancy, correct the missing signature or 
properly complete the affidavit on the return envelope.  If the signatures appear to have 
been made by the same person and if the affidavit is properly completed, the clerk shall 
write "OK" and the clerk's initials on the return envelope.  Otherwise, the clerk shall note 
any discrepancy on the return envelope.
A.  If 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.
Sec. 5.  Effective date. This Act takes effect January 1, 2023.
SUMMARY
This bill provides a process for a voter to request ongoing absentee voter status, which 
allows the voter to automatically receive an absentee ballot for each statewide election, 
municipal election and any other election until the status is terminated.  It provides that if 
the clerk notes a discrepancy in signature on the return envelope of an absentee ballot, the 
return envelope is missing a signature or the affidavit on the return envelope is not properly 
completed, the clerk shall make a good faith effort to notify the voter within 24 hours by 
mail, telephone or e-mail of the procedure by which the voter may cure the discrepancy, 
correct the missing signature or properly complete the affidavit on the return envelope.  It 
provides an effective date of January 1, 2023.