An Act To Update the Voter Registration Process
Maine Legislature, Session 130, LD 1126
Committee: Veterans and Legal Affairs
Sponsors: PIERCE, BREEN, CAIAZZO, FECTEAU, MARTIN, MORIARTY, WOOD, HICKMAN, LUCHINI
Amends: 21-A MRSA §1, 21-A MRSA §121, 21-A MRSA §121-A, 21-A MRSA §129, 21-A MRSA §130, 21-A MRSA §142, 21-A MRSA §144, 21-A MRSA §145, 21-A MRSA §152

Legislative Document
No. 1126
H.P. 804
House of Representatives, March 22, 2021
An Act To Update the Voter Registration Process
Received by the Clerk of the House on March 18, 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 Representative PIERCE of Falmouth.
Cosponsored by Senator BREEN of Cumberland and
Representatives: CAIAZZO of Scarborough, Speaker FECTEAU of Biddeford, MARTIN of 
Eagle Lake, MORIARTY of Cumberland, WOOD of Portland, Senators: HICKMAN of 
Kennebec, LUCHINI of Hancock.
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  21-A MRSA §1, sub-§27-D is enacted to read:
27-D.  Online voter registration application.  "Online voter registration application" 
means the electronic voter registration application form created by the Secretary of State 
pursuant to section 152 and available on the Secretary of State's publicly accessible website 
and through which, in accordance with the rules adopted under section 152, subsection 6, 
an individual may register to vote and enroll in a party or a registered voter may enroll in 
a party, change the voter's party enrollment, withdraw from a party or notify the appropriate 
registrar of voters of a change in the voter's name or address when the voter's name is 
changed due to marriage or other process of law or when the voter has moved within a 
municipality.
Sec. A-2.  21-A MRSA §121, sub-§1-A, as amended by PL 2011, c. 534, §4, is 
further amended to read:
1-A.  Identification and proof.  Registration applications taken by outside agencies 
must be transferred to the Secretary of State within 5 days of receipt.  An applicant who 
attempts to register within 30 days of an election must be advised that the registrar might 
not receive the application before the deadline for online, mail or 3rd-person registration 
set forth in section 121‑A, but that the applicant may register in person no later than the 
deadline for in-person registration set forth in section 121‑A.
Registration applications received by the Secretary of State from outside agencies 30 days 
or more before an election must be transferred to the appropriate registrar's office within 7 
business days of receipt.  Registration applications received by the Secretary of State from 
outside agencies less than 30 days before an election must be transferred to the appropriate 
registrar's office within 5 business days of receipt.  Registration applications submitted 
online must be received by the Secretary of State by midnight on the 21st day before 
election day and must be transmitted to the appropriate registrar's office daily.  Registration 
applications by mail or by a 3rd person must be received in the registrar's office by the 
close of business on the 21st day before election day in order for persons' names to appear 
on the incoming voting list for that election.  The 20-day period before the election is the 
closed period for outside registrations.  The registrar shall send the notice required by 
section 122 no later than the 18th day before election day to all voters whose applications 
were received submitted online, submitted by mail or submitted by a 3rd person as long as 
the registrar received the application by the 21st day before election day no later than the 
18th day before election day.
A person who registers in person shall show proof of identity and residency.  If satisfactory 
proof of identity and residency can not be provided to the registrar or deputy, the person's 
name is entered into the central voter registration system and placed on the incoming voting 
list and the person casts a challenged ballot.  If the person shows satisfactory proof of 
identity and residency prior to voting on election day, the person's ballot is not challenged.
Sec. A-3.  21-A MRSA §121-A, as enacted by PL 2011, c. 534, §5, is amended to 
read:
§121-A.  Deadline for registration
The deadline for receipt of voter registration applications submitted by mail or by a 3rd 
person is the close of business on the 21st day before election day.  The deadline for receipt 
of voter registration applications submitted online is midnight on the 21st day before 
election day.  The deadline for in-person registration is the close of the polls on election 
day.
Sec. A-4.  21-A MRSA §129, sub-§1, as corrected by RR 2019, c. 2, Pt. B, §37, is 
amended to read:
1.  Notice.  The voter must give written notice to the registrar of the voter's new and 
former names or addresses before the close of registrations prior to election day or provide 
notice through the online voter registration application available on the Secretary of State's 
publicly accessible website.
Sec. A-5.  21-A MRSA §130, as amended by PL 2011, c. 534, §9, is further amended 
to read:
§130.  Applications for voter registration
A person who completes a written or online voter registration application, as provided 
in section 152, may submit the application online, mail the application or have the 
application delivered to the registrar in the person's municipality of residence before the 
deadline for online, mail or 3rd-person registrations in section 121‑A, to be entered into the 
central voter registration system and placed on the incoming voting list prior to the next 
election; except that applications completed under section 122, subsection 5 may be 
delivered during the closed period for immediate placement on the incoming voting list.
Sec. A-6.  21-A MRSA §142, first ¶, as amended by PL 1989, c. 313, §3, is further 
amended to read:
A voter who had initially chosen not to enroll in a particular party may later enroll in a 
party by filing an application with the registrar personally, or by mail or otherwise by 
submitting an online voter registration application through the Secretary of State's publicly 
accessible website, at any time, except that on election day a voter must enroll in person.
Sec. A-7.  21-A MRSA §144, first ¶, as amended by PL 2017, c. 248, §1, is further 
amended to read:
A voter may change the voter's enrollment after 3 months from the date on which the 
voter enrolled by filing an application with the registrar personally, by mail or otherwise 
by submitting an online voter registration application through the Secretary of State's 
publicly accessible website. When a voter files an application to change enrollment on the 
day of a primary election, the application is deemed received the following business day.
Sec. A-8.  21-A MRSA §144, sub-§1, as amended by PL 2017, c. 248, §2, is further 
amended to read:
1.  Content of application.  The application must contain the following information:  
Name of applicant, the date of birth, residence address, name of party in which enrollment 
is requested, signature of the applicant and the date of application.  If the voter submits an 
online voter registration application through the Secretary of State's publicly accessible 
website, the applicant must meet the requirements of section 152, subsection 1, paragraph 
K to satisfy the signature requirement of this subsection.
Sec. A-9.  21-A MRSA §145, first ¶, as amended by PL 2017, c. 248, §3, is further 
amended to read:
A voter may withdraw the voter's enrollment after 3 months from the date on which 
the voter enrolled through an online voter registration application on the Secretary of State's 
publicly accessible website or by filing a written request with the registrar. When a voter 
files an application to withdraw enrollment on the day of a primary election, the application 
is deemed received the following business day.
Sec. A-10.  21-A MRSA §152, sub-§1, as amended by PL 2019, c. 409, §3 and 
affected by §9, is further amended to read:
1.  Application.  In addition to the procedures provided by section 122 and subchapter 
9, a person may register to vote or enroll in a political party, or both, by completing an a 
written application that is designed by the Secretary of State or by submitting an online 
voter registration application through the Secretary of State's publicly accessible website.  
The application must include, but is not limited to:
A.  The legal name of the voter, in one of the following combinations:
(1)  First name and last name;
(2)  First initial, middle name and last name; or
(3)  First name, middle name or middle initial and last name;
B.  Residence address, including street, street number, apartment number, town and zip 
code;
C.  Mailing address;
D.  Date of birth;
F.  Most recent prior residence where registered to vote, including the municipality, 
county and state, and the name under which previously registered, if changed;
H.  Notification that failure to complete the entire application may prevent registration;
J.  Date of application;
K.  Signature of applicant collected in a way that ensures the quality and integrity of 
the signature. If the applicant submits an online voter registration application through 
the Secretary of State's publicly accessible website, the applicant satisfies the signature 
requirement of this paragraph by submitting a current, valid Maine driver's license 
number or nondriver identification card number or, if the applicant does not have a 
current, valid Maine driver's license or nondriver identification card, by submitting an 
electronic image of the applicant's signature;
L.  Choice of political party if the applicant desires to enroll in a political party or an 
indication that the applicant chose not to enroll in a party;
M.  A place for the person's applicant's current, valid Maine driver's license number or 
nondriver identification card number, if applicable; or, if the applicant has no Maine 
driver's license number or nondriver identification card, the last 4 digits of the person's 
applicant's social security number, if applicable; or, if the application is submitted in 
writing and the applicant has neither number, a place to put "none" or "not applicable"; 
and
N.  A place for the applicant to respond to the questions concerning the voter's 
qualifications as required by the federal Help America Vote Act of 2002, Public Law 
107-252.; and
O.  A place for the applicant to attest to the truth of the information provided in the 
application.
Sec. A-11.  21-A MRSA §152, sub-§5, as amended by PL 2003, c. 407, §9, is 
further amended to read:
5.  Design of written application.  The Secretary of State shall design the written 
application that meets the requirements of subsection 1.  The Secretary of State may design 
an application that can be completed electronically and that substantially meets the 
requirements of this section.
Sec. A-12.  21-A MRSA §152, sub-§6 is enacted to read:
6.  Design of online voter registration application; rulemaking.  The Secretary of 
State shall design the online voter registration application that meets the requirements of 
subsection 1 and that can be submitted online through the Secretary of State's publicly 
accessible website.  The Secretary of State shall adopt rules governing the online voter 
registration process, which must, at a minimum, include the following:
A.  A requirement that an applicant may not register to vote using the online voter 
registration application unless the applicant discloses a current, valid Maine driver's 
license number or nondriver identification card number or discloses the last 4 digits of 
the applicant's social security number;
B.  A process for informing an applicant who discloses a current, valid Maine driver's 
license number or nondriver identification card number that disclosure of that number 
constitutes consent to the use of the applicant's signature on the driver's license or 
nondriver identification card for all purposes for which a signature on a written 
application for voter registration is used under this Title;
C.  A process for an applicant who discloses the last 4 digits of the applicant's social 
security number to include with the online voter registration application an electronic 
image of the applicant's signature and for the applicant to consent to the use of that 
electronic image of the applicant's signature for all purposes for which a signature on 
a written application for voter registration is used under this Title;
D.  A process for transmitting any driver's license number or nondriver identification 
card number from an online voter registration application along with the applicant's 
name and date of birth to the central voter registration system; for determining whether 
the information entered in the central voter registration system matches the information  
in the driver's license or nondriver identification card records maintained by the 
Department of the Secretary of State, Bureau of Motor Vehicles and, if a match is 
found, for transmitting an electronic image of the applicant's signature on that driver's 
license or nondriver identification card from the bureau to the central voter registration 
system;
E.  A process for matching the last 4 digits of a social security number provided in an 
online voter registration application and the applicant's name and date of birth with the 
information available from the United States Social Security Administration;
F.  A process for transmitting the contents of each online voter registration application 
and the electronic image of the signature of that applicant to the appropriate registrar 
of voters;
G.  Minimum procedures and security measures for ensuring the accuracy and security 
of online voter registration applications;
H.  A process and form for a registered voter whose name is changed by marriage or 
other process of law or who has moved within a municipality to notify the appropriate 
registrar of voters pursuant to section 129 of the registered voter's new name or address 
through the Secretary of State's publicly accessible website; and
I.  A process and form for a registered voter to enroll in a party pursuant to section 142, 
to change the voter's party enrollment pursuant to section 144 or to withdraw from a 
party pursuant to section 145 through the Secretary of State's publicly accessible 
website.
The Secretary of State may also adopt rules establishing standards and a process for the 
approval of one or more 3rd-party organizations to submit to the Secretary of State 
electronic voter registration applications that meet all of the requirements of this section, 
except the requirement that an applicant submit an online voter registration application 
through the Secretary of State's publicly accessible website.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2‑A.
Sec. A-13.  Effective date.  This Part takes effect January 1, 2023.
PART B
Sec. B-1.  Report.  By June 30, 2022, the Secretary of State shall submit a report, 
which may include recommended legislation, to the Joint Standing Committee on Veterans 
and Legal Affairs on the feasibility of and progress made toward implementing a system 
for 3rd-party organizations to collect and to submit to the Secretary of State electronic voter 
registration applications.  The Joint Standing Committee on Veterans and Legal Affairs 
may report out legislation to the Second Regular Session of the 130th Legislature based on 
the report.
SUMMARY
This bill requires the Department of the Secretary of State to create a process for 
accepting online voter registration applications through the Secretary of State's publicly 
accessible website beginning January 1, 2023. The deadline for receipt of voter registration 
applications submitted online is midnight on the 21st day before election day.
Under the bill, an individual submitting an online voter registration application must 
submit a current, valid Maine driver's license or nondriver identification card number or 
the last 4 digits of the applicant's social security number.  The Secretary of State must 
establish a process for verifying the identity of each online voter registration applicant 
using the applicant's name, date of birth and the applicant's driver's license number or 
nondriver identification number or the last 4 digits of the applicant's social security number.  
In addition, an applicant who submits a driver's license or nondriver identification card 
number with the applicant's online voter registration must consent to use of an electronic 
image of the signature on the applicant's driver's license or nondriver identification card as 
the applicant's voter registration signature.  An applicant who submits the last 4 digits of 
the applicant's social security number instead of a driver's license or nondriver 
identification card number must include an electronic image of the applicant's signature 
with the applicant's online voter registration application.  
The bill further directs the Secretary of State to create a process for a previously 
registered voter whose name is changed by marriage or other process of law or who has 
moved within a municipality to notify the appropriate registrar of voters of the voter's new 
name or address through the online voter registration application on the Secretary of State's 
publicly accessible website beginning January 1, 2023 as well as processes for a registered 
but unenrolled voter to enroll in a party and for a registered and enrolled voter to change 
the voter's party enrollment or to withdraw from a party through the online voter 
registration application beginning January 1, 2023.
Finally, the bill directs the Secretary of State to submit a report by June 30, 2022 to the 
Joint Standing Committee on Veterans and Legal Affairs on the feasibility of and progress 
made toward implementing a system for 3rd-party organizations to collect and to submit 
electronic voter registration applications to the Secretary of State.