An Act to Make General Election Day a State Holiday and to Allow Certain Employees an Opportunity to Vote
Maine Legislature, Session 131, LD 1239
Committee: State and Local Government
Sponsors: COLLINGS, DHALAC, DUSON, ABDI, DANA, KUHN, RANA, TALBOT ROSS, BRENNER, HICKMAN, JACKSON
Amends: 4 MRSA §1051, 5 MRSA §60, 9-B MRSA §145, 20-A MRSA §4802, 26 MRSA §605

Legislative Document
No. 1239
H.P. 787
House of Representatives, March 21, 2023
An Act to Make General Election Day a State Holiday and to Allow 
Certain Employees an Opportunity to Vote
Reference to the Committee on State and Local Government suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative COLLINGS of Portland.
Cosponsored by Representative DHALAC of South Portland,
Senator DUSON of Cumberland and
Representatives: ABDI of Lewiston, DANA of the Passamaquoddy Tribe, KUHN of Falmouth, 
RANA of Bangor, Speaker TALBOT ROSS of Portland, Senators: BRENNER of Cumberland, 
HICKMAN of Kennebec, President JACKSON of Aroostook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  4 MRSA §1051, as repealed and replaced by PL 2021, c. 676, Pt. A, §2, is 
repealed and the following enacted in its place:
§1051.  Closings for legal holidays
This section governs the days on which court may not be held.
1.  Legal holidays.  Court may not be held on Sunday or:
A.  New Year's Day, January 1st;
B.  Martin Luther King, Jr. Day, the 3rd Monday in January;
C.  Presidents' Day, the 3rd Monday in February;
D.  Patriot's Day, the 3rd Monday in April;
E.  Memorial Day, the last Monday in May, but if the Federal Government designates 
May 30th as the date for observance of Memorial Day, the 30th of May;
F.  Juneteenth, June 19th;
G.  Independence Day, July 4th;
H.  Labor Day, the first Monday of September;
I.  Indigenous Peoples Day, the 2nd Monday in October;
J.  Election Day, the Tuesday following the first Monday in November in an even-
numbered year;
K.  Veterans Day, November 11th; or
L.  Any day designated for the annual Thanksgiving; or
M.  Christmas Day, December 25th.
2.  Exception; Sundays.  The Chief Justice of the Supreme Judicial Court may order 
that court be held on a legal holiday when the Chief Justice finds that the interests of justice 
and judicial economy in any particular case will be served.  The public offices in county 
buildings may be closed to business on the holidays named in this section.  When any one 
of the holidays named in this section falls on Sunday, the Monday following must be 
observed as a holiday, with all the privileges applying to any of the days named in this 
section.
Sec. 2.  5 MRSA §60 is enacted to read:
§60.  Election Day established as state holiday
Election Day, the Tuesday following the first Monday in November in an even-
numbered year, is a state holiday and all nonessential state offices must be closed.
Sec. 3.  9-B MRSA §145, sub-§1, ¶I-1 is enacted to read:
I-1.  The Tuesday following the first Monday in November in an even-numbered year, 
Election Day;
Sec. 4.  20-A MRSA §4802, sub-§1, ¶E-1 is enacted to read:
E-1.  Election Day, the Tuesday following the first Monday in November in an even-
numbered year;
Sec. 5.  26 MRSA §605 is enacted to read:
§605.  Election Day opportunity to vote
An employer shall provide an employee 3 consecutive hours in which to vote on the 
day of the general election, which is the Tuesday following the first Monday in November 
in an even-numbered year, during polling times established by the employee's municipality 
pursuant to Title 21-A, section 626.  
1.  Employee's working hours allow 3 consecutive hours.  If the employee's working 
hours allow the employee 3 consecutive hours in which to vote in accordance with this 
section, the employer is not required to provide the employee paid time off.
2.  Employee's working hours do not allow 3 consecutive hours. If the employee's 
working hours do not allow the employee 3 consecutive hours in which to vote in 
accordance with this section, the employer shall provide the employee paid time off 
sufficient to allow the employee 3 consecutive hours in which to vote in accordance with 
this section.  The employer may schedule the paid time off in any manner that permits the 
employee 3 consecutive hours in which to vote in accordance with this section.
3.  Posting required.  For at least 10 days before each general election, an employer 
shall post notice of the requirements of this law in the workplace in a manner likely to be 
seen by all employees.  The Secretary of State shall prepare and supply to employers, on 
request, the notice that must be posted under this subsection.  
For the purposes of this section, "employee" means a person in the service of an 
employer under any contract of hire, express or implied, oral or written, and "employer" 
means any person or entity, public or private, who employs an employee.
SUMMARY
This bill designates Election Day, the Tuesday following the first Monday in 
November in an even-numbered year, as a state holiday.  It also establishes a requirement 
that employers provide an employee 3 consecutive hours in which to vote on the day of the 
general election.  If the employee's working hours do not allow the employee 3 consecutive 
hours in which to vote, the employer shall provide the employee paid time off sufficient to 
allow the employee 3 consecutive hours in which to vote.  It also requires that an employer, 
at least 10 days before each general election, post notice of these requirements in the 
workplace in a manner likely to be seen by all employees.  The Secretary of State is directed 
to prepare and supply employers the notice that must be posted.