An Act to Improve Election Laws and Notarial Laws
Maine Legislature, Session 131, LD 1980
Committee: Veterans and Legal Affairs
Sponsors: HICKMAN
Amends: 21-A MRSA §122-A, 21-A MRSA §152, 21-A MRSA §158, 21-A MRSA §311, 21-A MRSA §336, 21-A MRSA §355, 21-A MRSA §363, 21-A MRSA §367, 21-A MRSA §681, 21-A MRSA §691, 21-A MRSA §722-A, 21-A MRSA §723-A, 21-A MRSA §737-A, 21-A MRSA §753-A, 21-A MRSA §753-B, 21-A MRSA §753-C, 21-A MRSA §760-B, 21-A MRSA §766, 21-A MRSA §777-A, 21-A MRSA §781-A, 21-A MRSA §903-A, 4 MRSA §1916, 30-A MRSA §7005

Legislative Document
No. 1980
S.P. 809
In Senate, May 22, 2023
An Act to Improve Election Laws and Notarial Laws
Submitted by the Secretary of State pursuant to Joint Rule 204.
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator HICKMAN of Kennebec.
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  21-A MRSA §122-A, as amended by PL 2019, c. 409, §1 and affected 
by §9, is further amended to read:
§122-A.  Alternative registration procedure for participants in Address 
Confidentiality Program
Notwithstanding sections 122 and 152 and subchapter 9, a person who is certified by 
the Secretary of State as a program participant in the Address Confidentiality Program 
pursuant to Title 5, section 90‑B may register to vote using the designated address and voter 
code assigned to that person pursuant to rules adopted to implement the program.  To 
register to vote, a voter must present the registrar with that voter's authorization card 
assigned to the voter pursuant to rules adopted by the Secretary of State showing that voter's 
name, voter code, designated address and certification expiration date submit a completed 
registration application to the elections division of the Secretary of State's office, using the 
assigned voter code instead of the voter's name and the designated program address instead 
of the voter's actual residence street address, and provide the certification expiration date.  
The registrar may contact the Address Confidentiality Program administrator in the 
Secretary of State's office to shall determine the voter's eligibility to register in the 
municipality listed on the Address Confidentiality Program application and to shall verify 
the electoral district districts in which the voter is voting for purposes of issuing an absentee 
ballot eligible to vote so that the elections division may register the voter and issue absentee 
ballots for state elections to the voter pursuant to section 753‑C.  All registration records 
for such voters must be designated as confidential and kept sealed in the registrar's office 
elections division offices.  The name of any voter certified as a program participant in the 
Address Confidentiality Program may not be placed on any voter list that is available for 
public inspection or copying.
Sec. A-2.  21-A MRSA §152, sub-§6, as enacted by PL 2021, c. 439, §13 and 
affected by §15, is amended to read:
6.  Design of online voter registration application; rulemaking.  The No later than 
February 1, 2024, 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 online registration 
application must be designed to prevent an applicant from registering to vote unless the 
applicant discloses a current, valid Maine driver's license number or nondriver 
identification number or the last 4 digits of the applicant's social security number.
The No later than February 1, 2024, the Secretary of State shall adopt rules governing the 
online voter registration process, which must, at a minimum, include the following:
A.  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;
B.  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;
C.  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 and 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;
D.  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;
E.  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;
F.  Minimum procedures and security measures for ensuring the accuracy and security 
of online voter registration applications;
G.  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 online voter registration application; and
H.  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 online voter registration application.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2‑A.
Sec. A-3.  21-A MRSA §158, as amended by PL 2009, c. 253, §14, is repealed.
Sec. A-4.  21-A MRSA §311, sub-§1, as amended by PL 2017, c. 248, §4, is further 
amended to read:
1.  Call and location of caucus.  The caucus may be called by the chair or a majority 
of the members of the municipal committee of a political party.  If the municipal committee 
fails to call a caucus, the county committee may call the caucus.  At the request of that the 
municipal committee, municipal officers shall provide available space in a public building 
for a caucus.  The municipality may charge a rental fee or janitorial service fee for the 
available space.  A municipal committee may hold its caucus remotely using a conference 
system that may include telephonic or video technology allowing simultaneous reception 
of information and may include other means.  A municipality municipal committee may 
hold its caucus outside the municipality if several municipalities elect to meet on a 
consolidated basis or if the committee calling the caucus determines that a facility outside 
the municipality is more suitable.
Sec. A-5.  21-A MRSA §336, first ¶, as corrected by RR 2019, c. 2, Pt. B, §43, is 
amended to read:
The written consent of each candidate must be filed either with that candidate's primary 
petition or at any earlier time during which signatures may be collected under section 335 
or, if applicable, subchapter 8.
Sec. A-6.  21-A MRSA §355, first ¶, as corrected by RR 2019, c. 2, Pt. B, §47, is 
amended to read:
The written consent of each candidate must be filed either with that candidate's 
nomination petition or at any earlier time during which signatures may be collected under 
section 354 or, if applicable, subchapter 8.
Sec. A-7.  21-A MRSA §363, sub-§2, as corrected by RR 2019, c. 2, Pt. B, §49, is 
amended to read:
2.  Duties of committee.  The committee shall choose a qualified person to fill the 
vacancy.  The secretary of the committee shall immediately deliver a certificate to the 
Secretary of State containing the name of the person chosen, that person's residence and 
political party, the title of the office sought and the method by which that person was 
chosen.  The certificate must be signed by the chair of the committee and attested to by the 
secretary and may be submitted by facsimile or scanned image.
A.  In an electoral division consisting of more than one municipality, the municipal 
committee of each municipality shall meet jointly, elect a secretary and a chair for the 
meeting and then fill the vacancy.
Sec. A-8.  21-A MRSA §367, as amended by PL 2019, c. 636, §5, is further amended 
to read:
§367.  Candidate withdrawal
A candidate who wishes to withdraw from an elective race shall notify the Secretary 
of State in writing of the candidate's intent to withdraw.  This notice must be signed by the 
candidate and submitted to the Secretary of State by the deadline.  The notice may be 
submitted by facsimile or scanned image.
Sec. A-9.  21-A MRSA §681, sub-§4, as amended by PL 2015, c. 422, §1, is further 
amended to read:
4.  Outside the guardrail enclosure.  If sufficient space exists, party workers and 
others, in addition to the pollwatchers allowed pursuant to section 627, may remain in the 
voting place outside the guardrail enclosure as long as they do not attempt to influence 
voters or interfere with their free passage.  If a person attempts to influence voters or 
interfere with their free passage, the warden shall have the person removed from the voting 
place.  A person video recording or engaging in still photography in the voting place must 
remain outside the guardrail and may not conduct video recording or still photography 
closer than 15 feet from a voter being recorded or photographed, including when a voter is 
where a person is collecting voters' signatures, except that a person may take a still 
photograph that depicts only the person taking the photograph.  A person who video records 
or photographs a voter in violation of this subsection may be removed from the voting place 
by the municipal clerk at the recommendation of the warden as provided in section 662, 
subsection 2.
Sec. A-10.  21-A MRSA §691, sub-§2, as amended by PL 2009, c. 253, §29, is 
further amended to read:
2.  Write-in vote.  If the voter wishes to vote for a write-in candidate, the voter must 
write the name of the candidate in the blank space provided at the end of the list of 
candidates for nomination to the office in question next to the write-in indicator.  The voter 
must then mark the ballot write-in indicator as instructed in the directions on the ballot to 
indicate a vote for the write-in candidate.  A sticker may not be used to vote for a write-in 
candidate.
Sec. A-11.  21-A MRSA §722-A, as amended by PL 2015, c. 447, §26, is further 
amended to read:
§722-A.  Determination of declared write-in candidate
To be considered a declared write-in candidate, a person must file a declaration of 
write-in candidacy with the Secretary of State, on a form approved by the Secretary of 
State, on or before 5 p.m. on the 60th 70th day prior to the election.  The candidate must 
meet all the other qualifications for that office.
Sec. A-12.  21-A MRSA §723-A, sub-§1, ¶A, as enacted by IB 2015, c. 3, §5, is 
repealed.
Sec. A-13.  21-A MRSA §723-A, sub-§1, ¶G, as amended by PL 2019, c. 320, 
§9, is repealed.
Sec. A-14.  21-A MRSA §723-A, sub-§4, ¶B, as amended by PL 2019, c. 320, 
§14, is repealed.
Sec. A-15.  21-A MRSA §723-A, sub-§5-B, as amended by PL 2021, c. 273, §11, 
is further 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. A-16.  21-A MRSA §723-A, sub-§5-B, as amended by PL 2021, c. 750, §11 
and affected by §14, is further 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, except that unenrolled 
voters who participate in the party's primary election must be considered members of the 
party for purposes of allocating delegates.
Sec. A-17.  21-A MRSA §723-A, sub-§5-C is enacted to read:
5-C.  Cast vote record posted.  The Secretary of State shall post the complete cast 
vote record on its publicly accessible website as soon as the certified results are reported.
Sec. A-18.  21-A MRSA §737-A, first ¶, as amended by PL 2021, c. 536, §3, is 
repealed and the following enacted in its place:
Once a recount is requested for any federal, state or county office, the Secretary of 
State shall request that the State Police, sworn law enforcement officers employed by the 
Department of the Secretary of State or other sworn law enforcement officers take physical 
control of the ballots and other related materials needed for the recount as soon as possible 
and deliver them to the recount facility.  If no sworn law enforcement officers are available 
to conduct the retrieval, the Secretary of State may use a contracted courier to provide these 
services.  When the recount involves an office that encompasses more than one county, the 
Secretary of State may organize retrieval of ballots from certain jurisdictions so that the 
recount may be conducted in stages until the requesting candidate or lead applicant for a 
referendum recount concedes or until all the ballots are recounted.
Sec. A-19.  21-A MRSA §737-A, 2nd ¶, as amended by PL 2019, c. 371, §29, is 
further amended to read:
The Secretary of State shall store and maintain exclusive control over the ballots and 
other materials pending and during the recount and until the sworn law enforcement 
officers or contracted courier, or the State Police if requested, retrieves the materials for 
return to the municipalities.
Sec. A-20.  21-A MRSA §737-A, sub-§1, as amended by PL 2019, c. 371, §30, is 
further amended to read:
1.  Deposit for legislative or single county office recount.  This subsection applies to 
a recount for an election for the office of State Senator or State Representative or for a 
county office that does not encompass more than one county.  All deposits required by this 
section must be made with the Secretary of State when a recount is requested by a losing 
candidate or an undeclared write-in candidate.  Once the sworn law enforcement officers 
or contracted courier, or the State Police if requested, has taken custody of the ballots and 
other election materials from the municipalities, the deposit made by the candidate 
requesting the recount is forfeited to the State if the resulting count fails to change the 
outcome of the election.  If the recount reverses the election, the deposit must be returned 
to the candidate requesting the recount.  The amount of the deposit is calculated as follows.
A.  If the percentage difference shown by the official tabulation between the leading 
candidate and the requesting candidate is 1.5% or less of the total votes cast for that 
office, a deposit is not required.
B.  If the percentage difference shown by the official tabulation between the leading 
candidate and the requesting candidate is more than 1.5% and less than or equal to 4% 
of the total votes cast for that office, the deposit is $500.
C.  If the percentage difference shown by the official tabulation between the leading 
candidate and the requesting candidate is more than 4% and less than or equal to 6% 
of the total votes cast for that office, the deposit is $1,000.
D.  If the percentage difference shown by the official tabulation between the leading 
candidate and the requesting candidate is more than 6% and less than or equal to 8% 
of the total votes cast for that office, the deposit is $2,500.
E.  If the percentage difference shown by the official tabulation between the leading 
candidate and the requesting candidate is more than 8% and less than or equal to 10% 
of the total votes cast for that office, the deposit is $5,000.
F.  If the percentage difference shown by the official tabulation between the leading 
candidate and the requesting candidate is more than 10% of the total votes cast for that 
office, the deposit is $10,000.
Sec. A-21.  21-A MRSA §737-A, sub-§1-A, ¶B, as amended by PL 2019, c. 371, 
§31, is further amended to read:
B.  If the difference shown by the official tabulation between the leading candidate and 
the requesting candidate is more than 1% of the total votes cast for that office or more 
than 1,000 votes, whichever is less, the deposit is $5,000 or 10% of the reasonable 
estimate of the cost to the State of performing the first stage of the recount, whichever 
is greater.  After completion of the recount, if the recount has not changed the result of 
the election, the Secretary of State shall calculate the actual cost of the procedure, 
which must be paid by the requesting candidate.  If the deposit is greater than the actual 
cost, the overpayment must be refunded to the candidate.  If the actual cost is greater 
than the deposit, the candidate shall pay the remainder of the actual cost to the State.  
Once the sworn law enforcement officers or contracted courier, or the State Police if 
requested, has taken custody of the ballots and other election materials for the first 
stage of the recount, the deposit made by the candidate requesting the recount is 
forfeited to the State even if the candidate withdraws from the recount before the 
recount begins.  If a recount reverses the election, the deposit must be returned to the 
candidate requesting the recount.
Sec. A-22.  21-A MRSA §753-A, sub-§8, as enacted by PL 2021, c. 398, Pt. 
UUUU, §3 and affected by §7, is amended to read:
8.  Application for ongoing absentee voter status.  A No later than February 1, 2024, 
the Secretary of State shall design the ongoing absentee ballot application that allows a 
voter who will be at least 65 years of age by the next election or who self-identifies as 
having a disability may to 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 for status as an ongoing absentee voter 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;
(5)  The failure of the voter to vote by absentee ballot for a general election; or
(6)  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. A-23.  21-A MRSA §753-B, sub-§6, ¶A, as amended by PL 2021, c. 273, 
§20, is further amended to read:
A.  The list of absentee voters must include each voter's name, residence address, 
voting district and party affiliation; the date and manner by which the voter's ballot was 
requested, issued and received; and a notation of whether the application and the ballot 
were was accepted or rejected.  If the clerk determines that there is a defect on the 
return envelope of an absentee ballot under section 756, subsection 2 and that defect is 
cured pursuant to section 756‑A, the clerk shall note whether the ballot was accepted 
or accepted but challenged and shall list the date that the defect was cured as the date 
that the ballot was received.  The clerk must also indicate on the list when the absentee 
voter is a uniformed service voter, overseas voter or township voter.  By the time that 
all absentee ballots have been processed on election day, the clerk must update the 
central voter registration system or annotate the printed list of absentee voters to reflect 
all ballots that were received by the close of the polls on election day, including a 
notation of whether the ballots were accepted, accepted but challenged or rejected and 
the reasons for such rejections.  This list, reflecting all absentee ballots received by the 
close of the polls, must be made available for public inspection.  Any absentee voter 
certified as a participant in the Address Confidentiality Program pursuant to Title 5, 
section 90‑B must be listed by the voter code assigned to that individual under the 
program instead of by the voter's name and reflect the Address Confidentiality Program 
address assigned to the voter.  The list of absentee voters must be sorted so that the 
program participants appear at the end of the list and must be printed on a separate page 
of the list.  The portion of the list of absentee voters relating to Address Confidentiality 
Program participants must be kept under seal and excluded from public inspection.
Sec. A-24.  21-A MRSA §753-B, sub-§6, ¶A, as amended by PL 2021, c. 750, 
§12 and affected by §14, is further amended to read:
A.  The list of absentee voters must include each voter's name, residence address, 
voting district and party affiliation; the date and manner by which the voter's ballot was 
requested, issued and received; if the voter is unenrolled, which party's ballot the voter 
requested for the primary election, if applicable; and a notation of whether the 
application and the ballot were was accepted or rejected.  If the clerk determines that 
there is a defect on the return envelope of an absentee ballot under section 756, 
subsection 2 and that defect is cured pursuant to section 756‑A, the clerk shall note 
whether the ballot was accepted or accepted but challenged and shall list the date that 
the defect was cured as the date that the ballot was received.  The clerk must also 
indicate on the list when the absentee voter is a uniformed service voter, overseas voter 
or township voter.  By the time that all absentee ballots have been processed on election 
day, the clerk must update the central voter registration system or annotate the printed 
list of absentee voters to reflect all ballots that were received by the close of the polls 
on election day, including a notation of whether the ballots were accepted, accepted 
but challenged or rejected and the reasons for such rejections.  This list, reflecting all 
absentee ballots received by the close of the polls, must be made available for public 
inspection.  Any absentee voter certified as a participant in the Address Confidentiality 
Program pursuant to Title 5, section 90‑B must be listed by the voter code assigned to 
that individual under the program instead of by the voter's name and reflect the Address 
Confidentiality Program address assigned to the voter.  The list of absentee voters must 
be sorted so that the program participants appear at the end of the list and must be 
printed on a separate page of the list.  The portion of the list of absentee voters relating 
to Address Confidentiality Program participants must be kept under seal and excluded 
from public inspection.
Sec. A-25.  21-A MRSA §753-B, sub-§7, as enacted by PL 1999, c. 645, §6, is 
amended to read:
7.  Registration verified.  If the applicant is registered and enrolled when necessary, 
the ballot must be sent to the applicant.  If the applicant has registered and enrolled when 
necessary under section 155 and will attain 18 years of age on or before the date of the 
election, the registrar or clerk shall so certify on the application.  If accept the application 
in the central voter registration system and issue a ballot to the applicant; if not, the registrar 
or clerk shall write "not registered" or "not enrolled" on the face of reject the application 
and sign the registrar's or clerk's name in the central voter registration system.  Whenever 
an application for an absentee ballot is denied rejected, the municipal clerk shall 
immediately notify the applicant in writing or by e-mail of the reason for the denial 
rejection.
Sec. A-26.  21-A MRSA §753-C, as enacted by PL 2005, c. 364, §8, is amended to 
read:
§753-C.  Absentee ballots for program participants in Address Confidentiality 
Program
Any registered voter who is certified by the Secretary of State as a program participant 
in the Address Confidentiality Program pursuant to Title 5, section 90‑B is entitled to 
receive an absentee ballot for every election during the period of the voter's participation 
in the program.  The Secretary of State shall mail the absentee ballot for the statewide 
elections and the clerk shall mail the absentee ballot for the local elections to the voter at 
the voter's designated address as soon as possible after the regular ballots are available in 
the municipality.  The voter shall mark the absentee ballot in accordance with the 
procedures set forth in section 754‑A and shall return the statewide ballot to the Secretary 
of State and the local ballot to the registrar in the manner provided in section 754‑A, except 
that the voter may sign the voter's voter code under the Address Confidentiality Program 
on the absentee ballot envelope envelopes instead of the voter's name.
Sec. A-27.  21-A MRSA §760-B, sub-§1, as amended by PL 2015, c. 406, §1, is 
further amended to read:
1.  Time for processing.  In a municipality that has opted to process absentee ballots 
on one or more of the days prior to election day authorized by this section, the municipal 
clerk or the clerk's designees may process absentee ballots at the times designated by the 
clerk, between the hours of 9:00 7:00 a.m. and 9:00 p.m., except that if an inspection is 
requested pursuant to subsection 3, processing may not begin until after the inspection 
period has concluded.
Sec. A-28.  21-A MRSA §760-B, sub-§2, as amended by PL 2021, c. 11, §2, is 
further amended to read:
2.  Notice of early processing.  The clerk must give notice of the municipality's intent 
to process absentee ballots prior to election day using a notice of early processing form 
provided by the Secretary of State, stating the days and times that the clerk intends to begin 
processing absentee ballots and the inspection period provided in subsection 3.  At least 30 
days before election day, the clerk shall provide a copy of the notice of early processing to 
the Secretary of State and the chairs of each political party of the municipality indicating 
that early processing of absentee ballots will occur.  The notice to the political parties must 
be considered sufficient as long as it is mailed to the last address of each municipal chair 
that is known to the clerk.  The notice to the Secretary of State may be delivered by mail 
or facsimile or as a scanned attachment to an e-mail address established by the Secretary 
of State.  If the notice is not received by the Secretary of State by 5:00 p.m. on the 30th day 
before election day, the municipality may not process absentee ballots prior to election day. 
The clerk shall post a copy of the notice of early processing with the notice of election as 
provided in section 621‑A Secretary of State shall post the list of municipalities that will 
process absentee ballots prior to election day on its publicly accessible website at least one 
week prior to the start of early processing.
Sec. A-29.  21-A MRSA §760-B, sub-§3, as amended by PL 2019, c. 371, §38, is 
further amended to read:
3.  Inspection of absentee envelopes before processing.  A member of the public may 
make a written request of the clerk to inspect absentee ballot applications and envelopes 
before they are processed if the request is made by 9:00 a.m. 4:00 p.m. on the day prior to 
each day that the clerk will process absentee ballots as specified on the notice of early 
processing under subsection 2.  The clerk shall make the absentee ballot applications and 
envelopes received by that time available for public inspection for one hour before the 
starting time specified in the notice of early processing for processing the absentee ballots.  
The clerk may immediately proceed to process the ballots after the one-hour inspection 
time has elapsed.
Sec. A-30.  21-A MRSA §766 is enacted to read:
§766.  Rules
The Secretary of State may adopt rules necessary for the implementation of this article. 
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
Sec. A-31.  21-A MRSA §777-A, as amended by PL 2019, c. 636, §17, is further 
amended to read:
§777-A.  Registration and enrollment
Notwithstanding the registration deadline in section 121‑A, uniformed service voters 
or overseas voters may register or enroll at any time prior to 5 p.m. noon on the day before 
election day by completing a federal or state voter registration application form and filing 
it with the registrar or the Secretary of State in person, by mail or by electronic means 
authorized by the Secretary of State.
Sec. A-32.  21-A MRSA §781-A, as amended by PL 2019, c. 636, §18, is further 
amended to read:
§781-A.  Absentee ballot application; procedure on receipt
Notwithstanding the absentee ballot application deadline in section 753‑B, subsection 
2, paragraph D, upon receipt of an application or written request for an absentee ballot prior 
to 5 p.m. noon on the day before election day from a uniformed service voter or overseas 
voter that is accepted pursuant to section 753‑A or section 783, the clerk or the Secretary 
of State shall immediately issue an absentee ballot and return envelope by the authorized 
means designated by the voter in the application.  If the ballot is to be transmitted to the 
voter by mail, the clerk or the Secretary of State shall type or write in ink the name and the 
residence address of the voter in the designated section of the return envelope.  The 
Secretary of State shall provide a return envelope that moves free of postage under federal 
law.
Sec. A-33.  21-A MRSA §903-A, first ¶, as amended by PL 2015, c. 99, §1, is 
further amended to read:
Petitions issued under this chapter may be circulated by any Maine resident who is a 
registered voter acting as a circulator of a petition.  A circulator of a petition solicits 
signatures for the petition by presenting the petition to the voter, asking the voter to sign 
the petition and personally witnessing the voter affixing the voter's signature to the petition.  
The circulator of the petition must comply with the provisions of section 902.
Sec. A-34.  PL 2021, c. 398, Pt. UUUU, §7 is amended to read:
Sec. UUUU-7.  Effective date.  That section of this Part that enacts the Maine 
Revised Statutes, Title 21-A, section 161, subsection 2-B takes effect January 1, 2023.  
Those sections of this Part that enact Title 21-A, section 753-A, subsections 8 and 9 and 
those sections of this Part that amend Title 21-A, section 752, subsection 3 and section 
753-B, subsection 1 take effect November October 1, 2023.
Sec. A-35.  PL 2021, c. 439, §15 is amended to read:
Sec. 15.  Effective date.  This Act takes effect November 1, 2023, except that that 
section of this Act that enacts the Maine Revised Statutes, Title 21-A, section 152, 
subsection 6 takes effect October 1, 2023.
Sec. A-36.  Effective date. That section of this Part that amends the Maine Revised 
Statutes, Title 21-A, section 152, subsection 6 and that section of this Part that amends Title 
21-A, section 753-A, subsection 8 take effect October 1, 2023, and that section of this Part 
that amends Title 21-A, section 723-A, subsection 5 as amended by Public Law 2021, 
chapter 750, section 11 and that section of this Part that amends Title 21-A, section 753-B, 
subsection 6, paragraph A as amended by Public Law 2021, chapter 750, section 12 take 
effect January 1, 2024.
PART B
Sec. B-1.  4 MRSA §1916, sub-§2, as enacted by PL 2021, c. 651, Pt. A, §4 and 
affected by §8, is amended to read:
2.  Stamp required requirements.  If a notarial act regarding a tangible record is 
performed by a notary public notarial officer, an official stamp must may be affixed to or 
embossed on the certificate.  If a notarial act is performed regarding a tangible record by a 
notarial officer other than a notary public and the certificate contains the information 
specified in subsection 1, paragraphs B, C and D, an official stamp may be affixed to or 
embossed on the certificate.  If a notarial act regarding an electronic record is performed 
by a notarial officer notary public and the certificate contains the information specified in 
subsection 1, paragraphs B, C and D, an official stamp may must be attached to or logically 
associated with the certificate.
PART C
Sec. C-1.  30-A MRSA §7005, as amended by PL 1989, c. 6; c. 9, §2; and c. 104, 
Pt. C, §§8 and 10, is repealed.
SUMMARY
This bill makes the following changes to the laws governing elections and notarial acts.
Part A does the following:
1.  It provides that the elections division of the Secretary of State's office is responsible 
for processing voter registration applications for voters enrolled in the Address 
Confidentiality Program and for creating the voter records in the central voter registration 
system. It also provides that the elections division is responsible for mailing the absentee 
ballots for statewide elections to the voters in the Address Confidentiality Program, while 
the municipal clerk must mail the absentee ballots for local elections to these voters.
2.  It changes the effective date and implementation date of the laws governing online 
voter registration.
3.  It removes the requirement for municipal clerks to attend the biennial party caucuses 
in the even-numbered years.
4.  It allows political parties to hold virtual biennial municipal caucuses rather than in-
person caucuses.
5.  It provides that primary candidates may file their candidate consent either with their 
primary petitions or prior to filing their primary petitions with the Secretary of State.  
6.  It provides that nonparty candidates may file their candidate consent either with 
their nomination petitions or prior to filing their nomination petitions with the Secretary of 
State.  
7.  It allows for the candidate consent and certificate of nomination for a replacement 
candidate to be submitted to the Secretary of State via scanned image or facsimile.
8.  It allows for candidates to submit a withdrawal notice to the Secretary of State via 
scanned image or facsimile.
9.  It prohibits a person from taking a photograph of another person in the voting place 
if the person taking the photograph is closer than 15 feet from the person being 
photographed.
10.  It clarifies how a voter must mark a ballot to cast a write-in vote.
11.  It changes the deadline for a write-in candidate to file that candidate's written 
declaration of write-in candidacy.
12.  It removes batch elimination from the ranked-choice voting process and requires 
the Secretary of State to post the complete cast vote record on its publicly accessible 
website as soon as the certified results are reported.
13.  It requires the Secretary of State to use sworn law enforcement officers for the 
secure retrieval of ballots prior to a recount.  If sworn law enforcement officers are not 
available to conduct the retrieval, the Secretary of State may use a contracted courier to 
provide these services.  It clarifies that ballot retrieval may be conducted in stages for a 
recount that involves multiple counties.
14.  It changes the effective date and implementation date of the laws governing 
ongoing absentee ballots.
15.  It removes the requirement that the list of absentee voters created for each election 
must contain a notation of whether the application was accepted or rejected.
16.  It changes the reference from denial of an absentee ballot application to rejection 
of an application and provides that the voter may be notified of the rejection in writing or 
by e-mail.
17.  It provides that a municipal clerk may begin processing absentee ballots starting 
at 7 a.m. on any day that the clerk processes ballots prior to election day.
18.  It requires the Secretary of State to post the list of municipalities that have opted 
to process absentee ballots prior to election day on the Secretary of State's publicly 
accessible website at least one week prior to the date on which early processing of absentee 
ballots may begin.
19.  It changes the deadline by which a member of the public must submit that member's 
request to a municipal clerk to inspect absentee ballots and envelopes before they are 
processed.
20.  It allows the Secretary of State to adopt rules related to the conduct of regular 
absentee voting. 
21.  It changes the deadline by which uniformed service voters or overseas voters may 
register to vote.
22.  It changes the deadline by which uniformed service voters or overseas voters may 
request an absentee ballot.
23.  It removes the requirement that a circulator for a citizen's initiative or people's veto 
petition be a Maine resident and registered Maine voter.
Part B provides that if a notarial act regarding a tangible record is performed by a 
notarial officer, an official stamp may be affixed to or embossed on the certificate and that 
if a notarial act regarding an electronic record is performed by a notary public and the 
certificate contains certain information, an official stamp must be attached to or logically 
associated with the certificate.
Part C removes the provision of law requiring plantations to submit the names of the 
elected assessors and clerks to the Secretary of State.