An Act to Enhance the Safety of Judicial and Elected Officials,
Maine Legislature, Session 132, LD 2121
Committee: Judiciary
Sponsors: FAIRCLOTH, BAILEY, FECTEAU, DAUGHTRY
Amends: 5 MRSA §90-J

Legislative Document
No. 2121
H.P. 1436
House of Representatives, January 7, 2026
An Act to Enhance the Safety of Judicial and Elected Officials, 
Constitutional Officers and the State Auditor by Allowing Certain 
Personal Information to Be Removed from Designated Public 
Records
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative FAIRCLOTH of Bangor.
Cosponsored by Senator BAILEY of York and
Representatives: ABDI of Lewiston, DHALAC of South Portland, Speaker FECTEAU of 
Biddeford, MOONEN of Portland, Senator: President DAUGHTRY of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §90-J is enacted to read:
§90-J.  Information privacy
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Authorized person" means a covered person or any of the following persons 
authorized to submit or revoke a request for the redaction or nondisclosure of a home 
address on behalf of a covered person:
(1)  On behalf of any federal judge, a designee of the United States Department of 
Justice, United States Marshals Service or of the clerk of any United States District 
Court, as long as the designee submits the affirmation required under this section 
signed by the federal judge for whom a request or revocation is made;
(2)  On behalf of any covered person who is deceased or medically or 
psychologically incapacitated, a person acting on behalf of the covered person as 
a designated trustee, as an estate executor or personal representative or pursuant to 
a written power of attorney or other legal instrument, as long as the person signs 
and submits the affirmation required under this section on behalf of the covered 
person; and
(3)  On behalf of any immediate family member who is a minor and who is 
otherwise entitled to address redaction or nondisclosure pursuant to this section, 
the parent or legal guardian of that minor.
B.  "Covered person" means an active, formerly active or retired judicial officer, 
member of Congress, state Legislator, Attorney General, Secretary of State, Treasurer 
of State or State Auditor and an immediate family member.
C.  "Director" means the director of the Office of Information Privacy.
D.  "Immediate family member" means a spouse, child or parent of, or any other family 
member related by blood or by law to, an active, formerly active or retired judicial 
officer, member of Congress, state Legislator, Attorney General, Secretary of State, 
Treasurer of State or State Auditor and who resides in the same household as that 
person.
E.  "Office" means the Office of Information Privacy established in subsection 2.
2.  Office of Information Privacy; director.  The Office of Information Privacy is 
established in the Department of the Secretary of State. The office is led by a director, who 
must be appointed by and serves at the pleasure of the Secretary of State and who may hire 
staff as necessary.
A.  The director shall establish:
(1)  A secure electronic portal through which an authorized person may submit or 
revoke a request for the redaction or nondisclosure of a covered person's home 
address from certain records and publicly available online resources, as provided 
in this section. Such a request is not subject to disclosure under any statute or rule 
governing disclosure of public information;
(2)  A process by which an authorized person may petition the director for 
reconsideration of a denial of a request for the redaction or nondisclosure of a 
covered person's home address or revocation of such a request under subparagraph 
(1);
(3)  A process by which a person or entity may request a record that does not 
contain a redaction or a nondisclosure; and
(4)  A process for the evaluation of any exceptions other than those under this 
paragraph to the requirement for redaction or nondisclosure pursuant to this 
section, whether categorical or individualized. The director may grant an exception 
to any person or entity for the receipt of the unredacted records or information 
pursuant to this process.
B.  The director shall evaluate and either approve or deny a request submitted pursuant 
to paragraph A or a revocation of a request submitted pursuant to paragraph A.
C.  The director may enter into any agreement or contract necessary to effectuate the 
purposes of this section.
D.  The director may issue any guidance, guidelines or decisions or adopt rules 
necessary to effectuate the purposes of this section in accordance with the provisions 
of the Maine Administrative Procedure Act. Rules adopted pursuant to this paragraph 
are routine technical rules as described in chapter 375, subchapter 2-A.
3.  Information redaction, nondisclosure request; enforcement.  An authorized 
person seeking the redaction or nondisclosure of the home address of any covered person 
from certain records and publicly available online resources shall submit a request in 
accordance with this section to the office through the secure electronic portal established 
under subsection 2, paragraph A. The address is subject to redaction or nondisclosure only 
if a request is submitted to and approved by the director.
A.  A state, county or municipal government, or a department or agency of a state, 
county or municipal government, shall redact or cease to disclose, respectively, the 
home address of a covered person approved by the office not later than 30 days 
following the approval. A state, county or municipal government, or a department or 
agency of a state, county or municipal government, also shall discontinue the redaction 
or nondisclosure of the home address of any covered person for whom a revocation 
request has been approved not later than 30 days following the revocation approval.
B.  A custodian of records of a government, department or agency listed in paragraph 
A who makes a reasonable effort to comply with this subsection must be presumed to 
have acted without willful, purposeful or reckless disregard of the law.
C.  An immediate family member who sought and received approval for redaction or 
nondisclosure and who no longer resides with the covered person shall submit through 
the portal a revocation request not later than 30 days from the date on which the 
immediate family member no longer resided with the covered person.
D.  An authorized person submitting a request for redaction or nondisclosure pursuant 
to this subsection shall affirm in writing that the covered person understands that 
certain rights, duties and obligations are affected because of the request, including:
(1)  The signing of petitions related to the nomination or election of a candidate to 
public office or related to any public question;
(2)  The eligibility or requirements related to seeking or accepting the nomination 
for election or election to public office, or the appointment to any public position;
(3)  The sale or purchase of a home or other property, recordation of a judgment, 
lien or other encumbrance on real or other property and any relief granted based 
on the sale or purchase of a home or other property or recordation of a judgment, 
lien or other encumbrance on real or other property;
(4)  The ability to be notified of any class action suit or settlement; and
(5)  Any other legal, promotional or official notice that would otherwise be 
provided to the person but for the redaction or nondisclosure of the person's home 
address pursuant to this subsection.
4. Exceptions.  The following exceptions apply to the requirement to redact, and the 
prohibition against the disclosure of, a home address pursuant to subsection 3.
A.  Copies of voter registration files maintained in the central voter registration system 
as defined in Title 21-A, section 1, subsection 6-A must be provided as redacted 
pursuant to this section, but copies of the files as unredacted must be provided to the 
following individuals, upon the individual's signing of an affidavit attesting to the 
individual's qualifying status:
(1)  The chair of the state, county or municipal committee of a political party, or a 
designee of the chair, for distribution to any person authorized to serve as a 
challenger in an election;
(2)  A candidate acting as a challenger in an election;
(3)  A vendor, contractor or organization carrying out a function of a municipality 
or county or of the State concerning the administration or conduct of elections; and
(4)  A person who has the right to obtain a copy of voter registration files pursuant 
to an order of a Justice of the Superior Court after a finding that the unredacted 
copy is necessary to determine the merits of a pending case.
B.  Except as provided in paragraph C, subparagraph (3), a document affecting the title 
to real property, recorded and indexed by a register of deeds or as otherwise held or 
maintained by the Department of Administrative and Financial Services, Bureau of 
Revenue Services, a county board of commissioners, a county official responsible for 
tax administration or a county or municipal tax assessor, that contains a home address 
subject to redaction or nondisclosure consistent with this section may instead or in 
addition include the redaction and nondisclosure of the names or other information of 
covered persons, as specified by the State Tax Assessor.  The redaction and 
nondisclosure may include masking of the covered person's names or other 
information, and the document must be provided as unredacted to the following 
persons when requested in the person's ordinary course of business:
(1)  A title insurance company, a title insurance agent or an attorney;
(2)  A mortgage guarantee insurance company;
(3)  A mortgage loan originator;
(4)  An entity that performs title searches;
(5)  A real estate broker or a real estate salesperson; and
(6)  An individual or business that has made or received an offer for the purchase 
of real estate or real property, or any portion of real estate or real property, to or 
from a covered person.
C.  The following are not subject to redaction or nondisclosure pursuant to subsection 
3:
(1)  Records and documents, including Uniform Commercial Code filings and 
financing statements, maintained by the Department of the Secretary of State, 
bureau of corporations, elections and commissions, division of corporations, 
uniform commercial code and commissions;
(2)  Petitions naming candidates for office;
(3)  Records evidencing any lien, judgment or other encumbrance upon real or 
other property; and
(4)  Records pertaining to property that is presumed abandoned under the Maine 
Revised Unclaimed Property Act.
D.  A public agency may share unredacted information with a vendor, contractor or 
organization to carry out the purposes for which the public agency entered into an 
agreement with the vendor, contractor or organization. The vendor, contractor or 
organization may not use such information in any manner other than as necessary to 
carry out the purposes of the agreement.
E.  For the purposes of the calculation of property tax benefits and the administration 
of property tax credits for covered persons, a municipality may share unredacted 
property tax information with the State Tax Assessor, and the State Tax Assessor may 
provide to a municipality the property tax credits to be applied against property tax 
bills of covered persons who are eligible claimants.
5.  Information shared with governmental entity.  This section may not be construed 
to require redaction or nondisclosure of any information in any document, record or 
database shared with or otherwise provided to any other governmental entity.
6.  Register of deeds returning document.  This section may not be construed to 
prohibit a register of deeds from returning a document as unredacted to any person who 
submitted the document for recordation.
7.  Information provided upon court order.  Information otherwise subject to 
redaction or nondisclosure pursuant to this section may be provided as unredacted upon 
order of a Justice of the Superior Court or of any other court of competent jurisdiction.
8.  Availability of records.  This section may not be construed to require a record to 
be made available that is not otherwise required to be made available under any other law 
or rule.
9.  State Tax Assessor may issue guidance or adopt rules.  The State Tax Assessor 
may issue any guidance or guidelines or adopt rules necessary to effectuate the purposes of 
this section. Rules adopted pursuant to this subsection are routine technical rules as 
described in chapter 375, subchapter 2-A.
SUMMARY
This bill allows specified public officials, and their immediate family members, to 
request that certain personal information, including residential addresses, be removed from 
public records and publicly available online resources maintained by state, county and 
municipal government agencies.  The bill establishes the Office of Information Privacy in 
the Department of the Secretary of State to administer the provisions of the bill.