2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 9: CONDUCT OF ELECTIONS › Subchapter 4: ABSENTEE VOTING › Article 1: REGULAR ABSENTEE VOTING › 21-A §760-A. Procedures when clerk processes absentee ballots centrally

§760-A. Procedures when clerk processes absentee ballots centrally
The clerk shall use the following procedure when processing the absentee ballots at a central location.   [PL 1995, c. 459, §82 (NEW).]
1.  Envelopes retained.
The clerk shall retain possession of return absentee envelopes with the applications attached, where required, and the list required by section 753‑B, subsection 6.
[PL 2001, c. 310, §57 (AMD).]
2.  Ballot boxes provided.
The municipality shall provide an official ballot box to be used by the clerk in all state elections.
[PL 1995, c. 459, §82 (NEW).]
3.  Incoming voting list to be marked.
The clerk shall have the incoming voting list marked to denote absentee voters prior to processing the absentee ballots.
A. The municipal clerk shall use one of the following procedures to mark the incoming voting list for absentee ballots received prior to election day, except that a clerk who is in a contested election for the office of clerk must follow the procedures specified in subparagraph (2) when marking the incoming voting list for absentee ballots received prior to election day.
(1) On the day immediately preceding, the municipal clerk shall mark the incoming voting list with an "AV" beside the name of each voter who has voted by absentee ballot as of that date. The municipal clerk shall keep the marked list and shall send a copy of the marked list to the polls with the incoming voting list; or
(2) On election day, at or prior to the times the municipal clerk has designated under section 759, subsection 7 for processing absentee ballots, the municipal clerk shall make a separate list, by voting place, of all absentee ballots received to date. The clerk shall deliver each list, in duplicate, to the warden at the appropriate voting place. The warden and an election clerk shall compare the list of absentee voters with the incoming voting list and shall mark the incoming voting list with an "AV" beside the name of each voter who has voted by absentee ballot.
The warden and the election clerk shall then certify on each copy of the absentee voting list that they marked the incoming voting list as described in this paragraph. The warden shall then retain one copy of the absentee voter list with the incoming voting list and deliver the 2nd copy to the municipal clerk. The municipal clerk shall follow this process on election day as often as needed to mark the incoming voting lists to account for all absentee ballots.   [PL 1995, c. 459, §82 (NEW).]
B. In a municipality that has an island voting district, the municipal clerk may communicate the information required to process the absentee ballots by telephone to the island warden and notify the island warden of the names of the absentee voters so that the incoming voting list may be marked in accordance with this subchapter.   [PL 2005, c. 453, §59 (AMD).]
[PL 2005, c. 453, §59 (AMD).]
4.  Counting procedure.
After the incoming voting list has been marked according to the procedures in subsection 3, the municipal clerk shall then proceed to process the absentee ballots using the procedures set forth in sections 759 and 762 at the next time scheduled under section 759, subsection 7. The ballots must be processed publicly so that all those present may observe the proceedings.
[PL 2007, c. 455, §44 (AMD).]
SECTION HISTORY
PL 1995, c. 459, §82 (NEW). PL 2001, c. 310, §57 (AMD). PL 2005, c. 453, §59 (AMD). PL 2007, c. 455, §44 (AMD).