reglab/statecodes huggingface dataset:
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 510 - ADMINISTRATIVE COMPLAINT PROCEDURE FOR TITLE III OF THE HELP AMERICA VOTE ACT OF 2002 (HAVA) › Section 250-510-4 - Processing of complaints

Current through 2024-29, July 17, 2024
1.
Tracking
				  system.
Upon receipt of a complaint, the Secretary of State's office
				  shall immediately assign a tracking number to the complaint; and may
				  consolidate any complaints that arise out of the same actions or events, raise
				  common questions of law or fact, or involve the same respondents.
2.
Notification to complainant of
				  incomplete filing.
If the complaint form is not properly completed or
				  lacks the information necessary to process the complaint, the Secretary of
				  State's office shall notify the complainant that he/she must submit a corrected
				  or completed complaint in order for it to be accepted for filing.
3.
Complaint accepted for
				  filing.
Upon receipt of a completed or corrected complaint, the
				  Secretary of State's Office shall accept the complaint for filing.
4.
Notification to complainant.
The Secretary of State's office shall notify the complainant of the tracking
				  number assigned to the complaint, and the date upon which the complaint was
				  accepted for filing.
5.
Notice to respondent and response.
The Secretary of State's office shall
				  send a copy of a complaint that is accepted for filing to the respondent named
				  or referred to in the complaint. The respondent must submit a written response
				  to the Secretary of State's office and the complainant within 10 business days
				  after receipt of the Secretary of State's notice.
6.
Preliminary review and dismissal of
				  complaint.
Any complaint that is not timely filed or does not allege a
				  violation of Title III of HAVA that has occurred, is occurring or is about to
				  occur with regard to a federal election may be dismissed by the Secretary of
				  State in a written determination. Prior to any dismissal, however, the
				  complainant and respondent shall be notified, and if the complainant has
				  requested a hearing on the complaint, the complainant shall have an opportunity
				  to be heard on the proposed dismissal. Such a hearing is not an evidentiary
				  hearing and may be held by telephone, provided it is electronically
				  recorded.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 510 - ADMINISTRATIVE COMPLAINT PROCEDURE FOR TITLE III OF THE HELP AMERICA VOTE ACT OF 2002 (HAVA) › Section 250-510-5 - Hearings on complaints

Current through 2024-29, July 17, 2024
1.
Scheduling the hearing.
The Secretary of State's office shall schedule a
				  hearing if one has been requested by the complainant or is deemed by the
				  Secretary of State's office as necessary to resolve the complaint. The
				  Secretary of State's office shall attempt to schedule the hearing at a time
				  mutually convenient to all parties.
2.
Final written notice of
				  hearing.
The Secretary of State's office shall provide final written
				  notice of the date, time and place of the hearing to the complainant and
				  respondent not less than 5 business days prior to the date of the
				  hearing.
3.
Hearing
				  officer.
The hearing shall be conducted by a hearing officer designated
				  by the Secretary of State. The Secretary of State may delegate to the hearing
				  officer authority to make a final determination of the complaint.
4.
Conduct of hearing.
Hearings
				  on complaints are non-adjudicatory. At the hearing, the complainant shall have
				  an opportunity to testify, to present other witnesses, documents or other
				  evidence relevant to the allegations in the complaint, and to argue his/her
				  position. The respondent shall also be given an opportunity to testify, present
				  witnesses, documents or other evidence and to argue his/her position in
				  response to the complaint. The Hearing Officer and staff from the Secretary of
				  State's office may ask questions of both parties to elicit information relevant
				  to a determination of the complaint. Any witnesses who testify shall be
				  sworn.
5.
Ability to recess
				  and continue hearing.
The hearing may be recessed and continued to a
				  later time or day, at the discretion of the hearing officer, and may be held by
				  telephone with agreement of both parties.
6.
Record of hearings.
All
				  hearings shall be electronically recorded, and a record of the proceedings
				  shall be compiled by the Secretary of State's office. The record of the
				  proceedings shall include:
A. The electronic
				  recording of the hearing;
B. Any
				  documents or other tangible items introduced into evidence at the
				  hearing;
C. The complaint and
				  written response;
D. All notices
				  and correspondence between the Secretary of State's office, the hearing
				  officer, the complainant and the respondent; and
E. The results of any investigation conducted
				  by Secretary of State's office staff in response to the complaint.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 510 - ADMINISTRATIVE COMPLAINT PROCEDURE FOR TITLE III OF THE HELP AMERICA VOTE ACT OF 2002 (HAVA) › Section 250-510-6 - Determinations of complaints

Current through 2024-29, July 17, 2024
1.
Determinations without hearing.
If no hearing has been requested by the
				  complainant, then the Secretary of State or his/her designee may make a
				  determination based on the written submissions of the complainant and
				  respondent and any other relevant information obtained by the Secretary of
				  State's office.
A.
Withdrawal of
				  request for a hearing.
The complainant may withdraw his/her initial
				  request for a hearing at any time or agree to resolve the complaint through an
				  informal conference or based on written submissions.
B.
Notice and comment prior to final
				  determination.
Prior to issuing a final determination of a complaint
				  without hearing, the Secretary of State or his/her designee shall give notice
				  to the complainant and respondent and offer them an opportunity to comment on
				  the proposed determination within 5 business days.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 510 - ADMINISTRATIVE COMPLAINT PROCEDURE FOR TITLE III OF THE HELP AMERICA VOTE ACT OF 2002 (HAVA) › Section 250-510-7 - Remedies

Current through 2024-29, July 17, 2024
1.
Remedy may include corrective
				  action.
Remedies available under this procedure shall be directed to the
				  improvement or correction of election procedures governed by Title III and must
				  be consistent with state law. Remedies may consist of an order directing the
				  local or state election official to undertake or to refrain from certain
				  actions or to alter certain procedures pertaining to federal
				  elections.
2.
Remedy may not
				  include damages or costs.
A remedy provided for under this rule may not
				  include any award of damages or payment of costs, penalties or attorneys
				  fees.
3.
Complaint procedure
				  not exclusive.
This complaint procedure is not exclusive and is not
				  intended to preclude the complainant from pursuing any other cause of action or
				  seeking any other remedies they may have by statute or under the state or
				  federal constitution.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 510 - ADMINISTRATIVE COMPLAINT PROCEDURE FOR TITLE III OF THE HELP AMERICA VOTE ACT OF 2002 (HAVA) › Section 250-510-8 - Alternative dispute resolution

Current through 2024-29, July 17, 2024
1.
Referral of unresolved complaint to arbitrator.
The Secretary of State
				  shall establish a roster of arbitrators to provide alternative dispute
				  resolution services pursuant to this rule. Arbitrators shall serve on a
				  rotating basis. If the Secretary of State or his/her designee fails to make a
				  final determination on a complaint within 90 days after the complaint was
				  accepted for filing, then the matter must be referred to the next available
				  arbitrator on the roster.
2.
Notice to parties of referral.
TheSecretary of State's office shall give
				  notice of the referral to the complainant and the respondent.
3.
Arbitrator to review the record and
				  render determination.
The arbitrator shall review the record and conduct
				  such further proceedings as he/she may deem necessary to resolve the complaint.
				  The arbitrator shall render a determination on the complaint, following the
				  requirements in Section 6, subsection 3 of this chapter, except that the
				  determination of the arbitrator must be rendered within 60 days of the
				  referral.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 520 - RULES REGARDING PUBLICATION OF PUBLIC COMMENTS ON STATEWIDE REFERENDA › Section 250-520-1 - Requirements for Public Comment Submission

Current through 2024-29, July 17, 2024
1. Any
				  individual, corporation, political action committee or other organization may
				  file public comments in support of or in opposition to a ballot measure for
				  publication in the
Citizen's Guide to the Referendum Election
("
Citizen's Guide
"). Ballot measure public comments must be
				  accompanied by a completed application on a form designed by the Secretary of
				  State. The application must contain, but is not limited to the following
				  information:
A. Date of the election that the
				  ballot measure will be voted on;
B.
				  Ballot order assigned to the measure;
C. Position taken - e.g. public comments in
				  support or public comments in opposition;
D. Name of the person submitting public
				  comments;
E. Name of the
				  organization the person represents (if applicable);
F. Contact information for the person
				  submitting the public comments; and
G. Original signature of the person
				  submitting the comments:
i For public comments
				  filed and paid for by an individual, only the signature of the individual is
				  required.
ii For public comments
				  sponsored by an organization or corporation, the application must be signed by
				  an executive officer and must include the officer's title and the name of the
				  organization or corporation.
iii
				  For public comments sponsored by a political action committee, the application
				  must be signed by the committee's chairperson or treasurer, and must be
				  identified by committee name.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 520 - RULES REGARDING PUBLICATION OF PUBLIC COMMENTS ON STATEWIDE REFERENDA › Section 250-520-2 - Rejection of Comments

Current through 2024-29, July 17, 2024
1. Not later than
				  three (3) business days following the deadline for filing public comments, the
				  Secretary of State shall review each submission and reject any public comments
				  filed for publication in the
Citizen's Guide
that do not meet
				  the requirements of Section 1 or that violate the provisions of Section 1.12 of
				  these Rules. The Secretary of State shall notify the filer of the rejection in
				  the following manner:
A. By telephone;
				  or
B. If unable to contact the
				  person by telephone, and if there is sufficient time prior to the publication
				  of the
Citizen's Guide
, by certified mail immediately upon
				  rejection.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 520 - RULES REGARDING PUBLICATION OF PUBLIC COMMENTS ON STATEWIDE REFERENDA › Section 250-520-3 - Secretary of State to review public comments for errors in identification of measure number or designation of support or opposition to measure; corrections allowed

Current through 2024-29, July 17, 2024
1. Not later than three (3) business days
				  following the deadline for filing public comments, the Secretary of State shall
				  review each submission to determine whether the person filing the public
				  comments made an error in:
A. Identifying the
				  measure number to which public comments pertain; or
B. Designating the public comments as in
				  support of or in opposition to the ballot measure.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 520 - RULES REGARDING PUBLICATION OF PUBLIC COMMENTS ON STATEWIDE REFERENDA › Section 250-520-4 - Guidelines for retary of State's Citizen's Guide

Current through 2024-29, July 17, 2024
1. The Secretary of State's
Citizen's
				  Guide
will be printed in an 8 ½ by 11 size, on stock to be
				  determined by the Secretary of State.
2. The Secretary of State shall include the
				  following items in the
Citizen's Guide
for each public comment
				  submitted and printed:
A. The name of the
				  person who submitted the public comments;
B. The name of the organization the person
				  represents, if applicable;
C.
				  Whether the public comments support or oppose the measure; and
D. A disclaimer in substantially the
				  following form:
"The printing of this public comment does not constitute an
					 endorsement by the State of Maine, nor does the State warrant the accuracy or
					 truth of any statements made in the public comment."
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 525 - RULES FOR ADMINISTERING THE CENTRAL ISSUANCE AND PROCESSING OF UOCAVA ABSENTEE BALLOTS › Section 250-525-1 - Definitions

Current through 2024-29, July 17, 2024
1.
UOCAVA voter.
UOCAVA voter
				  means any voter covered by the
Uniformed and Overseas Citizen Absentee
				  Voting Act
.This includes any "overseas voter" or "uniformed service
				  voter" as those terms are defined in
				  21-A M.R.S. §1,
				  sub-§§27-B and 46- B.
2.
Secretary of State.
References to the Secretary of State include
				  staff of the Department of the Secretary of State authorized to perform the
				  duties described in this chapter.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 525 - RULES FOR ADMINISTERING THE CENTRAL ISSUANCE AND PROCESSING OF UOCAVA ABSENTEE BALLOTS › Section 250-525-2 - Issuing Absentee Ballots

Current through 2024-29, July 17, 2024
1.
Applications.
Applications for absentee ballots may be received
				  directly from the voter as provided in
				  21-A
				  M.R.S.§§753-A and
				  781-A
				  or they may be forwarded from the municipality of residence after being
				  received from the voter. Either the municipal clerk or the Secretary of State
				  will enter the most recent absentee ballot request date into the Central Voter
				  Registration system and indicate whether the voter designated electronic or
				  mail delivery. If neither is designated, the ballot will be issued by mail
				  provided there is a valid military or overseas mailing address on
				  file.
2.
Issuance by
				  Secretary of State.
State absentee ballots will be issued by the
				  Secretary of State, in accordance with
				  21-A M.R.S.
				  §753-B. The Secretary of State shall
				  fulfill all requirements for issuing UOCAVA absentee ballots as provided in
				  21-A M.R.S.
				  §753-B, except that the Secretary of
				  State staff shall perform the duties required of the municipal clerk.
3.
Deadline to issue ballot.
The
				  Secretary of State shall issue a state absentee ballot for any primary,
				  general, referendum or special federal election at least 46 days prior to the
				  date of that election to any UOCAVA voter who has a valid absentee ballot
				  request on file with the Secretary of State. After the 46-day deadline, the
				  Secretary of State shall continue to issue absentee ballots upon receipt of any
				  valid request filed with the Secretary of State.
4.
List of absentee ballots.
The
				  Secretary of State shall create and maintain, in the Central Voter Registration
				  System, an alphabetical list of the UOCAVA voters who requested or were
				  furnished absentee ballots. This list shall meet the requirements of
				  21-A M.R.S.
				  §753-B, sub-§
										6.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 525 - RULES FOR ADMINISTERING THE CENTRAL ISSUANCE AND PROCESSING OF UOCAVA ABSENTEE BALLOTS › Section 250-525-3 - Receipt of Absentee Ballots from UOCAVA Voters

Current through 2024-29, July 17, 2024
UOCAVA voters may return their voted ballot(s) to the
					 Secretary of State by mail or by an electronic transmission method approved by
					 the Secretary of State. The transmission of an image of a voted ballot by
					 e-mail or fax is an approved method of electronic transmission.
1.
By mail.
When the Secretary
				  of State receives a return envelope apparently containing an absentee ballot
				  the Secretary of State shall follow the procedures provided in
				  21-A M.R.S.
				  §756.
2.
By authorized electronic
				  means.
Upon receipt of one or more faxed or emailed ballot image(s) from
				  a voter, the Secretary of State shall immediately place an Absentee Ballot
				  Privacy Sheet on top of the voted ballot(s) and fold the ballots around the
				  privacy sheet so that the voting contents are concealed, place the ballots into
				  an absentee ballot return envelope, and attach the voter's signed affidavit to
				  the outside of the envelope. The Secretary of State shall then follow the
				  procedures provided in
				  21-A M.R.S.
				  §756.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 525 - RULES FOR ADMINISTERING THE CENTRAL ISSUANCE AND PROCESSING OF UOCAVA ABSENTEE BALLOTS › Section 250-525-4 - Appointment of personnel to process and count UOCAVA absentee ballots

Current through 2024-29, July 17, 2024
1.
Required personnel.
UOCAVA
				  absentee ballots will be processed by a warden and election clerks appointed by
				  the Secretary of State. The Secretary of State may appoint one or more deputy
				  wardens, if needed, to assist with UOCAVA absentee ballot processing and
				  counting.
2.
Qualifications.
Persons appointed to process UOCAVA absentee
				  ballots must be at least 18 years of age, registered to vote and residents of
				  the State.
3.
Appointment by
				  Secretary of State.
Each qualified party will be asked to nominate
				  individuals to fill each position. The Secretary of State must consider these
				  nominations but may appoint any qualified voters to serve. The Secretary of
				  State shall appoint a sufficient number of election clerks from each of the
				  major parties, and may appoint election clerks who are enrolled in a minor
				  party or who are unenrolled. All persons who serve in these positions are
				  entitled to receive compensation at a reasonable rate as determined by the
				  Secretary of State.
4.
Selecting election clerks to serve at an election.
The Secretary
				  of State shall select election clerks to serve at each election from the list
				  of appointees, unless a sufficient number is not available. The Secretary of
				  State shall attempt to maintain a balance between the number of election clerks
				  enrolled in each of the two major parties.
5.
Oath of office.
Before
				  assuming the duties of office, the warden, any deputy
				  warden
s
, and election clerks are sworn by a Dedimus
				  Justice and the oath is recorded.
6.
Term of office.
Appointments
				  of the warden, any deputy warden
s
and election clerks
				  shall be made in the odd-numbered year and shall be effective for all statewide
				  elections held during that year and the subsequent even-numbered
				  year.
7.
Training.
The
				  Secretary of State will provide training to all personnel appointed to process
				  UOCAVA absentee ballots.
8.
Vacancies.
If a sufficient number of election clerks is not
				  available to serve at an election, the Secretary of State may appoint the
				  necessary number of election clerks to fill the vacancies. When filling a
				  vacancy, the Secretary of State shall attempt to appoint a person with the same
				  enrollment status as the person who vacated the position.
9.
Persons ineligible to be appointed
				  to process UOCAVA ballots.
The following persons may not serve in this
				  capacity:
A. An employee of a party or
				  candidate;
B. A person having a
				  direct pecuniary interest in the result of a referendum question;
C. A candidate or member of the candidate's
				  immediate family.
D. Employees of
				  the Legislature and elected state officials.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 525 - RULES FOR ADMINISTERING THE CENTRAL ISSUANCE AND PROCESSING OF UOCAVA ABSENTEE BALLOTS › Section 250-525-5 - Processing of UOCAVA ballots on Election Day

Current through 2024-29, July 17, 2024
Absentee Ballots received from UOCAVA voters shall be
					 processed and counted centrally as authorized by
					 21-A M.R.S.
					 §783, sub-§
										3.
1.
Processing Time and Location
				  Determined by Secretary of State.
UOCAVA absentee ballots may be
				  processed during any period prior to election day and on election day in which
				  municipalities conducting elections are authorized bylaw to process absentee
				  ballots, and on election day until all absentee ballots are processed. At least
				  7 days prior to the election, the Secretary of State shall determine the
				  location and schedule for processing of UOCAVA absentee ballots. The Secretary
				  of State also shall designate a time period prior to the starting time listed
				  for processing for the public to examine absentee ballot applications and
				  return envelopes. The Secretary of State shall post this information on its
				  publicly accessible web site and provide written notice to the state party
				  committees.
2.
Envelopes and
				  lists delivered.
On each day or time designated for processing UOCAVA
				  absentee ballots, the Secretary of State shall deliver or have delivered to the
				  personnel authorized to process UOCAVA ballots the return envelopes prescribed
				  by
				  21-A M.R.S.
				  §752, sub -§3, with the
				  applications attached, if applicable, and a copy of the list required by
				  21-A M.R.S.
				  §753-B, sub-§
										6.
3.
Processing procedure.
The
				  UOCAVA absentee ballots shall be processed by the appointed personnel using the
				  list provided by the Secretary of State. Ballots may be processed in batches if
				  the Secretary of State provides the ballots to the authorized personnel in that
				  manner.
A.
Signature of UOCAVA voter
				  required.
When a UOCAVA voter is issued an absentee ballot by the
				  Secretary of State, the voter will be issued an affidavit form. A voter who is
				  issued an absentee ballot by mail also will be issued a ballot return envelope
				  which includes a space for the voter's signature. A UOCAVA voter must sign at
				  least one of these documents (either the affidavit or the absentee ballot
				  return envelope) in order for the ballot to be valid. If a ballot is returned
				  by mail without a signature on either of these documents, the ballot must be
				  rejected. A voter who returns a ballot by electronic means must complete and
				  sign the affidavit and return it with the voted ballot in order for the ballot
				  to be valid. If a ballot is returned by electronic means without a signature on
				  the affidavit, the ballot must be rejected.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 525 - RULES FOR ADMINISTERING THE CENTRAL ISSUANCE AND PROCESSING OF UOCAVA ABSENTEE BALLOTS › Section 250-525-6 - Applicability to Special Election

Current through 2024-29, July 17, 2024
For a special election conducted by the state pursuant to
					 Title 21-A, the Secretary of State may choose to delegate any of these
					 processes to the municipal clerks in the affected municipalities.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 535 - RULES GOVERNING THE ADMINISTRATION OF ELECTIONS DETERMINED BY RANKED-CHOICE VOTING › Section 250-535-1 - Applicability of Ranked-choice Voting

Current through 2024-29, July 17, 2024
Elections for an office defined in 21-A M.R.S.A. §1,
					 sub-§27-C will be determined by the ranked-choice voting process described
					 in these rules when there are three or more candidates who have qualified to be
					 listed on the ballot for that office or when there is a combination of at least
					 two candidates who have qualified to be listed on the ballot for that office
					 plus at least one declared write-in candidate.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 535 - RULES GOVERNING THE ADMINISTRATION OF ELECTIONS DETERMINED BY RANKED-CHOICE VOTING › Section 250-535-2 - Definitions

Current through 2024-29, July 17, 2024
1. "Continuing ballot", as defined in 21-A
				  M.R.S.A. §723-A, sub-§1, paragraph B, means a ballot that is not an
				  exhausted ballot.
2. "Continuing
				  candidate," as defined in 21-A M.R.S.A. §723-A, sub-§1, paragraph C,
				  means a candidate who has not been defeated.
3. "Election results reporting program" means
				  the software program that is compatible with the current tabulation system used
				  by the state and is capable of processing and aggregating the results and cast
				  vote records.
4. "Ranking," as
				  defined in 21-A M.R.S.A. §723-A, sub-§1, paragraph I, means the
				  number or the numeric position assigned on a ballot by a voter to a candidate
				  to express the voter's preference for that candidate. Ranking number one is the
				  highest ranking, ranking number two is the next-highest ranking and so
				  on.
5. "RCV count" means the
				  ranked-choice counting process defined in these rules.
6. "RCV counting facility" means a facility
				  in the Augusta area selected by the Secretary of State and the room or rooms in
				  that facility in which one or more RCV counts will take place.
7. "RCV counting utility" means a specialty
				  software program or utility that incorporates the ranked-choice vote counting
				  requirements defined in Section 4, subsection 2 of these rules, and
				  electronically completes the rounds of the RCV count.
8. "Skipped ranking," as defined in 21-A
				  M.R.S.A. §723-A, sub-§1, paragraph K, means a circumstance in which a
				  voter has left a ranking blank and ranks a candidate at a subsequent
				  ranking.
9. "UOCAVA election
				  officials" means the officials who centrally process and count the absentee
				  ballots received by the Secretary of State from Maine uniformed service and
				  overseas voters pursuant to Chapter 525, Rules for Administering the Central
				  Issuance and Processing of UOCAVA Absentee Ballots.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 535 - RULES GOVERNING THE ADMINISTRATION OF ELECTIONS DETERMINED BY RANKED-CHOICE VOTING › Section 250-535-3 - Ballot Design

Current through 2024-29, July 17, 2024
1.
Authority
				  of Secretary of State.
The Secretary of State has the sole authority to
				  determine the design of ballots containing ranked-choice voting contests,
				  including whether to place ranked-choice contests and non-ranked-choice
				  contests on the same or separate ballot pages. This determination will be made
				  after the candidate filing deadline has passed, when the number of contests
				  subject to ranked-choice voting and the number of candidates who have qualified
				  for those contests is known. Ranked-choice contests will be grouped together
				  and presented either on a separate ballot page from the non-ranked-choice
				  contests, or on one side of a combined ranked-choice and non-ranked-choice
				  ballot page. Ballot heading information and specific instructions will be
				  presented above or next to the first contest of each type (i.e., ranked-choice
				  contest, non-ranked-choice contest or referendum contest). Each ballot page or
				  grouping of contests will adhere to the ballot order and layout requirements,
				  as near as practicable, of 21-A M.R.S.A. §601, §604-A, §723-A.
				  The final design will be based on the space and design limitations of the
				  ballot design software, while following the best practices for ballot design to
				  the greatest extent possible.
2.
Ranked-choice layout.
The ballot will be designed in a manner that
				  allows voters to rank as many candidates as they wish, up to and including all
				  listed candidates and one declared write-in candidate, in order of choice. If
				  there is no declared write-in candidate who has qualified in accordance with
				  21-A M.R.S.A. §722-A for a ranked-choice voting contest, then the
				  Secretary of State may eliminate the write-in space for the contest so that the
				  voter will have the ability to rank only the candidates listed on the
				  ballot.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 536 - RULES ESTABLISHING PROCEDURES FOR REQUESTING AND CONDUCTING RECOUNTS OF ELECTIONS DETERMINED BY RANKED-CHOICE VOTING › Section 250-536-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Candidate A
. "Candidate A"
				  means the apparent winner in the final round of the ranked-choice vote counting
				  process conducted pursuant to Title 21-A, section 723-A and Chapter 535 of the
				  Department's rules.
2.
Candidate B
. "Candidate B" means the requesting candidate in a
				  recount involving the two candidates in the final round of ranked-choice
				  counting, or the candidate with the second-highest ranking at the end of the
				  penultimate round in a recount involving three candidates.
3.
Candidate C
. "Candidate C"
				  means the requesting candidate who received the third highest ranking at the
				  end of the penultimate round of ranked-choice voting, in a recount involving
				  three candidates.
4.
Preferred Candidate
. "Preferred Candidate" means the recount
				  candidate who is ranked higher than the other recount candidates on a specific
				  ballot, but who was not selected as the first choice.
5.
Recount Candidate
. "Recount
				  candidate" means any candidate whose votes are being recounted in the recount
				  process. A candidate must have received one of the three highest rankings in
				  the penultimate round of ranked-choice vote counting in order to be a recount
				  candidate.
6.
Requesting
				  Candidate
. "Requesting candidate" means the candidate who submits the
				  request for a recount.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 536 - RULES ESTABLISHING PROCEDURES FOR REQUESTING AND CONDUCTING RECOUNTS OF ELECTIONS DETERMINED BY RANKED-CHOICE VOTING › Section 250-536-2 - REQUESTING A RECOUNT

Current through 2024-29, July 17, 2024
1.
Deadline
				  to request
. Notwithstanding the deadline to request a recount under
				  21-A M.R.S.A.
				  §737-A, Candidate B or C who is the
				  apparent loser of an election determined by ranked-choice voting and who
				  desires a recount must file with the Secretary of State a written, signed
				  request for a recount, along with the applicable deposit, within 5 business
				  days after the Secretary of State announces the official results of the
				  ranked-choice voting count, pursuant to Chapter 535, section 6, subsection
				  4.
2.
Prohibited from requesting
				  recount
. Candidates who did not receive one of the top three rankings at
				  the end of the penultimate round of ranked-choice counting, and candidates who
				  were defeated by batch elimination in any round or whose final vote totals
				  based on the tally of first choice votes show it would be mathematically
				  impossible for them to win may not request a recount.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 536 - RULES ESTABLISHING PROCEDURES FOR REQUESTING AND CONDUCTING RECOUNTS OF ELECTIONS DETERMINED BY RANKED-CHOICE VOTING › Section 250-536-3 - DEPOSIT FOR RECOUNT

Current through 2024-29, July 17, 2024
1. Deadline for
				  payment of deposit. The candidate requesting a recount must pay the deposit
				  required by
				  21-A M.R.S.A.
				  §737-A, sub-§1 or 1- A, as
				  applicable, at the time the written and signed request for the recount is
				  submitted to the Secretary of State, or after the estimated cost of performing
				  the first stage of the recount is calculated, whichever occurs later. If
				  Candidate C requests the recount, the deposit must be calculated based on the
				  percentage difference between the total votes that Candidate C received in the
				  penultimate round and the total votes received by the apparent winner in the
				  penultimate round of ranked-choice voting.
2. Multiple candidates requesting recount for
				  same office. If more than one candidate requests a recount for the same
				  statewide or multicounty office, each candidate must pay a deposit, but the
				  final cost of the recount will be shared among each requesting candidate for
				  each stage in which they remain a participant in the recount.
3. Form of payment for deposit. Payment must
				  be in the form of a check or money order.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 536 - RULES ESTABLISHING PROCEDURES FOR REQUESTING AND CONDUCTING RECOUNTS OF ELECTIONS DETERMINED BY RANKED-CHOICE VOTING › Section 250-536-4 - PREPARATION FOR RECOUNTS

Current through 2024-29, July 17, 2024
1.
Designating State Recount Personnel
A.
Recount Supervisor
. The
				  recount will be conducted under the supervision of the Secretary of State, or
				  his or her designee, who is called the Recount Supervisor. The Recount
				  Supervisor will direct and oversee the conduct of the recount according to the
				  laws, rules and procedures governing the conduct of the recount and the conduct
				  of elections.
B.
Recount
				  Assistants
. The Secretary of State will provide the necessary number of
				  Department staff to act as Recount Assistants. The Recount Supervisor will
				  assign one Recount Assistant to each counting team and will assign Recount
				  Assistants to other tasks as necessary.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 536 - RULES ESTABLISHING PROCEDURES FOR REQUESTING AND CONDUCTING RECOUNTS OF ELECTIONS DETERMINED BY RANKED-CHOICE VOTING › Section 250-536-5 - GENERAL PROCEDURES FOR RECOUNTS

Current through 2024-29, July 17, 2024
1.
Security of the Recount Area
. There will be a guardrail enclosure
				  set up to separate the recount area from the public viewing area. In addition
				  to the State recount personnel, only the candidates' representatives or
				  counsel, and the counters may be within the guardrail enclosure. All persons
				  participating in the recount, including the Recount Supervisor and Recount
				  Assistants, must sign in before the start of the recount, on a form provided by
				  the Secretary of State. Candidates and members of the public must remain
				  outside the guardrail area. Only limited conversation will be permitted in the
				  recount room. Cell phones must be silenced during the recount and may be used
				  within the guardrail area only by the Recount Supervisor or Recount Assistants
				  as needed to conduct the recount. Any person who causes a disruption of the
				  recount process may be removed from the room, at the discretion of the Recount
				  Supervisor.
2.
Inspection of
				  Materials
A.
Prior to
				  Counting
. Prior to the beginning of the recount, the candidates'
				  representatives or counsel will be allowed within the guardrail enclosure to
				  inspect the tamper-proof containers, locks and seals and to sign off on their
				  condition.
B.
During the
				  Recount
. Used (voted) ballots will be inspected and counted during the
				  recount process as provided in subsection 4 below. Once the final count for a
				  municipality has been determined, the voted ballots for that municipality will
				  be resealed in tamper-proof containers, and will not be available for
				  inspection again unless the Recount Supervisor later determines, after
				  consultation with the candidates or their counsel, that re-inspection is
				  necessary to resolve a factual dispute or question about the validity of the
				  recount. If additional materials have been retrieved pursuant to section 4,
				  subsection 4(C) of these rules, they may be inspected as follows:
(1) The containers of unused state ballots
				  may be inspected immediately after that municipality's ballots have been
				  counted, or they may be held for inspection until after all the ballots in the
				  electoral district have been counted.
(2) The incoming voting lists, absentee
				  ballot envelopes and other election materials may be inspected upon request of
				  one or both of the candidates or their counsel, or at the direction of the
				  Recount Supervisor, after all the ballots in the electoral district have been
				  counted and the Final Recount Tabulation has been prepared.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 536 - RULES ESTABLISHING PROCEDURES FOR REQUESTING AND CONDUCTING RECOUNTS OF ELECTIONS DETERMINED BY RANKED-CHOICE VOTING › Section 250-536-6 - PROCEDURES FOR RECOUNTS INVOLVING TWO CANDIDATES IN THE FINAL ROUND OF RANKED-CHOICE VOTING

Current through 2024-29, July 17, 2024
This section sets forth the procedure for conducting a
					 recount requested by Candidate B and involving the two continuing candidates in
					 the final round of the ranked-choice counting process.
1.
Step 1 - Sort ballots by first
				  choice votes
. On a municipality-by-municipality basis, or on a
				  precinct-by-precinct basis within multi-precinct municipalities, the counting
				  teams will sort the ballots into four groups, as follows:
A. Ballots with Candidate A marked as the
				  first choice,
B. Ballots with
				  Candidate B marked as the first choice,
C. Ballots with neither recount candidate
				  marked as the first choice, and
D.
				  Disputed ballots - ballots for which the members of the counting team cannot
				  agree which candidate was selected by the voter.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 536 - RULES ESTABLISHING PROCEDURES FOR REQUESTING AND CONDUCTING RECOUNTS OF ELECTIONS DETERMINED BY RANKED-CHOICE VOTING › Section 250-536-7 - PROCEDURES FOR RECOUNTS INVOLVING THE THREE CANDIDATES IN THE PENULTIMATE ROUND OF RANKED-CHOICE VOTING

Current through 2024-29, July 17, 2024
This section describes the procedure for conducting a
					 recount involving the three continuing candidates in the penultimate round of
					 the ranked-choice counting process when requested by Candidate C or by
					 Candidates B and C.
1.
Step 1 -
				  Sort ballots by first choice votes
. On a municipality-by-municipality
				  basis, or on a precinct-by-precinct basis within multi-precinct municipalities,
				  the counting teams will sort the ballots into five groups, as follows:
A. Ballots with Candidate A marked as the
				  first choice,
B. Ballots with
				  Candidate B marked as the first choice,
C. Ballots with Candidate C marked as the
				  first choice,
D. Ballots with none
				  of the recount candidates marked as the first choice, and
E. Disputed ballots - ballots for which the
				  members of the counting team cannot agree which candidate was selected by the
				  voter.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 536 - RULES ESTABLISHING PROCEDURES FOR REQUESTING AND CONDUCTING RECOUNTS OF ELECTIONS DETERMINED BY RANKED-CHOICE VOTING › Section 250-536-8 - RESOLUTION OF THE RECOUNT

Current through 2024-29, July 17, 2024
1.
Final
				  Recount Tabulation
. After the ballots from all the municipalities
				  included in the recount have been recounted, and after the recount candidates
				  or their counsel have had an opportunity to inspect other election materials if
				  requested pursuant to section 4, subsection 4, paragraph C of this rule, the
				  Recount Supervisor shall prepare a Final Recount Tabulation showing the sum of
				  the final counts agreed to in each municipality, including the number of
				  challenged ballots and ballots remaining in dispute. Each candidate, or their
				  counsel or their representative, will then be required to sign the Municipal
				  Tabulation for each municipality in the electoral district (if not already
				  signed pursuant to section 5, subsection 4, paragraph I of this rule) and the
				  Final Recount Tabulation. Once the recount candidates or their counsel have
				  signed the Final Recount Tabulation, that becomes the final count for the
				  election. If the number of challenged or disputed ballots included in the final
				  count for the election is not enough to affect the result of the election, then
				  the result of the election is determined by the Final Recount Tabulation.
2.
Appeal
. If the
				  number of challenged or disputed ballots included in the final count for the
				  election is enough to affect the result of the election, any recount candidate
				  may appeal the recount as provided in Title 21-A, section 737- A, subsection
				  10. The result of the election will then be determined by the appeal. All
				  election materials will be packaged, resealed and marked in accordance with
				  Title 21-A, section 737- A, subsection 9.
3.
Withdrawal from Recount
. If a
				  recount candidate wishes to withdraw from the recount at any time, the
				  candidate may do so in writing, subject to the restrictions in
				  21-A M.R.S.A.
				  §737-A, sub-§11.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 550 - RULES FOR DETERMINING VOTER INTENT › Section 250-550-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Voting indicator.
"Voting
				  indicator" means the space provided next to the name of each candidate and
				  ballot question choice, to be used for marking a vote in accordance with a
				  particular type of ballot.
NOTE: On optical scan ballots currently in use, the
					 write-in indicator is a broken arrow or an oval. On hand-counted paper ballots,
					 it is a square.
2.
Write-in candidate.
A "write-in candidate" is a person whose name
				  does not appear on the printed ballot under the office designation to which a
				  voter may wish to elect the candidate.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 550 - RULES FOR DETERMINING VOTER INTENT › Section 250-550-2 - DEFECTIVE AND VOID BALLOTS

Current through 2024-29, July 17, 2024
1.
Defective
				  ballots.
A ballot that is not designed and printed in accordance with
				  the requirements of Title 21-A is defective and should be handled in accordance
				  with Title 21-A section 696, subsection 3. A defective ballot that has been
				  cast by a voter may be counted only in accordance with the following rules:
A. The ballot may
not
be counted
				  if it is photocopy of a ballot, produced on a copy machine, unless it was
				  produced by the election officials under the express authorization of the
				  Secretary of State's office in the event of an emergency pursuant to 21-A
				  M.R.S.A. §604.
B. The ballot
				  may
not
be counted if it is a sample ballot.
C. If the ballot is not completely printed,
				  or if the printing is illegible, only those votes in candidate races and ballot
				  questions for which the printing is legible and complete may be
				  counted.
D. If the ballot was
				  prepared for a different municipality or voting district, outside the voting
				  jurisdiction where the ballot was cast, then only the votes in candidate races
				  and ballot questions applicable to the jurisdiction where the ballot was cast
				  may be counted.
E. If the ballot
				  has been torn or crumpled, then it must be hand counted, and the votes counted
				  only in those candidate races and ballot questions for which the ballot remains
				  legible and voter intent may be determined in accordance with section 4 of
				  these rules.
Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 550 - RULES FOR DETERMINING VOTER INTENT › Section 250-550-3 - INVALID VOTES

Current through 2024-29, July 17, 2024
1.
Write-in
				  candidates.
A vote for a write-in candidate is deemed invalid by statute
				  and may not be counted if:
A. the voter
				  writes in the name of a person who has not filed a Declaration of Write-in
				  Candidacy as provided by 21-A M.R.S. § 722-A;
B. the voter writes in the name of a declared
				  write-in candidate in the blank space provided for a write-in but does not mark
				  the voting indicator; or
C. the
				  voter pastes in a printed sticker for a declared write-in candidate, whether or
				  not the voting indicator is marked.