USA Statutes : maine
Title : Title 21-A. ELECTIONS
Chapter : Chapter 01. GENERAL PROVISIONS
Title 21-A - §2. Delegation of authority
Title 21-A: ELECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 1: DEFINITIONS, CONSTRUCTION AND APPLICATION
§2. Delegation of authority
When this Title requires the performance of a duty by an official, he may delegate the duty to another under his supervision,
if it is ministerial.
[1985, c. 161, § 6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §21. Form and content of documents
Title 21-A: ELECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 2: RECORDS AND DOCUMENTS
§21. Form and content of documents
The Secretary of State may establish the form and content of all forms, lists, documents and records required by or necessary
to the efficient operation of this Title.
[1985, c. 161, § 6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §22. Records and documents are public; exception for ballots and voter address
Title 21-A: ELECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 2: RECORDS AND DOCUMENTS
§22. Records and documents are public; exception for ballots and voter address
1. Public records. All lists, books, documents and records required to be prepared by or filed with a public official are public records, except
as otherwise provided in this Title. Public records are open to public inspection during regular business hours under proper
protective regulations made by the official charged with their custody.
[2005, c. 453, §5 (amd).]
2. Ballots. Ballots are not public records and may be inspected only in accordance with this Title.
[1997, c. 248, §1 (new).]
3. Address of registered voter. Notwithstanding subsection 1 and Title 1, section 408, if a registered voter is certified by the Secretary of State as a
program participant in the Address Confidentiality Program pursuant to Title 5, section 90-B, all records maintained by the
registrar pertaining to that voter must be kept confidential and must be excluded from public inspection.
[2005, c. 364, §2 (amd).]
4. Disclosure of address.
[2005, c. 364, §3 (rp).]
5. Signature and identification number of registered voter. Notwithstanding subsection 1 and Title 1, section 408, the voter's signature and identification number on the voter registration
application and associated records in electronic format are designated as nonpublic records and the registrar shall exclude
those items from public inspection. Voter signatures on voter registration applications and associated records in a printed
hard-copy format are public records in accordance with subsection 1 and Title 1, section 408.
[2003, c. 584, §1 (new).]
6. Disclosure of voter's signature and identification number electronically. A voter's signature and identification number in electronic format that are excluded from public inspection pursuant to
subsection 5 and associated records may be made available for inspection only to the voter of record, to municipal and state
election officials, to a law enforcement agency that makes a written request to use the information for a bona fide law enforcement
purpose or to a person identified by a court order if directed by that order.
[2003, c. 584, §1 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1997,
Ch. 248,
§1
(RPR).
PL 2003,
Ch. 584,
§1
(AMD).
PL 2005,
Ch. 364,
§2,3
(AMD).
PL 2005,
Ch. 453,
§5
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §23. Preservation and destruction of records
Title 21-A: ELECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 2: RECORDS AND DOCUMENTS
§23. Preservation and destruction of records
The preservation and destruction of records and other materials required by this Title are governed by the following provisions.
[1985, c. 161, §6 (new).]
1. Registration and enrollment applications. The registrar shall keep registration and enrollment applications and requests and all documentation of changes in registration
and enrollment as part of each active or inactive voter's permanent registration record. Records must be kept only 2 years
for a voter whose registration has been cancelled or for an applicant whose registration application has been rejected.
[2005, c. 453, §6 (amd).]
2. Convention certificates. The Secretary of State shall keep the certificates required by section 322 in his office for 2 years.
[1985, c. 161, §6 (new).]
3. Primary and nomination petitions. The Secretary of State shall keep primary petitions, nomination petitions and consents in his office for 2 years.
[1985, c. 161, §6 (new).]
4. Receipts for ballots. The Secretary of State and each clerk shall keep a record of receipts for ballots issued and received under sections 606
and 651 in his office for one year.
[1985, c. 161, §6 (new).]
5. Receipt of incoming voting list. The registrar shall keep the receipt for certified copies of the incoming voting list required by section 624, subsection
2, in the registrar's office for one year.
[2005, c. 453, §7 (amd).]
6. Election tabulations. The Secretary of State shall keep election tabulations in his office for 10 years.
[1985, c. 161, §6 (new).]
7. Ballots and other election materials. The clerk shall keep the ballots and other election materials listed in section 698 in his office for 22 months and incoming
voting lists for 2 years, unless sooner released to the Secretary of State or required by the Secretary of State to be kept
longer. Once released to the Secretary of State, they shall be kept by him until any appeal period bearing on the validity
of the election has expired. Notwithstanding this subsection, ballots used for municipal elections conducted under this Title,
referenda elections or special legislative elections shall be kept for 2 months.
[1985, c. 383, §1 (amd).]
8. Certificate of presidential electors. The Secretary of State shall keep the certificate of the votes of the presidential electors, delivered to him under section
805, in his office for one year.
[1985, c. 161, §6 (new).]
9. Registration of treasurer. The Commission on Governmental Ethics and Election Practices shall keep the registration of a treasurer under section 1013
in its office for 2 years.
[1985, c. 161, §6 (new).]
10. Records and campaign finances. Each treasurer and each candidate shall keep the records required by section 1016 for 2 years following the election to
which they pertain.
[1985, c. 161, §6 (new).]
11. Campaign reports. The Commission on Governmental Ethics and Election Practices shall keep the campaign reports or report data in its office
for at least 8 years.
[IB 1995, c. 1, §10 (amd).]
12. Certificate of appointment. The Secretary of State shall keep a certificate of appointment to fill a vacancy under section 363 in his office for 2 years.
[1985, c. 161, §6 (new).]
13. Miscellaneous. The official charged with the custody of any record not specifically provided for in this section shall keep it in his office
for 2 years.
[1985, c. 161, §6 (new).]
14. Destruction of records. After the records and other materials have been kept for the required period, they may be destroyed. Posted notices, sample
ballots and instruction posters may be destroyed as soon as the election to which they pertain is past. Ballots must be destroyed
using a method that makes the contents unreadable.
[2003, c. 447, §4 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1985,
Ch. 383,
§1
(AMD).
IB 1995,
Ch. 1,
§10
(AMD).
PL 1995,
Ch. 459,
§2
(AMD).
PL 1997,
Ch. 436,
§10,11
(AMD).
PL 2001,
Ch. 310,
§3
(AMD).
PL 2003,
Ch. 447,
§4
(AMD).
PL 2003,
Ch. 584,
§2
(AMD).
PL 2005,
Ch. 453,
§6,7
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §24. Newspaper publication to be reasonably noticeable
Title 21-A: ELECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 2: RECORDS AND DOCUMENTS
§24. Newspaper publication to be reasonably noticeable
When publication in a newspaper is required by this Title, the item published must be set in such a size and location as to
be reasonably noticeable.
[1985, c. 161, § 6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §25. Ditto marks
Title 21-A: ELECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 2: RECORDS AND DOCUMENTS
§25. Ditto marks
Ditto marks may be used, wherever practicable, in the preparation of lists required under this Title.
[1985, c. 161, § 6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §3. Signatures and names
Title 21-A: ELECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 1: DEFINITIONS, CONSTRUCTION AND APPLICATION
§3. Signatures and names
When this Title requires a name or signature on a document, immaterial irregularities shall not invalidate the name or signature
if the identity of the person named is clear to the public official charged with reviewing that document.
[1985, c. 161, §6 (new).]
1. Immaterial irregularities. Immaterial irregularities include, but are not limited to, misspelling, inclusion or omission of initials and substitution
of initials or nicknames for given names.
[1997, c. 436, §8 (amd).]
2. Application. This policy shall apply to circumstances including, but not limited to, the following:
A. Absentee ballot applications;
[1985, c. 161, §6 (new).]
B. Absentee ballot affidavits;
[1985, c. 161, §6 (new).]
C. Signatures on petitions; and
[1985, c. 161, §6 (new).]
D. Names appearing for write-in candidates on ballots.
[1985, c. 161, §6 (new).]
[1985, c. 161, §6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1997,
Ch. 436,
§8
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §31. Class E crimes (REPEALED)
Title 21-A: ELECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 3: GENERAL PENALTIES
§31. Class E crimes (REPEALED)
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1993,
Ch. 473,
§1
(RP ).
PL 1993,
Ch. 473,
§46
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §32. Violations and penalties
Title 21-A: ELECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 3: GENERAL PENALTIES
§32. Violations and penalties
1. Class E crime. A person commits a Class E crime if that person:
A. Knowingly violates a provision of this Title for which no penalty has been provided; or
[1993, c. 473, §2 (new); §46 (aff).]
B. Knowingly displays or distributes political advertisements in or on state-owned or state-leased property.
This paragraph does not apply to acts on state highways or to displays on motor vehicles not owned by the State while temporarily
parked in parking areas on land maintained by the State. This paragraph does not apply to acts in or on a state-owned or
state-leased building for a period beginning 48 hours before and ending 48 hours after that building is used by a political
party to conduct a political activity within the building.
[1993, c. 473, §2 (new); §46 (aff).]
[1993, c. 473, §2 (new); §46 (aff).]
2. Class D crime. A person commits a Class D crime if that person:
A. Is a public official and knowingly fails or refuses to perform a duty required of that official under this Title.
[1993, c. 473, §2 (new); §46 (aff).]
[1993, c. 473, §2 (new); §46 (aff).]
3. Class C crime. A person commits a Class C crime if that person misuses a state government computer system. For purposes of this subsection,
a person is guilty of misuse of a state government computer system if that person knowingly uses a computer system operated
by a state department or agency, the Judicial Department or the Legislature:
A. To prepare materials with the intent to expressly advocate, to those eligible to vote, for the election or defeat of any
candidate for a federal office, a constitutional office or elective municipal, county or state office, including leadership
positions in the State Senate and the State House of Representatives; or
[2003, c. 176, §3 (new).]
B. With the intent to solicit contributions reportable under chapter 13.
[2003, c. 176, §3 (new).]
For purposes of this subsection, "computer system" has the same meaning as in Title 17-A, section 431 and "leadership positions"
means the presiding officers of each House of the Legislature, party leaders, the Clerk of the House, the Assistant Clerk
of the House, the Secretary of the Senate and the Assistant Secretary of the Senate.
[2003, c. 176, §3 (new).]
Section History:
PL 1993,
Ch. 473,
§2
(NEW).
PL 1993,
Ch. 473,
§46
(AFF).
PL 2003,
Ch. 176,
§3
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §33. Prosecution of violations
Title 21-A: ELECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 3: GENERAL PENALTIES
§33. Prosecution of violations
The Attorney General shall designate a Deputy Attorney General or an Assistant Attorney General to investigate and prosecute
alleged violations of the election laws. This section does not preclude a district attorney from investigating and prosecuting
election law violations.
[1993, c. 473, §2 (new); §46 (aff).]
Section History:
PL 1993,
Ch. 473,
§2
(NEW).
PL 1993,
Ch. 473,
§46
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §5. Application to plantations
Title 21-A: ELECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 1: DEFINITIONS, CONSTRUCTION AND APPLICATION
§5. Application to plantations
The provisions of this Title pertaining to towns apply equally to plantations.
[1985, c. 161, § 6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §6. Date falling on holiday
Title 21-A: ELECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 1: DEFINITIONS, CONSTRUCTION AND APPLICATION
§6. Date falling on holiday
When the date on which an act must be performed or an event must take place falls on a Saturday, Sunday or legal holiday,
the act shall be performed or the event shall take place on the next following business day.
[1989, c. 166, §1 (new).]
Section History:
PL 1989,
Ch. 166,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §7. Use of words
Title 21-A: ELECTIONS
Chapter 1: GENERAL PROVISIONS
Subchapter 1: DEFINITIONS, CONSTRUCTION AND APPLICATION
§7. Use of words
When used in this Title, the words "shall" and "must" are used in a mandatory sense to impose an obligation to act or refrain
from acting in the manner specified by the context. The word "may," when used in this Title, is used in a permissive sense
to grant authority or permission, but not to create duty, to act in the manner specified by the context. When used in this
Title, the term "may not" indicates a lack of authority or permission to act or refrain from acting in the manner specified
by the context, whereas the term "shall not" indicates a duty to refraim from action or omission in the manner specified by
the context.
[1989, c. 166, §1 (new).]
Section History:
PL 1989,
Ch. 166,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
