USA Statutes : maine
Title : Title 21-A. ELECTIONS
Chapter : Chapter 09. CONDUCT OF ELECTIONS
Title 21-A - §601-A. Presidential preference primary ballot (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1: PREELECTION PROCEDURE
Article 1: SECRETARY OF STATE'S RESPONSIBILITIES
§601-A. Presidential preference primary ballot (REPEALED)
Section History:
PL 1987,
Ch. 797,
§3
(NEW).
PL 1993,
Ch. 334,
§4
(AMD).
PL 1993,
Ch. 473,
§14
(AMD).
PL 1993,
Ch. 473,
§46
(AFF).
PL 1995,
Ch. 154,
§9
(AMD).
PL 1997,
Ch. 436,
§69-71
(AMD).
PL 1999,
Ch. 426,
§18
(AMD).
PL 2001,
Ch. 310,
§30
(RP ).
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 - §601. Ballot preparation
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1: PREELECTION PROCEDURE
Article 1: SECRETARY OF STATE'S RESPONSIBILITIES
§601. Ballot preparation
The Secretary of State shall prepare the election ballots according to the following provisions.
[2001, c. 310, §29 (amd).]
1. Arrangement. The ballots must be arranged in a manner that is as consistent and uniform as possible throughout the State.
[1993, c. 473, §11 (amd); §46 (aff).]
2. Content. The ballot must contain the items listed in this section.
A. Instructions must be printed in bold type at the top of the ballot informing the voter how to designate the voter's choice
on the ballot.
[1993, c. 473, §12 (amd); §46 (aff).]
B. The ballot must contain the name, without any title, and place of residence of each candidate, arranged alphabetically with
the last name first, under the proper office designation. The initial letters of the last names of the candidates must be
printed directly beneath each other in a vertical line. The names of candidates for any one office may not be split into more
than one column regardless of number. The name of each candidate may be printed on the ballot in only one space. For the
general election ballot, the party or political designation of each candidate must be printed with each candidate's name.
The party or political designation may be abbreviated.
[2001, c. 310, §29 (amd).]
C. When 2 United States Senators are to be nominated, the term of office sought by each candidate must be specified on the
ballot.
[2001, c. 310, §29 (amd).]
D. At the end of the list of candidates for each office, there must be left as many blank spaces as there are vacancies to
be filled. These spaces may be used by a voter to write in or paste a sticker with the name and municipality of residence
of any person for whom the voter desires to vote, as provided in section 691, subsection 2 for a primary election or section
692, subsection 2 for a general election.
[2003, c. 584, §5 (amd).]
E. Words of explanation such as, "Vote for one" or "Vote for not more than 2" must be printed on the ballot to assist the voter
in voting correctly.
[1985, c. 161, §6 (new).]
F. There must be a place on the ballot for the voter to designate the voter's choice.
[1993, c. 473, §13 (rpr); §46 (aff).]
G. There must be a heading on the ballot that contains the title of the election, the name of the political party, the name
of the voting district or districts for which the ballot was prepared, the date of the election and a facsimile of the state
seal. For each party's primary ballot, the ballot heading must contain the name of the political party participating in the
primary.
[2001, c. 310, §29 (amd).]
H. The name of each nominee must appear on the ballot as follows: last name first followed by the first name and middle name
or initial; or last name first followed by the first name or the first initial and the middle name.
[2003, c. 584, §6 (amd).]
I. For ballots that are double sided, each side of the ballot must include a clearly printed message at the bottom of the ballot
reminding the voter to mark both sides of the ballot.
[2001, c. 310, §29 (new).]
[2003, c. 584, §§5, 6 (amd).]
3. Order of offices. The order of offices on the ballot is as follows: President, United States Senator, Governor, Representative to Congress,
State Senator and Representative to the Legislature followed by the county offices.
[2001, c. 310, §29 (amd).]
4. Distinctively colored. When possible, election ballots must be printed on white paper. Each political party participating in a primary election
must have a separate ballot. The paper for each party's primary ballot must be printed or distinguished with a different
color marking as determined by the Secretary of State. For municipalities that include more than one single member district
of the State Senate or the House of Representatives, or parts of more than one single member district, the Secretary of State
may prepare ballots with one or more distinctive color markings for each single member district or part of a single member
district within the municipality.
[2001, c. 310, §29 (amd).]
5. Size. The Secretary of State shall determine the size of the ballots. With the permission of the Secretary of State, the clerk
may make a reasonable number of enlarged ballots in order to assist voters who are visually impaired. The clerk may also
make a reasonable number of enlarged instruction posters and enlarged sample ballots at the clerk's own discretion. A voter
who is visually impaired may request of the clerk an enlarged ballot or an enlarged sample ballot to assist the voter. The
clerk shall record and report to the Secretary of State the number of enlarged ballots made for visually impaired voters.
[2001, c. 310, §29 (new).]
6. Contents concealed. The ballots may be folded uniformly so that the interior contents are concealed, except in municipalities using electronic
tabulating systems.
[2001, c. 310, §29 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1993,
Ch. 473,
§11-13
(AMD).
PL 1993,
Ch. 473,
§46
(AFF).
PL 1997,
Ch. 436,
§67,68
(AMD).
PL 1999,
Ch. 426,
§17
(AMD).
PL 2001,
Ch. 310,
§29
(AMD).
PL 2003,
Ch. 584,
§5,6
(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 - §602. General election ballot (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1: PREELECTION PROCEDURE
Article 1: SECRETARY OF STATE'S RESPONSIBILITIES
§602. General election ballot (REPEALED)
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1993,
Ch. 255,
§1,2
(AMD).
PL 1993,
Ch. 473,
§15,16
(AMD).
PL 1993,
Ch. 473,
§46
(AFF).
PL 1993,
Ch. 695,
§24,25
(AMD).
PL 1995,
Ch. 459,
§35,36
(AMD).
PL 1997,
Ch. 436,
§72-76
(AMD).
PL 2001,
Ch. 310,
§31
(RP ).
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 - §603. Sample ballots
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1: PREELECTION PROCEDURE
Article 1: SECRETARY OF STATE'S RESPONSIBILITIES
§603. Sample ballots
Sample ballots are governed by the following provisions.
[1997, c. 436, §77 (amd).]
1. Secretary of State to prepare. The Secretary of State shall prepare the sample ballots.
A. The words "SAMPLE BALLOT" in bold type, the title and date of the election, and the name of the voting district must be
printed at the top of the ballot. The facsimile of the state seal may not be printed on it. It must be printed flat with
the back blank. Otherwise, it must be printed substantially the same as a regular ballot.
[1997, c. 436, §77 (amd).]
B. The ballot must be printed on paper of a distinctive color.
[1985, c. 161, §6 (new).]
[1997, c. 436, §77 (amd).]
2. When furnished. The Secretary of State shall send a reasonable number of sample ballots to the clerk for posting, as provided in section
625, and an additional number with the regular ballots.
[1997, c. 436, §77 (amd).]
3. Available for publication. Within a reasonable time before the election, the Secretary of State shall make sample ballots available for publication
in all newspapers having general circulation in the area to which the ballots pertain. A single sample ballot so published
may carry the name of each candidate for State Senator and Representative to the Legislature in the area covered by the circulation
of the newspaper. The name of the voting district need not be printed on the published sample ballot.
[1997, c. 436, §77 (amd).]
4. Candidate or nominee to fill vacancy.
[1995, c. 459, §38 (rp).]
4-A. Clerk to review sample ballots. Upon receipt, the clerk shall review the sample ballots for accuracy and must immediately notify the Secretary of State
of any errors.
[1997, c. 436, §77 (amd).]
4-B. Duplication of sample ballots. Sample ballots may be duplicated as needed at the clerk's own discretion.
[1997, c. 436, §77 (amd).]
5. Sample ballot instructions printed in French language. The Secretary of State shall prepare ballot instructions in the French language, to be printed on a separate sheet of paper
that may conveniently be attached to sample ballots. The Secretary of State shall furnish these ballot instruction sheets
upon request by the clerk of a municipality.
[1997, c. 436, §77 (amd).]
6. Violation; unofficial specimen ballot.
[1985, c. 383, §9 (rp).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1985,
Ch. 383,
§9
(AMD).
PL 1995,
Ch. 459,
§37-39
(AMD).
PL 1997,
Ch. 436,
§77
(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 - §604-A. Flexibility for combining election ballots
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1: PREELECTION PROCEDURE
Article 1: SECRETARY OF STATE'S RESPONSIBILITIES
§604-A. Flexibility for combining election ballots
Notwithstanding any other provision of this Title, the Secretary of State may make suitable arrangement for the printing of
candidate, referendum and municipal election ballots on a single ballot or ballot card used in conjunction with electronic
voting systems or for the printing of candidate and referendum ballots on a single ballot for paper ballot voting systems.
The Secretary of State may only allow such a combination if the Secretary of State finds that it is in the interest of the
election process and that it will not contribute to voter confusion or unreasonable administrative difficulties.
[1997, c. 436, §79 (amd).]
Section History:
PL 1987,
Ch. 188,
§5
(NEW).
PL 1997,
Ch. 436,
§79
(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 - §604. Emergency ballot procedure
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1: PREELECTION PROCEDURE
Article 1: SECRETARY OF STATE'S RESPONSIBILITIES
§604. Emergency ballot procedure
In an emergency as described in subsection 2, the Secretary of State may prepare new ballots, amend those already printed
or procure ballots from another municipality or voting district. He may authorize any clerk to do the same.
[1985, c. 161, §6 (new).]
1. Ballots amended. Ballots already printed may be amended by having corrective stickers added, or by some other means, as directed by the Secretary
of State.
[1997, c. 436, §78 (amd).]
2. Emergency described. An emergency may exist as follows:
A. If there is a shortage of ballots;
[1985, c. 161, §6 (new).]
B. If the ballots are not delivered in time for the election;
[1985, c. 161, §6 (new).]
C. If the ballots are missing, defaced or destroyed; or
[1985, c. 161, §6 (new).]
D. If replacement of a vacancy or the correction of an error in the ballot requires its amendment.
[1985, c. 161, §6 (new).]
[1985, c. 161, §6 (new).]
3. Candidate or nominee to fill vacancy. When a candidate for nomination or a nominee is chosen to fill a vacancy, the Secretary of State and the clerk of each interested
municipality shall perform the duties required by this section as promptly as possible.
[1995, c. 459, §40 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1995,
Ch. 459,
§40
(AMD).
PL 1997,
Ch. 436,
§78
(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 - §605. Instructions
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1: PREELECTION PROCEDURE
Article 1: SECRETARY OF STATE'S RESPONSIBILITIES
§605. Instructions
1. For election officials. The Secretary of State shall provide the clerk, registrar and election officials of each municipality with printed instructions
and information to assist them in performing the requirements of this Title.
[1985, c. 161, §6 (new).]
2. For voters. The Secretary of State shall prepare instruction posters to guide voters in replacing spoiled ballots and correctly marking
their ballots, including the procedure for write-in votes.
A. A notice must be conspicuously posted at the entrances to all polling places and voter registration places informing voters
and others of the penalties for voting law violations and that knowingly violating the State's election laws is a crime punishable
by up to 10 years in state prison and a fine not to exceed $20,000.
[2001, c. 310, §32 (amd).]
[2001, c. 310, §32 (amd).]
3. Poster for prospective registrants and voters. The Secretary of State shall prepare instruction posters to advise prospective registrants and voters of their rights.
A. An instruction poster advising prospective registrants and voters of their rights must be conspicuously posted at the entrances
to all polling places and voter registration places.
[2001, c. 516, §6 (new).]
[2001, c. 516, §6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1993,
Ch. 473,
§17
(AMD).
PL 1993,
Ch. 473,
§46
(AFF).
PL 2001,
Ch. 310,
§32
(AMD).
PL 2001,
Ch. 516,
§6
(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 - §606-A. Special provisions for out-of-district voters
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1: PREELECTION PROCEDURE
Article 1: SECRETARY OF STATE'S RESPONSIBILITIES
§606-A. Special provisions for out-of-district voters
A voter who registers and votes under section 156 in a municipality outside his representative district, state senatorial
district, county commissioner district or county, may vote for the offices of Representative to the Legislature, State Senator
or any county office by using a ballot obtained under this section.
[1985, c. 363, § 2 (new).]
1. Clerk to notify. The clerk of a municipality in which voters have registered or enrolled under section 156 shall notify the Secretary of
State of those registrations and enrollments at least 60 days before any election.
[1985, c. 363, § 2 (new).]
2. Secretary of State to furnish ballots. The Secretary of State shall review the number of votes cast at the last election of that type by persons registered and
enrolled under section 156 when determining the number of ballots to be furnished to each municipality. These ballots must
contain the names of the nominees or candidates for offices in the electoral divisions in which the voters registered under
section 156 reside.
[1995, c. 459, §45 (amd).]
3. Voter to use proper ballot. The election clerk in charge of the ballots at each voting place shall insure that each voter, registered in that municipality
under section 156, who resides in a different electoral division obtains and uses the proper ballot provided under this section.
[1985, c. 363, § 2 (new).]
4. How furnished. Ballots provided under this section shall be furnished to voting places in accordance with section 606.
[1985, c. 363, §2 (new).]
5. County commissioner districts; county referendum. If a township resident registers under section 156 in a municipality outside his county commissioner district, or outside
his county in the case of a county referendum, the commissioners of his county shall perform the duties of the Secretary of
State under this section and section 752, subsection 1, paragraph B. The clerk of a municipality in which these voters have
registered or enrolled under section 156 shall notify the county commissioners of those registrations and enrollments at least
120 days before any election for county commissioner or for the determination of a county referendum question.
[1985, c. 363, § 2 (new).]
Section History:
PL 1985,
Ch. 363,
§2
(NEW).
PL 1995,
Ch. 459,
§45
(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 - §606. Materials furnished
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1: PREELECTION PROCEDURE
Article 1: SECRETARY OF STATE'S RESPONSIBILITIES
§606. Materials furnished
Within a reasonable time before any election, the Secretary of State shall furnish each municipality with official ballots
and sample ballots, including a sufficient number to be used for testing electronic tabulating systems if applicable, instruction
posters, election return forms, posters for constitutional resolutions and statewide referenda, including the Attorney General's
explanatory statements prepared under Title 1, section 353, materials setting forth the full text of all constitutional resolutions
and statewide referenda and other materials necessary for conducting and reporting the results of the election.
[1997, c. 436, §80 (amd).]
1. Number of ballots furnished. The Secretary of State shall review the number of votes cast at the last election of that type as well as current registration
and enrollment statistics in each voting district when determining the number of ballots to be furnished to each municipality.
If the clerk believes that extra ballots will be needed, the clerk must request them from the Secretary of State a reasonable
time before the election. The Secretary of State may send the requested number to the clerk and may furnish as many additional
ballots as the Secretary of State believes necessary.
[1995, c. 459, §42 (amd).]
2. How packaged. The ballots must be packed in sealed, marked packages in units as determined by the Secretary of State. The other election
materials must be separately packed in a sealed package or packages or box or boxes and sent to the clerk of each municipality.
Each package or box must be labeled on the outside with each kind of material enclosed and the name of the voting place for
which it is intended.
[1995, c. 459, §42 (amd).]
2-A. Sample ballots for special, primary and general elections.
[1993, c. 447, §10 (rp).]
2-B. Test ballots.
[1993, c. 447, §11 (rp).]
3. Receipt issued; inspection of ballots in an election. Upon receipt of a package or box containing absentee ballots or blank absentee ballots for an election, the clerk shall
open the sealed package or box of ballots and verify that the ballots do not contain any errors and that the correct number
of ballots has been received. The clerk shall immediately notify the Secretary of State if a ballot is incorrect or if the
correct number of ballots has not been received and shall also immediately send the Secretary of State a receipt for the absentee
ballots received noting any discrepancies on the receipt. The clerk shall then proceed to issue absentee ballots or blank
absentee ballots in response to pending requests. Upon receipt of a package or box containing regular ballots for an election,
the clerk shall open, in the presence of one or more witnesses, the sealed package or box of ballots and verify that the ballots
do not contain any errors and that the correct number of ballots has been received. The clerk shall immediately notify the
Secretary of State if a ballot is incorrect or if the correct number of ballots has not been received. Ballots to be used
for testing electronic tabulating devices may be removed at this time and immediately marked as provided by subsection 3-A.
The clerk shall complete the clerk's portion of the warden's receipt of ballots and shall then reseal the package or box
of regular ballots and secure the package or box of ballots until election day when it is delivered to the warden at the polling
place.
[2001, c. 667, Pt. B, §11 (amd); §12 (aff).]
3-A. Use of test ballots in an election. Ballots may be used to test electronic tabulating devices under section 854. In the presence of one or more witnesses,
the clerk shall clearly mark each ballot used for testing with the word "TEST" across the front side of the ballot in black
or blue indelible ink. The clerk shall keep a record of the number of ballots used for testing purposes and seal the record
with the test ballots in a container labeled "TEST BALLOTS" at the conclusion of the testing.
A.
[1993, c. 447, §13 (rp).]
[1995, c. 459, §44 (amd).]
4. Records kept. The Secretary of State shall keep a record of the time when and the manner in which the ballots were furnished to each voting
place.
[1985, c. 161, §6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1989,
Ch. 558,
§1,2
(AMD).
PL 1989,
Ch. 602,
§1
(AMD).
PL 1989,
Ch. 602,
§1,2
(AMD).
PL 1991,
Ch. 347,
§1,2
(AMD).
PL 1991,
Ch. 780,
§U24
(AMD).
PL 1991,
Ch. 862,
§4
(AMD).
PL 1993,
Ch. 447,
§10-13
(AMD).
PL 1993,
Ch. 695,
§26-28
(AMD).
PL 1995,
Ch. 459,
§41-44
(AMD).
PL 1997,
Ch. 436,
§80
(AMD).
PL 2001,
Ch. 516,
§7
(AMD).
PL 2001,
Ch. 667,
§B11
(AMD).
PL 2001,
Ch. 667,
§B12
(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 - §607. Official ballot box
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1: PREELECTION PROCEDURE
Article 1: SECRETARY OF STATE'S RESPONSIBILITIES
§607. Official ballot box
An official ballot box is governed by the following provisions.
[1985, c. 161, §6 (new).]
1. Furnished by Secretary of State. The Secretary of State shall furnish an official ballot box for each voting district.
[1985, c. 161, §6 (new).]
2. Described. The boxes must be of uniform design. Each box must be equipped with a suitable lock and key. In the top of the box there
must be an opening large enough to allow a single, folded ballot to be inserted, and no larger, with a slide device by which
the opening may be covered or uncovered. The box must be large enough to receive the ballots deposited in it at any election.
[1985, c. 161, §6 (new).]
3. Municipality may provide. A municipality may provide ballot boxes at its own expense. Each box may contain a mechanical device for counting and endorsing
the ballots deposited in it but it may not be equipped to record any distinguishing mark or number on a ballot. Each box
must meet the requirements of this section. Once approved by the Secretary of State, each box becomes an official ballot
box.
[1985, c. 161, §6 (new).]
4. Official ballot box required. Only an official ballot box may be used to receive official ballots cast at any election.
[1985, c. 161, §6 (new).]
5. Separate ballot box for constitutional amendments and referenda. A municipality having 5,000 or more inhabitants, except where the municipality uses voting machines or electronic voting
systems, shall, and a municipality with fewer inhabitants may, by vote of its municipal officers, use separate ballot boxes
at elections for the deposit of votes on constitutional amendments and referenda. The municipal officers must notify the
Secretary of State of this action before the date of the election at which the separate ballot boxes are to be used. These
ballot boxes are subject to all the provisions relating to official ballot boxes under this section.
[1997, c. 436, §81 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1997,
Ch. 436,
§81
(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 - §608. Field examiner
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1: PREELECTION PROCEDURE
Article 1: SECRETARY OF STATE'S RESPONSIBILITIES
§608. Field examiner
The Secretary of State may appoint a field examiner who shall instruct and assist municipal election officials in their administration
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 - §621-A. Announcing an election
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1: PREELECTION PROCEDURE
Article 2: LOCAL OFFICIALS' RESPONSIBILITIES
§621-A. Announcing an election
The Secretary of State shall send a notice of election to the municipal clerk, who shall announce the election as follows.
[1997, c. 436, §83 (new).]
1. Notice posted. The clerk shall post or have posted a notice of election, attested by the clerk, in a conspicuous public place in each voting
district in the municipality at least 7 days immediately before election day and at each voting place on election day.
[2003, c. 584, §7 (amd).]
2. Notice recorded. The clerk shall record a copy of the notice along with the times and places of posting.
[1997, c. 436, §83 (new).]
Section History:
PL 1997,
Ch. 436,
§83
(NEW).
PL 2003,
Ch. 584,
§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 - §621. Announcing an election (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1: PREELECTION PROCEDURE
Article 2: LOCAL OFFICIALS' RESPONSIBILITIES
§621. Announcing an election (REPEALED)
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1991,
Ch. 837,
§A46
(AMD).
PL 1991,
Ch. 862,
§5
(AMD).
PL 1995,
Ch. 459,
§46
(AMD).
PL 1997,
Ch. 436,
§82
(RP ).
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 - §622-A. Notice of election
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1: PREELECTION PROCEDURE
Article 2: LOCAL OFFICIALS' RESPONSIBILITIES
§622-A. Notice of election
The notice of election must contain the following items: a heading that states "Notice of Election" in bold type, the day,
date and title of the election, the voting district designation, if any, the name and location of the voting place, the opening
and closing times of the polls and a list of the offices and referendum questions for that election. The clerk may add times
for processing absentee ballots pursuant to section 759, subsection 7.
[1997, c. 436, §85 (new).]
Section History:
PL 1997,
Ch. 436,
§85
(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 - §622. Warrant (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1: PREELECTION PROCEDURE
Article 2: LOCAL OFFICIALS' RESPONSIBILITIES
§622. Warrant (REPEALED)
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1985,
Ch. 614,
§16
(AMD).
PL 1985,
Ch. 819,
§A22,23
(AMD).
PL 1995,
Ch. 459,
§47
(AMD).
PL 1997,
Ch. 436,
§84
(RP ).
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 - §623. Officer's return on warrant (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1: PREELECTION PROCEDURE
Article 2: LOCAL OFFICIALS' RESPONSIBILITIES
§623. Officer's return on warrant (REPEALED)
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1995,
Ch. 459,
§48
(AMD).
PL 1997,
Ch. 436,
§86
(RP ).
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 - §624. Incoming voting lists
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1: PREELECTION PROCEDURE
Article 2: LOCAL OFFICIALS' RESPONSIBILITIES
§624. Incoming voting lists
1. Posting of. The registrar shall post a certified copy of the incoming voting list for each voting district at the usual voting place
in that district before the polls are opened on election day.
[2005, c. 453, §51 (amd).]
2. Delivery of. The registrar shall deliver the necessary number of certified copies of the incoming voting list to the clerk by 5 p.m.
on the last business day before election day. The clerk shall give the registrar a receipt for the copies.
[2005, c. 453, §51 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 2005,
Ch. 453,
§51
(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 - §625. Posting of sample ballots
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1: PREELECTION PROCEDURE
Article 2: LOCAL OFFICIALS' RESPONSIBILITIES
§625. Posting of sample ballots
At least 7 days before an election, the clerk shall post a sample ballot, furnished to the clerk under section 603, in a conspicuous,
public place in each voting district.
[1997, c. 436, §87 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1997,
Ch. 436,
§87
(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 - §626. Polling times
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1: PREELECTION PROCEDURE
Article 2: LOCAL OFFICIALS' RESPONSIBILITIES
§626. Polling times
The following provisions apply to polling times at any election.
[1985, c. 161, §6 (new).]
1. Opening time flexible. The polls must be opened no earlier than 6 a.m. and no later than 9 a.m. on election day; except that in municipalities
with a population of less than 4,000, the polls must be opened no later than 10:00 a.m. on election day. The municipal officers
of each municipality shall determine the time of opening the polls within these limits.
[1997, c. 436, §88 (amd).]
2. Closing time fixed. The polls must be closed at 8 p.m. on election day, except in municipalities of population less than 100 which may close
the polls after all registered voters have voted.
A. The warden shall give all voters present at the voting place at closing time the opportunity to vote. Any person who arrives
at the voting place after the time for closing the polls has passed may not vote.
[1985, c. 161, §6 (new).]
[1985, c. 161, §6 (new); c. 277 (amd).]
3. Polling times in election notice. The municipal clerk shall state the times of opening and closing the polls in the notice of the election.
[1997, c. 436, §89 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1985,
Ch. 277,
§
(AMD).
PL 1985,
Ch. 580,
§
(AMD).
PL 1997,
Ch. 436,
§88,89
(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 - §627. Arrangement of voting place
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1: PREELECTION PROCEDURE
Article 2: LOCAL OFFICIALS' RESPONSIBILITIES
§627. Arrangement of voting place
The arrangement of a voting place is governed by the following provisions.
[1985, c. 161, § 6 (new).]
1. General layout. The voting place must be arranged so that the ballot box is within view of persons present. Each voting booth must be arranged
so that those outside the guardrail enclosure can see who enters and leaves it.
[1985, c. 161, § 6 (new).]
2. Guardrail. A guardrail must be constructed so that only those inside its enclosure can approach within 6 feet of the ballot box and
the voting booths.
[1985, c. 161, § 6 (new).]
3. Flag displayed. An American flag must be displayed in each voting place at any election.
[1985, c. 161, § 6 (new).]
4. Minimum size of polling place; complaint to Secretary of State. Municipalities must provide a polling place large enough to allow at least one worker from each political party to remain
outside the guardrail enclosure as a pollwatcher. Additional party workers are allowed if there is sufficient space at the
polling place. If the space at the polling place is so limited that the presence of the additional party workers would interfere
with the election process, the warden shall prohibit their presence. If the chair of any party's state committee submits
a written complaint to the Secretary of State at least 60 days before an election, the Secretary of State shall authorize
an inspection of the polling place considered to be too small to allow party workers access. If the Secretary of State finds
a polling place to be too small to allow party workers access, the Secretary of State shall instruct the municipal officers
to change the location of the polling place to one of a suitable size. The municipal officers must advertise the change of
the polling place at least 3 times in the daily or weekly newspaper, or both, that covers the area.
[2001, c. 310, §33 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1995,
Ch. 459,
§49
(AMD).
PL 2001,
Ch. 310,
§33
(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 - §628. Care and custody of ballot box
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1: PREELECTION PROCEDURE
Article 2: LOCAL OFFICIALS' RESPONSIBILITIES
§628. Care and custody of ballot box
The care and custody of an official ballot box are governed by the following provisions.
[1985, c. 161, §6 (new).]
1. Custody during election. The ballot box is in the custody of the warden of each voting place during an election. He is responsible for requiring
that it is attended constantly. He shall return it to the clerk at the close of the election.
[1985, c. 161, §6 (new).]
2. Custody at other times. At other times, the ballot box is in the custody of the clerk. He shall keep it in good repair and shall provide safe storage
for it at the expense of the municipality, subject to the supervision of the Secretary of State.
[1985, c. 161, §6 (new).]
3. Defective, lost or destroyed. If a ballot box becomes defective, lost or destroyed, the clerk must notify the Secretary of State in writing and the Secretary
of State shall approve a replacement at the expense of the municipality.
[1999, c. 426, §19 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1995,
Ch. 459,
§50
(AMD).
PL 1999,
Ch. 426,
§19
(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 - §629. Voting booths
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1: PREELECTION PROCEDURE
Article 2: LOCAL OFFICIALS' RESPONSIBILITIES
§629. Voting booths
Voting booths are governed by the following provisions.
[1985, c. 161, §6 (new).]
1. Provided by municipality. The municipal officers of each municipality shall provide a sufficient number of voting booths for each election. Those
municipalities using voting machines must comply with section 811, subsection 4.
A. In a general election, the municipal officers in each municipality must provide at least one voting booth for each 200,
or fraction exceeding 12 of that number, of the qualified voters in each voting place. For purposes of this paragraph, "qualified
voters" does not include voters who have been designated as inactive as a result of voter list maintenance procedures.
[2003, c. 407, §17 (amd).]
A-1. In every election, the municipal officers shall provide at least one voting booth in each voting place that is accessible
for persons with disabilities. The accessible voting booth may be used to meet the minimum requirements under paragraph A.
[2003, c. 407, §18 (new).]
B. In other than a general election, the municipal officers may provide fewer voting booths than required by paragraph A when
circumstances indicate that fewer booths will be adequate to provide for an orderly flow of voters on election day.
[1985, c. 161, §6 (new).]
C. In any election, the municipal officers may provide more than the number of voting booths required by paragraph A.
[1985, c. 161, §6 (new).]
D. A reasonable time before a general election, the Secretary of State shall notify the clerk of each municipality of the requirements
of this subsection. The clerk shall calculate the number of voting booths required at each voting place based on the number
of voters registered at that time. Within 10 days after receiving the notice, the clerk shall certify in writing to the Secretary
of State the number of voters registered at each voting place and the number of voting booths the municipality will provide
at each voting place for the election.
[1985, c. 161, §6 (new).]
E. The Secretary of State may arrange for inspections to ensure that municipalities comply with this subsection.
[1985, c. 161, §6 (new).]
[2003, c. 407, §§17, 18 (amd).]
2. Voting machines. In municipalities which have voting machines, the municipal officers must also provide sufficient voting booths and paper
ballots to ensure adequate voting facilities.
[1985, c. 161, §6 (new).]
3. Described. Each booth must have within it a pencil or marker without an eraser and a shelf on which a voter may mark a ballot conveniently.
An instruction poster provided under section 605 must be securely placed above the shelf to assist the voter. Each booth
must have back and side panels large enough to screen the voter from the observation of others.
[1995, c. 459, §52 (amd).]
4. Booth for the visually impaired. The clerk shall equip at least one of the voting booths at the voting place with an enlarged instruction poster, a magnifying
device and an adjustable lamp for improved lighting. The clerk may also equip the voting booth with an enlarged sample ballot
at the clerk's own discretion.
[1997, c. 436, §90 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1985,
Ch. 315,
§
(AMD).
PL 1993,
Ch. 255,
§3
(AMD).
PL 1993,
Ch. 447,
§14
(AMD).
PL 1993,
Ch. 695,
§29
(AMD).
PL 1995,
Ch. 459,
§51,52
(AMD).
RR 1995,
Ch. 1,
§9
(COR).
PL 1997,
Ch. 436,
§90
(AMD).
PL 2003,
Ch. 407,
§17,18
(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 - §630. Accessible voting places for the physically handicapped
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1: PREELECTION PROCEDURE
Article 2: LOCAL OFFICIALS' RESPONSIBILITIES
§630. Accessible voting places for the physically handicapped
1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings:
A. "Accessible voting place" means a voting place in a building in which the part of the building set aside for voting meets
the requirements for accessible routes of the 1981 standards of construction described in Title 25, chapter 331.
[1985, c. 161, §6 (new).]
B.
[1999, c. 252, §1 (rp).]
[1999, c. 252, §1 (amd).]
2. Voting places. By April 1, 2000, all publicly owned buildings that are used as voting places must be accessible as defined in subsection
1. By July 1, 2001, each municipality shall ensure that all privately owned facilities used by the municipality as voting
places are accessible as defined in subsection 1.
A.
[1995, c. 459, §53 (rp).]
B.
[1999, c. 252, §1 (rp).]
[1999, c. 252, §1 (amd).]
3. Alternative paper ballots.
[1999, c. 252, §1 (rp).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1985,
Ch. 383,
§10
(AMD).
PL 1989,
Ch. 502,
§A63
(AMD).
PL 1995,
Ch. 459,
§53
(AMD).
PL 1997,
Ch. 436,
§91
(AMD).
PL 1999,
Ch. 252,
§1
(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 - §631. Voting districts
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1: PREELECTION PROCEDURE
Article 2: LOCAL OFFICIALS' RESPONSIBILITIES
§631. Voting districts
A municipality may be divided into voting districts as follows.
[1985, c. 161, §6 (new).]
1. Procedure. The municipal officers may divide a town or ward into convenient voting districts after public notice and hearing held at
least 90 days before any election. After the hearing, the municipal officers must prepare a certificate defining the limits
of each district. They must file the certificate with the clerk who shall record it. The clerk shall immediately file an
attested copy of the certificate with the Secretary of State. The clerk shall post an attested copy of the certificate in
a conspicuous, public place in the town or ward, and shall publish it in at least one newspaper having general circulation
in the municipality at least 30 days before election day. Voting districts, once established, may be consolidated into a
lesser number of districts by following the same procedure. Voting districts may be established or consolidated under this
section for all or only certain classes of elections. If the municipal officers determine that there is no building within
a voting district that is suitable for a voting place, as described in section 627, the municipal officers may, subject to
the approval of the Secretary of State, establish a voting place outside the voting district in a suitable building that is
as close as possible to the voting district and as convenient as possible to the voters of the voting district.
[1999, c. 426, §20 (amd).]
2. Division terminates office. The division of a town or ward terminates the office of election officials previously elected or appointed from it.
[1985, c. 161, §6 (new).]
3. Appointment of wardens and ward clerks. At least 10 days before the election, the municipal officers shall appoint a warden, a ward clerk in a city and at least
2 election clerks for each voting place created by the division. Election clerks must be nominated as provided in section
503.
[1985, c. 161, §6 (new).]
4. Officials sworn. Before assuming the duties of office, the officials appointed under this section must be sworn by the clerk who shall record
the fact of their having been sworn.
[1985, c. 161, §6 (new).]
5. Term and duties. The appointed election officials shall perform the same duties at elections as those regularly chosen and shall hold office
for the same term.
[1985, c. 161, §6 (new).]
6. Voting districts. Voting districts are defined as wards that may be further divided into precincts.
[1995, c. 459, §54 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1995,
Ch. 459,
§54
(AMD).
PL 1999,
Ch. 426,
§20
(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 - §632. Separate voting places; reimbursement of election expense
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1: PREELECTION PROCEDURE
Article 2: LOCAL OFFICIALS' RESPONSIBILITIES
§632. Separate voting places; reimbursement of election expense
1. Voting places in unorganized townships. The procedure for establishing a voting place in unorganized townships is as follows.
A. The commissioners of each county may provide or contract with a municipality to provide a voting place in any unorganized
township in their county, for all state and national elections, including primary elections, where all residents of unorganized
places entitled to vote in municipalities near the township, under section 156, may cast their ballots under conditions provided
in this section.
[1985, c. 161, §6 (new).]
B. The registrar of the contracting municipality shall designate the voters as township voters, pursuant to section 156, in
the central voter registration system and shall include their names on the incoming voting list for the contracting municipality.
[2005, c. 453, §52 (amd).]
C. The conduct of elections at that voting place shall be the same as in municipalities and all provisions of the Revised Statutes
with respect to voting districts are applicable to that voting place. The powers and duties of the municipal officers in
such case are conferred upon the commissioners or the municipal officers of the contracting municipality.
[1985, c. 161, §6 (new).]
D. Upon receipt of a petition signed by at least 10 persons qualified to vote under section 156, the commissioners shall provide
or contract with a municipality to provide a voting place in the unorganized township provided in the petition.
[1985, c. 161, §6 (new).]
[2005, c. 453, §52 (amd).]
2. Reimbursement of election expense. The county commissioners shall reimburse the municipality for those expenses incurred in the conduct of elections held under
this section.
[1985, c. 161, §6 (new).]
3. Notice to Secretary of State. The county commissioners shall notify the Secretary of State of all unorganized territories for which voting places are
contracted or provided. They shall also notify the Secretary of State of those unorganized territories for which provision
of voting places has been discontinued. Notification must be made at least 120 days before the election in which it will
be effective.
[1985, c. 161, §6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 2005,
Ch. 453,
§52
(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 - §633. Election expenses
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1: PREELECTION PROCEDURE
Article 2: LOCAL OFFICIALS' RESPONSIBILITIES
§633. Election expenses
Except for the added expenses incurred by a municipality under section 632, each municipality shall pay for the expense it
incurs in calling, holding and reporting the results of an election. The State shall pay for other election expenses incurred
as a result of the performance by state officials of their duties 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 - §643. Ballot for incumbent Legislator (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1-A: CONGRESSIONAL TERM LIMITS ACT OF 1996 (HEADING: IB 1995, c. 2, @1 (new); PL 2001, c. 516, @8 (rp))
§643. Ballot for incumbent Legislator (REPEALED)
Section History:
IB 1995,
Ch. 2,
§1
(NEW).
PL 2001,
Ch. 516,
§8
(RP ).
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 - §644. Ballot for incumbent Governor (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1-A: CONGRESSIONAL TERM LIMITS ACT OF 1996 (HEADING: IB 1995, c. 2, @1 (new); PL 2001, c. 516, @8 (rp))
§644. Ballot for incumbent Governor (REPEALED)
Section History:
IB 1995,
Ch. 2,
§1
(NEW).
PL 2001,
Ch. 516,
§8
(RP ).
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 - §645. Ballot for incumbent members of Congress (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1-A: CONGRESSIONAL TERM LIMITS ACT OF 1996 (HEADING: IB 1995, c. 2, @1 (new); PL 2001, c. 516, @8 (rp))
§645. Ballot for incumbent members of Congress (REPEALED)
Section History:
IB 1995,
Ch. 2,
§1
(NEW).
PL 2001,
Ch. 516,
§8
(RP ).
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 - §646. Pledge to support term limits (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1-A: CONGRESSIONAL TERM LIMITS ACT OF 1996 (HEADING: IB 1995, c. 2, @1 (new); PL 2001, c. 516, @8 (rp))
§646. Pledge to support term limits (REPEALED)
Section History:
IB 1995,
Ch. 2,
§1
(NEW).
PL 2001,
Ch. 516,
§8
(RP ).
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 - §651. Furnishing and distribution
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 2: ELECTION PROCEDURE
Article 1: MATERIALS
§651. Furnishing and distribution
The following procedure shall be observed on election day.
[1985, c. 161, §6 (new).]
1. Election materials sent to voting place. Before the polls are opened, the clerk shall deliver or have delivered the election materials marked for each voting place
to the warden at that voting place. The warden shall give the clerk a receipt noting the number of ballots received after
the election officials have opened the boxes of ballots and verified the contents.
A. Notwithstanding section 606, subsection 3, in a municipality that has an island voting district, the clerk may deliver the
ballots and other election materials to that district on the day before the election and leave them in the protective custody
of the warden or ward clerk.
[2001, c. 516, §9 (amd).]
[2001, c. 516, §9 (amd).]
2. Election materials distributed and posted. At any time after the materials are received and before the polls are open, the clerk may open the packages or boxes of
election materials, break the seals on the packages not marked "ballots," and use the materials for instructional purposes.
The election officials shall post one instruction poster in each voting booth and 2 instruction posters outside the guardrail
where they are visible to voters before they have voted. The election officials shall also post 2 sets of sample ballots
or 2 sets of sample ballot labels for each ballot being used in that voting place, along with 2 posters of the constitutional
resolutions and statewide referenda, outside the guardrail where they are visible to voters.
[1997, c. 436, §92 (rpr).]
2-A. Testing electronic voting systems.
[1995, c. 459, §55 (rp).]
2-B. Opening of ballot packages. No more than one hour before the opening of the polls, the warden shall break the seals on the packages containing the ballots
and distribute the ballots to the election clerks in charge of them. The breaking of the seals on the packages containing
the ballots is a public proceeding and any member of the public may be present.
[2003, c. 584, §8 (amd).]
3. Ballot box examined. Before opening the ballots, the warden shall open the official ballot box, examine it and show publicly that it is empty.
Immediately after examination, the warden shall lock the box and deliver the key to the ward clerk who shall keep it until
the polls are closed. After the box has been locked, it may not be moved until the polls are closed.
[1997, c. 436, §94 (amd).]
4. Voting starts. As soon as the duties required by subsections 1 to 3 have been performed, the warden shall permit voting to start.
[1985, c. 161, §6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1985,
Ch. 272,
§
(AMD).
PL 1991,
Ch. 347,
§3,4
(AMD).
PL 1995,
Ch. 459,
§55
(AMD).
PL 1997,
Ch. 436,
§92-94
(AMD).
PL 2001,
Ch. 310,
§34
(AMD).
PL 2001,
Ch. 516,
§9
(AMD).
PL 2003,
Ch. 584,
§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 - §652. Certified incoming voting list and official ballot box
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 2: ELECTION PROCEDURE
Article 1: MATERIALS
§652. Certified incoming voting list and official ballot box
The certified copies of the incoming voting list provided by the registrar and official ballot boxes must be used exclusively
at each voting place. If it becomes impossible to use the official ballot box, the warden shall direct the method by which
voting is to proceed. The warden shall record the reason why the ballot box was not used and shall place an attested copy
of this record in the package with the ballots cast.
[2005, c. 453, §53 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1995,
Ch. 459,
§56
(AMD).
PL 2005,
Ch. 453,
§53
(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 - §661. Registrar
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 2: ELECTION PROCEDURE
Article 2: POWERS AND DUTIES OF OFFICIALS
§661. Registrar
The registrar shall hold office hours as long as the polls are open on any election day for the following purposes.
[1985, c. 161, §6 (new).]
1. Error in incoming voting list. The registrar shall correct any error in the incoming voting list or central voter registration system that might otherwise
deprive a voter of the voter's franchise.
A. A voter who is prevented from voting because the voter's name or address does not appear correctly on the incoming voting
list may request the registrar to correct it.
[2005, c. 453, §54 (amd).]
B. If the name or address of the voter was omitted by error from or placed incorrectly on the incoming voting list, the registrar
shall issue a certificate to the voter containing the voter's correct name and address and directed to the warden of the appropriate
voting place. The registrar shall correct the name and address on the incoming voting list and in the central voter registration
system.
[2005, c. 453, §54 (amd).]
C. On receipt of the certificate, the warden shall allow the person named in it to vote, check the voter's name on the certificate
as having voted and attach the certificate securely to the incoming voting list.
[2005, c. 453, §54 (amd).]
[2005, c. 453, §54 (amd).]
2. Change of name or address. The registrar shall change a name or address on the incoming voting list.
A. A voter whose name or address has changed as provided in section 129 may request the registrar to change it on the incoming
voting list and in the central voter registration system.
[2005, c. 453, §54 (amd).]
B. The registrar shall issue a certificate to the voter, who may vote as provided in subsection 1.
[2005, c. 453, §54 (amd).]
[2005, c. 453, §54 (amd).]
3. Registration and enrollment. The registrar shall accept registrations under section 122 and shall accept the enrollment of any voter under section 143.
[2005, c. 453, §54 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1985,
Ch. 614,
§17
(AMD).
PL 2005,
Ch. 453,
§54
(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 - §662. Warden
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 2: ELECTION PROCEDURE
Article 2: POWERS AND DUTIES OF OFFICIALS
§662. Warden
A warden has the following powers and duties.
[1985, c. 161, §6 (new).]
1. Enforcement of election law. He shall enforce the law governing voting and counting procedures at the voting place over which he has jurisdiction on
election day.
[1985, c. 161, § 6 (new).]
2. Order at voting place. He shall keep order at all times in and around the voting place. He shall direct that any person who creates a disturbance
or otherwise violates the law at the voting place be removed from it and, if necessary, confined until the polls are closed.
A. On request of the warden, a peace officer shall remove, confine or arrest a person who creates a disturbance or otherwise
violates the law at a voting place.
[1985, c. 161, § 6 (new).]
[1985, c. 161, § 6 (new).]
3. Control of election clerk. The election clerks at the voting place are under the supervision and control of the warden. He may assign their duties
for convenience and efficiency and may delegate his ministerial duties to them.
[1985, c. 161, § 6 (new).]
4. Collection of signatures. The warden may select and designate a specific location at the voting place, accessible and observable by the voters, where
the collection of signatures may take place. Persons collecting signatures at the polls may make arrangements with the clerk
prior to election day and with the warden on election day. The warden may limit the number of persons collecting signatures
to one for each specific question, candidate or issue. Persons collecting signatures may not solicit a voter's signature
until the voter has completed voting. The warden may direct the removal, under subsection 2, paragraph A, of any person collecting
signatures who does not comply with the requirements of this subsection.
[1995, c. 459, §57 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1987,
Ch. 225,
§
(AMD).
PL 1995,
Ch. 459,
§57
(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 - §671. Voting procedure
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 2: ELECTION PROCEDURE
Article 3: VOTING AND CHALLENGES
§671. Voting procedure
The voting procedure is as follows.
[1985, c. 161, §6 (new).]
1. Name announced. A voter who wishes to vote must state the voter's name and, upon request, residence address to an election clerk who shall
announce the name in a loud, clear voice.
[2005, c. 453, §55 (amd).]
2. Enters guardrail enclosure. The election clerk in charge of the incoming voting list shall place a check mark or a horizontal line, in red ink, on the
list beside the voter's name and allow the voter to enter the area enclosed by the guardrail.
[2003, c. 584, §9 (amd).]
3. Ballot issued. The election clerk in charge of the ballots shall give the voter one ballot of each kind to which he is entitled.
[1985, c. 161, §6 (new).]
4. Retires to voting booth. After receiving the ballot or ballots, the voter shall retire to a voting booth and mark the ballot or ballots without delay
and leave the voting booth. No ballot, marked or unmarked, may be left in the voting booth by the voter.
[1997, c. 436, §95 (amd).]
5. Ballot deposited. When the voter leaves the voting booth, the voter shall proceed to the ballot box. The clerk shall require the voter to
deposit in the ballot box all ballots, marked or unmarked, issued to the voter under subsection 3, and the voter shall then
leave the area enclosed by the guardrail. The voter may not leave the guardrail enclosure until the voter has deposited all
ballots that were issued to the voter. The voter may permit a family member or an assistant under section 672 to deposit
the ballots for the voter.
A.
[2001, c. 310, §35 (rp).]
[2001, c. 310, §35 (amd).]
6. Reentry prohibited. A voter who has once left the area enclosed by the guardrail may not reenter.
[1985, c. 161, §6 (new).]
7. Ballot box opening covered. The election clerk in charge of the ballot box shall keep the opening covered except when receiving a ballot.
[1985, c. 161, §6 (new).]
8. Secrecy preserved. The warden at each voting place may not remain or allow any other person to remain where the warden or that person can see
how a voter votes, except that a proper official may remain when the official's assistance has been requested by a voter.
[1999, c. 645, §3 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1995,
Ch. 459,
§58
(AMD).
PL 1997,
Ch. 436,
§95
(AMD).
PL 1999,
Ch. 645,
§3
(AMD).
PL 2001,
Ch. 310,
§35
(AMD).
PL 2003,
Ch. 584,
§9
(AMD).
PL 2005,
Ch. 453,
§55
(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 - §672. Assistance
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 2: ELECTION PROCEDURE
Article 3: VOTING AND CHALLENGES
§672. Assistance
A voter who is unable to read or mark his ballot because of physical disability, illiteracy or religious faith may request
another person, other than the voter's employer or agent of that employer or officer or agent of the voter's union, to assist
the voter in reading or marking the ballot.
[1985, c. 614, § 18 (rpr).]
1. Assistance by election officials. The voter may request one or more election officials to assist.
[1985, c. 614, § 18 (new).]
2. Assistance by persons not voters. The assistant need not be a voter or of voting age.
[1985, c. 614, § 18 (new).]
3. Assistance in reading the ballot. A voter who is illiterate or visually impaired or has another disability that makes it difficult to read a ballot may request
that the ballot be read to that voter.
[1993, c. 255, §4 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1985,
Ch. 614,
§18
(RPR).
PL 1993,
Ch. 255,
§4
(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 - §673. Challenges
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 2: ELECTION PROCEDURE
Article 3: VOTING AND CHALLENGES
§673. Challenges
A voter of any municipality may challenge the right of another to vote at any election in that municipality.
[1985, c. 161, §6 (new).]
1. How made. The challenge must be made to the warden. The challenger must state in the form of a signed affidavit setting forth, under
oath administered by the warden, the challenger's name, address, party affiliation, status as a registered voter in the municipality,
the name of the voter challenged, the reason the particular individual being challenged may be ineligible to vote, the specific
source of the information or personal knowledge upon which the challenge of the particular individual is based and a statement
that the challenger understands that making a false statement on the affidavit is punishable under penalties of perjury.
A. A voter may challenge another voter only upon personal knowledge or a reasonably supported belief that the challenged voter
is unqualified. Only the following reasons for challenges may be accepted by the warden. The challenged person:
(1) Is not a registered voter;
(2) Is not enrolled in the proper party, if voting in a primary election;
(3) Is not qualified to be a registered voter because the challenged person:
(a) Does not meet the age requirements as specified in sections 111, subsection 2 and section 111-A;
(b) Is not a citizen of the United States; or
(c) Is not a resident of the municipality or appropriate electoral district within the municipality;
(4) Registered to vote during the closed period or on election day and did not provide satisfactory proof of identity and
residency to the registrar pursuant to section 121, subsection 1-A;
(5) Did not properly apply for an absentee ballot;
(6) Did not properly complete the affidavit on the absentee return envelope;
(7) Did not cast the ballot or complete the affidavit before the appropriate witness;
(8) Communicated with someone as prohibited by section 754-A, subsection 1, paragraph B or subsection 3, paragraph B or
D;
(9) Did not have the ballot returned to the clerk by the time prescribed;
(10) Voted using the name of another;
(11) Committed any other specified violation of this Title; or
(12) Voted using the wrong ballot for the appropriate electoral district or political party, if applicable.
[2003, c. 688, Pt. B, §6 (rpr).]
B. A challenge made must be made at the time the voter being challenged is checking in with the election clerk in charge of
the incoming voting list in accordance with section 671 but before that voter enters the voting booth, except that the registrar
or clerk may complete a challenge affidavit under oath to the warden before or during election day.
[2003, c. 395, §2 (new).]
C. A challenge must be made against an absentee ballot after the name of the absentee voter is announced by the warden or clerk
in accordance with section 759 and before the ballot is placed into the ballot box or voting machine.
[2003, c. 395, §2 (new).]
D. The merits of a challenge may not be decided at the time the challenge is made, but only after the election consistent with
the provisions of section 696.
[2003, c. 395, §2 (new).]
[2003, c. 688, Pt. B, §6 (amd).]
2. Voting list marked. As soon as the challenge has been made, the election clerk in charge of the incoming voting list shall write "Challenged"
beside the voter's name on the list, and give a ballot to the warden.
[1985, c. 161, §6 (new).]
3. Ballot marked. The warden shall write a number on the outside of the ballot. The warden shall also complete a certificate on which appears
the word "Challenged," the name of the voter challenged and the reason for the challenge. The challenger and the warden shall
sign the certificate. After the challenger has signed the certificate, the warden shall place the number that was written
on the ballot in a conspicuous place on the certificate. Only the warden and the challenged voter may know the ballot number.
The warden shall place the challenge certificate and the signed affidavit under subsection 1 in a sealed envelope marked
"Challenge Certificate #(certificate number)" and shall retain the envelope until it is sealed with the ballot materials pursuant
to section 698.
[2003, c. 395, §3 (amd).]
3-A. List of challenged ballots. The warden shall maintain a list of all challenges made. The list must include the name of the voter challenged, the name
of the challenger and the reason for the challenge. The list may not include the unique number assigned to the ballot of
the challenged voter. The list must be made available for public inspection after the polls close.
[1997, c. 436, §98 (new).]
4. Proceed to vote. The challenged voter shall then proceed to vote in the usual way using the marked ballot.
[1985, c. 161, §6 (new).]
5. Regulation of challengers and challenges. A person challenging the right of another person to vote may not create a disturbance or obstruction and may not interfere
with or delay the challenged voter's exercise of the right to vote once the challenge affidavit has been completed. A challenger
other than a registrar, clerk or other election official may not handle or inspect registration cards or files or other materials
used by the registrar or clerk except as provided in section 22.
[2003, c. 395, §4 (new).]
(REALLOCATED TO TITLE 21-A, §673, sub-§6)
5. Challenged ballots relating to court order.
[2003, c. 407, §19 (new); RR 2003, c. 1, §12 (ral).]
(REALLOCATED FROM TITLE 21-A, §673, sub-§5)
6. Challenged ballots relating to court order. In an election for federal office, if a federal or state court has issued an order extending the time established for closing
the polls, any ballots cast during the period of that extension must be challenged according to this section, segregated and
counted separately from all regular and challenged ballots cast during the normal polling hours.
[RR 2003, c. 1, §12 (ral).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1985,
Ch. 357,
§2,3,19
(AMD).
PL 1991,
Ch. 466,
§19
(AMD).
PL 1995,
Ch. 459,
§59,60
(AMD).
PL 1997,
Ch. 436,
§96-98
(AMD).
PL 2003,
Ch. 395,
§2-4
(AMD).
PL 2003,
Ch. 407,
§19
(AMD).
PL 2003,
Ch. 447,
§13
(AMD).
PL 2003,
Ch. 688,
§B6
(AMD).
RR 2003,
Ch. 1,
§12
(COR).
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 - §674. Violations and penalties
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 2: ELECTION PROCEDURE
Article 3: VOTING AND CHALLENGES
§674. Violations and penalties
1. Class E crime. A person commits a Class E crime if that person:
A. Knowingly removes a ballot from a voting place on election day except as authorized by this Title;
[1993, c. 473, §18 (rpr); §46 (aff).]
B. Interferes with a voter attempting to cast a vote;
[2003, c. 447, §14 (amd).]
B-1. Interferes with a voter in marking that voter's ballot;
[2003, c. 447, §15 (new).]
B-2. Attempts to influence a voter in marking that voter's ballot;
[2003, c. 447, §15 (new).]
C. Assists or offers to assist another person at the voting place in marking that other person's ballot, unless the person
has been requested to do so by the warden or ward clerk; or
[1993, c. 473, §18 (rpr); §46 (aff).]
D. Shows that person's marked ballot to another with the intent to reveal how that person voted.
[1993, c. 473, §18 (rpr); §46 (aff).]
E.
[1993, c. 473, §18 (rp); §46 (aff).]
F.
[1993, c. 473, §18 (rp); §46 (aff).]
[2003, c. 447, §§14, 15 (amd).]
2. Class D crime. A person commits a Class D crime if that person:
A. Assists another person in voting, knowing that the other person is not eligible to vote.
[2003, c. 447, §16 (amd).]
B.
[2003, c. 474, §17 (rp).]
C.
[1993, c. 473, §18 (rp); §46 (aff).]
D.
[1993, c. 473, §18 (rp); §46 (aff).]
[2003, c. 447, §§16, 17 (amd).]
3. Class C crime. A person commits a Class C crime if that person:
A. Knowingly causes a delay in the registration or enrollment of another or knowingly causes a delay in the delivery of an
absentee ballot or absentee ballot application with the intent to prevent a person from voting or to render that person's
vote ineffective;
[1993, c. 473, §18 (new); §46 (aff).]
B. Votes knowing that the person is not eligible to do so;
[2003, c. 447, §18 (amd).]
B-1. Attempts to vote knowing that the person is not eligible to do so;
[2003, c. 447, §19 (new).]
B-2. Having once voted, whether within or outside this State, again votes at the same election;
[2003, c. 447, §19 (new).]
B-3. Having once voted, whether within or outside this State, attempts to vote at the same election;
[2003, c. 447, §19 (new).]
C. Votes by using the name of another; or
[2003, c. 447, §20 (amd).]
D. Attempts to vote by using the name of another.
[2003, c. 447, §21 (new).]
[2003, c. 447, §§18-21 (amd).]
4. Class B crime. A person commits a Class B crime if that person:
A. Tampers with ballots or voting lists or opens or breaks a seal of a sealed box or packages of ballots or voting lists with
the intent of changing the outcome of any election, except as permitted by this Title.
[1993, c. 473, §18 (new); §46 (aff).]
[1993, c. 473, §18 (new); §46 (aff).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1993,
Ch. 473,
§18
(RPR).
PL 1993,
Ch. 473,
§46
(AFF).
PL 2003,
Ch. 447,
§14-21
(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 - §681. Positions at polling place
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 2: ELECTION PROCEDURE
Article 4: RESTRICTIONS
§681. Positions at polling place
The guardrail area is governed by the following provisions.
[1985, c. 161, §6 (new).]
1. Within the guardrail enclosure. The clerk, election officials and not more than 2 voters in excess of the number of voting booths may be within the guardrail
enclosure. The warden may permit peace officers to be within the enclosure to enforce the law. All other persons must remain
outside of the enclosure.
[1985, c. 161, §6 (new).]
2. Limited time within guardrail enclosure. After entering the guardrail enclosure, the voter shall proceed to vote as soon as a voting booth is available and may not
linger within the voting booth or guardrail enclosure once the voter has completed voting and deposited all ballots into the
ballot box.
[2001, c. 310, §36 (rpr).]
3. Voting booth. Except as provided in paragraphs A and B, no one may enter a voting booth with a voter.
A. If the voter requests assistance under section 672, a proper election official or aide may enter the voting booth with the
voter.
[1985, c. 161, §6 (new).]
B. If a voter is accompanied by a person of 17 years of age or younger, the person may enter the voting booth with the voter.
[1999, c. 426, §21 (amd).]
[1999, c. 426, §21 (amd).]
4. Outside the guardrail enclosure. Party workers and others 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 any person attempts to influence voters or interfere with their
free passage, the warden shall have him removed from the voting place.
[1985, c. 161, §6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1993,
Ch. 33,
§1
(AMD).
PL 1999,
Ch. 426,
§21
(AMD).
PL 2001,
Ch. 310,
§36
(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 - §682. Political activities
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 2: ELECTION PROCEDURE
Article 4: RESTRICTIONS
§682. Political activities
Certain activities are prohibited on election day.
[2003, c. 447, §22 (rpr).]
1. Instruction limited. Within the voting place, a person may not instruct another in the method of marking the ballot, except as provided in section
672.
[2003, c. 447, §22 (rpr).]
2. Influence prohibited. Within 250 feet of the entrance to the voting place as well as within the voting place itself, a person may not:
A. Influence another person's decision regarding a candidate or ballot issue; or
[2003, c. 447, §22 (rpr).]
B. Attempt to influence another person's decision regarding a candidate or ballot issue.
[2003, c. 447, §22 (rpr).]
C.
[2003, c. 447, §22 (rp).]
These limitations do not prohibit a candidate from attending the voting place and orally communicating with voters as long
as the candidate does not attempt to influence their vote. A candidate may not state the name of the office sought or request
a person's vote.
[2003, c. 447, §22 (rpr).]
2-A. Application. This subsection governs the application of subsection 2.
A. Subsection 2 does not apply to pollwatchers, who 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.
[2003, c. 447, §22 (new).]
B. Subsection 2 does not prohibit media representatives from conducting an exit poll, as long as they do not solicit voters
until after the voters have voted and do not orally communicate with voters in a way that influences a voter's vote.
[2003, c. 447, §22 (new).]
C. If a person attempts to influence voters or interfere with their free passage, the warden shall have that person removed
from the voting place.
[2003, c. 447, §22 (new).]
[2003, c. 447, §22 (new).]
3. Advertising prohibited. A person may not display advertising material; operate an advertising medium, including a sound amplification device; or
distribute campaign literature, posters, palm cards, buttons, badges or stickers containing a candidate's name or otherwise
intending to influence the opinion of any voter within 250 feet of the entrance to either the voting place or the registrar's
office. The term "sound amplification device" includes, but is not limited to, sound trucks, loudspeakers and blowhorns.
A. This subsection does not apply to advertising material on automobiles traveling to and from the voting place. It does not
prohibit a person from passing out stickers at the voting place to be pasted on the ballot at a primary election. It does
not prohibit a person who is at the polls solely for the purpose of voting from wearing a campaign button when the longest
dimension of the button does not exceed 3 inches.
[2003, c. 447, §22 (rpr).]
B. Nonpolitical charitable activities and other nonpolitical advertising may be allowed at the discretion of the clerk if arrangements
are made prior to election day. If arrangements are not made in advance of the election day, the warden may, at the warden's
discretion, either allow or prohibit nonpolitical charitable activities and other nonpolitical advertising.
[2003, c. 447, §22 (rpr).]
C.
[2003, c. 447, §22 (rp).]
[2003, c. 447, §22 (rpr).]
4. Devices for audible communication. Party workers or others may not use cellular phones, voice pagers or similar devices to make audible voice communication
within the voting place that is in violation of subsection 2.
[2003, c. 447, §22 (new).]
5. Violation. A person who knowingly engages in activities prohibited by this section commits a Class E crime.
[2003, c. 447, §22 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1985,
Ch. 383,
§11
(AMD).
PL 1991,
Ch. 466,
§20
(AMD).
PL 1993,
Ch. 473,
§19,20
(AMD).
PL 1993,
Ch. 473,
§46
(AFF).
PL 1995,
Ch. 459,
§61,62
(AMD).
PL 2001,
Ch. 310,
§37
(AMD).
PL 2003,
Ch. 447,
§22
(RPR).
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 - §691. Marking ballots; primary election
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 2: ELECTION PROCEDURE
Article 5: MARKING, COUNTING AND HANDLING OF BALLOTS
§691. Marking ballots; primary election
A voter shall mark the ballot at a primary election as instructed in the directions on the ballot.
[1993, c. 473, §21 (amd); §46 (aff).]
1. Individual candidate method. The voter must mark the ballot as instructed in the directions on the ballot to indicate the name of each candidate for
nomination for whom the voter wishes to vote.
[1993, c. 473, §21 (amd); §46 (aff).]
2. Write-in vote. If the voter wishes to vote for a person whose name is not on the ballot, the voter must write the name and municipality
of residence or paste a sticker containing the name and municipality of residence in the blank space provided at the end of
the list of candidates for nomination to the office in question. The voter must then mark the ballot as instructed in the
directions on the ballot to indicate a vote for the write-in candidate.
[1993, c. 473, §21 (amd); §46 (aff).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1993,
Ch. 473,
§21
(AMD).
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 - §692. General election
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 2: ELECTION PROCEDURE
Article 5: MARKING, COUNTING AND HANDLING OF BALLOTS
§692. General election
A voter shall mark the ballot at a general election as instructed in the directions on the ballot.
[1993, c. 473, §22 (amd); §46 (aff).]
1. Individual candidate method. The voter must mark the ballot as instructed in the directions on the ballot to indicate a vote for the name of each nominee
for whom the voter wishes to vote, regardless of political designation, but must follow directions as to the number of nominees
to be elected to each office.
[1993, c. 473, §22 (amd); §46 (aff).]
2. Write-in vote. If the voter wishes to vote for a person whose name is not on the ballot, the voter must write the name and municipality
of residence in the blank space provided at the end of the list of nominees for the office in question. The voter must then
mark the ballot as instructed in the directions on the ballot. A sticker may not be used to vote for a write-in candidate.
[1993, c. 473, §22 (amd); §46 (aff).]
3. Referendum question. In voting on a referendum question, the voter shall mark the ballot as instructed in the directions on the ballot.
[1993, c. 473, §22 (amd); §46 (aff).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1993,
Ch. 473,
§22
(AMD).
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 - §693. Spoiled ballots
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 2: ELECTION PROCEDURE
Article 5: MARKING, COUNTING AND HANDLING OF BALLOTS
§693. Spoiled ballots
If a voter spoils a ballot, the voter may obtain a replacement, not more than twice, by returning the spoiled ballot to the
election clerk in charge of issuing ballots. The warden, ward clerk or deputy warden shall write "Spoiled by voter" on the
spoiled ballot and sign it. If a replacement ballot is issued to the voter, the warden, ward clerk or deputy warden shall
also mark "Replacement ballot issued" on the spoiled ballot. The election official shall then segregate the spoiled ballot
with any other spoiled ballots in an envelope labeled "Spoiled ballots" and shall package and return the envelope of segregated
ballots in accordance with section 698. The Secretary of State shall provide the clerk of each municipality with either a
label and instructions on proper handling of spoiled ballots or a special envelope printed with this label and instructions.
[2003, c. 298, §1 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1995,
Ch. 459,
§63
(AMD).
PL 1997,
Ch. 436,
§99
(AMD).
PL 2003,
Ch. 298,
§1
(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 - §694. Voting list signed (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 2: ELECTION PROCEDURE
Article 5: MARKING, COUNTING AND HANDLING OF BALLOTS
§694. Voting list signed (REPEALED)
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1993,
Ch. 447,
§15
(AMD).
PL 2001,
Ch. 310,
§38
(RP ).
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 - §695. Counting of ballots
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 2: ELECTION PROCEDURE
Article 5: MARKING, COUNTING AND HANDLING OF BALLOTS
§695. Counting of ballots
The election clerks shall count the ballots under the supervision of the warden as soon as the polls are closed, except that
if, in the opinion of the municipal clerk the public interests will best be served, referendum ballots may be counted on the
day immediately following the election, as long as the count is completed within 24 hours after the polls are closed. If
referendum ballots are counted under this exception, the municipal clerk is responsible for the security and safekeeping of
the ballots until the count has been completed.
[2001, c. 516, §10 (amd).]
1. Counted in public. The ballots must be counted publicly so that those present may observe the proceedings.
[1985, c. 161, §6 (new).]
2. Separated into lots. In counting the ballots, the election clerks shall separate them into distinct lots. Each of these lots must consist of
50 ballots, except for one lot, which may have less than 50 ballots. They shall place with each lot a statement of the count
in that lot and the names of the election clerks who made the count. They shall wrap the statement of the count around the
outside of each lot of ballots.
[1985, c. 161, §6 (new); c. 383, §12 (amd).]
3. Results declared. As soon as the ballots are counted, the warden shall declare the results publicly at the voting place.
[1985, c. 161, §6 (new).]
4. Instructions. The Secretary of State may issue to each warden instructions on opening the ballot boxes, separating various types of ballots
and giving priority in counting various types of ballots.
[1985, c. 161, §6 (new).]
5. Uniformity. The Secretary of State shall design and print uniform tabulation sheets to be used by the workers at the polls. The Secretary
of State shall write, print and distribute to wardens instructions on the use of that material and require the use of a uniform
system of counting and tabulation.
[1985, c. 161, §6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1985,
Ch. 383,
§12
(AMD).
PL 2001,
Ch. 516,
§10
(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 - §696. Challenged, defective or void ballots
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 2: ELECTION PROCEDURE
Article 5: MARKING, COUNTING AND HANDLING OF BALLOTS
§696. Challenged, defective or void ballots
The counting of ballots is governed by the following provisions.
[1985, c. 161, §6 (new).]
1. Challenged ballot. A challenged ballot must be counted the same as a regular ballot. The validity of a challenged ballot need not be determined
unless it affects the results of an election.
If the challenged ballot affects the result of an election, the enve1ope containing the challenge certificate and the signed
affidavit under section 673, subsection 1 must be submitted to the Supreme Judicial Court and its validity must be determined,
except when final determination of the election of a candidate is governed by the United States Constitution.
[2003, c. 395, §5 (amd).]
2. Invalid vote. A vote for an office, candidate or question held to be invalid by the warden, ward clerk or deputy warden may not be counted
for that office, candidate or question as follows.
A. If a voter marks more names for an office than there are vacancies to be filled, the voter's vote for that office may not
be counted.
[1997, c. 436, §101 (amd).]
B. If a voter marks the voter's ballot in such a manner that it is impossible to determine the voter's choice, the voter's
vote for the office or question concerned may not be counted.
[1997, c. 436, §101 (amd).]
C. If a voter marks a write-in indicator for an office, but does not write both a name and a municipality of residence in the
blank space provided to the right of the write-in indicator, that vote for that office is not counted, unless a determination
of choice under subsection 4 is possible.
[1997, c. 436, §101 (amd).]
D. If a voter writes in a name and municipality of residence, or pastes a sticker containing the candidate's name and municipality
of residence in the write-in space pursuant to section 691, but does not mark the write-in indicator, that vote for that office
may be counted if a determination of choice under subsection 4 is possible.
[2005, c. 404, §3 (amd).]
E. If a voter writes in a write-in space a fictitious name, the name of a deceased person or the name of a person from outside
the State who could not be a candidate for that office, the vote for that office may not be counted.
[2005, c. 404, §3 (amd).]
F. The warden, ward clerk or deputy warden shall write "Invalid vote" on the ballot and the reason the vote is invalid beside
the office, candidate or question for which it is invalid and shall sign it and replace the ballot with the other ballots,
to be counted for other offices or questions.
[2001, c. 310, §39 (amd).]
[2005, c. 404, §3 (amd).]
3. Defective ballots. A ballot held to be defective by the warden, ward clerk or deputy warden may not be counted.
A. A ballot that is not prepared in accordance with the requirements of this Title is defective.
[2001, c. 310, §40 (amd).]
B. The warden, ward clerk or deputy warden shall write "Defective ballot" and the reason that the ballot is defective on the
ballot and shall sign it. The election official shall then segregate the defective ballot with any other defective ballots
in an envelope labeled "Defective ballots" and shall package and return the envelope of segregated ballots in accordance with
section 698. The Secretary of State shall provide the clerk of each municipality with either a label and instructions on
proper handling of defective ballots or a special envelope printed with this label and instructions.
[2003, c. 298, §2 (amd).]
C. A ballot is not defective if the Secretary of State has given prior approval for its use at the election.
[2005, c. 404, §4 (new).]
[2005, c. 404, §4 (amd).]
4. Determination of choice possible. If a voter marks the voter's ballot in a manner that differs from the instructions at the top of the ballot but in such
a manner that it is possible to determine the voter's choice, then the vote for the office or question concerned must be counted.
A.
[2001, c. 310, §41 (rp).]
[2005, c. 404, §5 (amd).]
5. Void ballots. A ballot held to be void by the warden, ward clerk or deputy warden may not be counted.
A. A ballot on which a voter has made a distinguishing mark is void.
[2005, c. 404, §6 (amd).]
B. The warden, ward clerk or deputy warden shall write "Void ballot" and the reason that the ballot is void on the ballot and
shall sign it. The election official shall then segregate the void ballot with any other void ballots in an envelope labeled
"Void ballots" and shall package and return the envelope of segregated ballots in accordance with section 698. The Secretary
of State shall provide the clerk of each municipality with either a label and instructions on proper handling of void ballots
or a special envelope printed with this label and instructions.
[2003, c. 298, §3 (amd).]
[2005, c. 404, §6 (amd).]
6. Guidelines. The Secretary of State shall publish uniform guidelines for determining voter intent based on relevant case law and provisions
of this Title. These guidelines must be used as a reference by election officials in tabulating the results of state and
local elections and in all recounts conducted pursuant to this Title. The guidelines must be included with the instructional
materials provided to the clerk, registrar and election officials in each municipality pursuant to section 605 and must be
used by the Secretary of State in the training of election officials pursuant to section 505.
[2005, c. 404, §7 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1985,
Ch. 357,
§4,19
(AMD).
PL 1993,
Ch. 473,
§23
(AMD).
PL 1993,
Ch. 473,
§46
(AFF).
PL 1995,
Ch. 459,
§64
(AMD).
PL 1997,
Ch. 436,
§100-102
(AMD).
PL 2001,
Ch. 310,
§39-42
(AMD).
PL 2003,
Ch. 298,
§2,3
(AMD).
PL 2003,
Ch. 395,
§5
(AMD).
PL 2005,
Ch. 404,
§3-7
(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 - §697. Use of red pens by election officials
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 2: ELECTION PROCEDURE
Article 5: MARKING, COUNTING AND HANDLING OF BALLOTS
§697. Use of red pens by election officials
An election official must use pens or pencils containing only red ink or red lead during the conduct of official election
business on election day.
[2001, c. 310, §43 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1993,
Ch. 447,
§15
(AMD).
PL 1995,
Ch. 459,
§65
(AMD).
PL 2001,
Ch. 310,
§43
(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 - §698. Packaging and return of ballots and lists
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 2: ELECTION PROCEDURE
Article 5: MARKING, COUNTING AND HANDLING OF BALLOTS
§698. Packaging and return of ballots and lists
As soon as the election return has been prepared, the election officials shall perform the following duties.
[1985, c. 161, §6 (new).]
1. Paper ballots wrapped. The election clerks shall wrap the tabulation of the count for each lot of ballots around that lot and secure it. Referendum
ballots must be wrapped separately with their own tabulations unless the referendum ballot is combined with the candidate
ballot. The tabulations must be signed by the warden and the 2 election clerks who counted that ballot lot.
A.
[1997, c. 436, §103 (rp).]
[2001, c. 310, §44 (amd).]
2. Ballots replaced in containers.
[1993, c. 473, §24 (rp); §46 (aff).]
2-A. Used ballots placed in tamper-proof containers. The election clerks shall place the used state ballots, including spoiled ballots, defective ballots, void ballots, used
absentee ballots, used absentee envelopes with the applicable applications attached, envelopes containing challenge certificates,
and the official tally tape from the electronic tabulating system in one or more tamper-proof ballot containers. The ballot
containers must be furnished by the Secretary of State. Ballots and election materials for municipal elections conducted
at the same time as a state election must be sealed separately from state ballots and other state election materials. If
municipalities wish to use tamper-proof containers to seal municipal election materials, they must obtain the containers and
locks at their own expense.
If a state-supplied tamper-proof container or lock becomes defective, lost or destroyed, the clerk must apply in writing to
the Secretary of State for another. The Secretary of State shall supply or approve a replacement at the expense of the municipality.
A tamper-proof ballot container must be locked and sealed with a numbered seal before leaving the precinct. The lock and
seal numbers must correlate with a certificate identifying the person sealing the container and the time of the sealing.
The locks, seals and identifying certificates must be furnished by the Secretary of State.
A. Transfer and resealing of the ballots to other containers for permanent storage must be done 60 or more days following the
election. The municipal clerk shall make the transfer in the presence of one or more witnesses. The containers must be securely
sealed.
[1995, c. 459, §66 (amd).]
[2003, c. 447, §23 (amd).]
2-B. Unused ballots placed in containers. At the close of the polls, all unused, unsealed absentee and regular ballots must be canceled by a physical mark unless
all ballots are used in the course of the election. All sealed ballots must remain sealed. All unused ballots, including
both the unsealed and the sealed ballots, must be placed in the containers in which the regular ballots were delivered. The
containers containing the unused ballots must be clearly marked to indicate that the containers contain unused ballots. These
ballots must be stored separately from the used ballots.
[2001, c. 310, §46 (amd).]
3. Incoming voting lists packed separately. The warden and one election clerk from each of the major parties shall sign the incoming voting list certification as soon
as the names of all persons who have voted, including persons who have voted by absentee ballot, have been checked off. The
election clerks shall place the incoming voting list in a separate package outside the containers of used and unused ballots
and seal the package with the signed incoming voting list certification. The incoming voting list includes any certificates
entitling voters to be placed on the incoming voting list and any supplemental incoming voting list, where applicable, pursuant
to section 122, subsection 7. The municipal clerk shall keep these incoming voting lists sealed for 10 business days after
the election or until the time for any recount conducted under section 737-A, contested election or appeal has passed, whichever
is longer. After that time period, the clerk shall unseal the incoming voting list and keep it in the clerk's office as a
public record for the time required pursuant to section 23.
[2005, c. 453, §56 (amd).]
4. Ballots and lists returned. The warden shall deliver the ballots and lists to the clerk immediately upon conclusion of the ballot count. In a municipality
that has an island voting district, the warden must deliver the ballots and lists within 24 hours after the polls have closed.
[1999, c. 426, §22 (amd).]
5. Two or more voting districts. In municipalities having 2 or more voting districts where absentee ballots are counted at a place other than the voting
district, all absentee ballots, applications and envelopes may be packed together in the same container, which shall then
be sealed publicly.
A. The portions of subsections 2-A and 2-B that deal with absentee ballots do not apply to municipalities with 2 or more voting
districts where absentee ballots are counted separately.
[2003, c. 584, §10 (amd).]
[2003, c. 584, §10 (amd).]
6. Ballot security. The municipal clerk shall take appropriate measures to ensure the safety and security of all ballots before, during and
after the election. Ballots and voting equipment must be secured in an area that is accessible only by the clerk or the clerk's
designee.
[2003, c. 447, §24 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1985,
Ch. 357,
§5,19
(AMD).
PL 1985,
Ch. 614,
§19
(AMD).
PL 1987,
Ch. 188,
§6
(AMD).
PL 1993,
Ch. 473,
§24-26
(AMD).
PL 1993,
Ch. 473,
§46
(AFF).
PL 1995,
Ch. 459,
§66
(AMD).
PL 1997,
Ch. 436,
§103
(AMD).
PL 1999,
Ch. 426,
§22
(AMD).
PL 2001,
Ch. 310,
§44-47
(AMD).
PL 2001,
Ch. 516,
§11
(AMD).
PL 2003,
Ch. 447,
§23,24
(AMD).
PL 2003,
Ch. 584,
§10
(AMD).
PL 2005,
Ch. 453,
§56
(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 - §699. Sealing of ballot container
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 2: ELECTION PROCEDURE
Article 5: MARKING, COUNTING AND HANDLING OF BALLOTS
§699. Sealing of ballot container
When a container is required to be sealed, it shall be done so that the seal on the container must be broken before its contents
can be examined.
[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 - §711. Preparation of returns
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 2: ELECTION PROCEDURE
Article 6: RETURNS
§711. Preparation of returns
As soon as the results of the election have been declared, the election return must be prepared. The warden at each ward
or precinct shall fill out the election return form provided by the Secretary of State, showing the number of votes cast for
each candidate or question and recording the total number of state ballots cast in that ward or precinct. The warden and
one other election official shall sign the return and immediately deliver it to the municipal clerk.
[2001, c. 516, §12 (amd).]
1. Single district municipality. In a municipality with a single voting district, the municipal clerk shall make an attested copy of the municipality return
and immediately send it to the Secretary of State.
[2001, c. 310, §48 (rpr).]
2. Multidistrict municipality. In a municipality with multiple voting districts, the municipal clerk shall total the voting district returns and complete
the total municipality return form provided by the Secretary of State. The clerk shall make an attested copy of each of the
voting district returns and the total municipality return and immediately send them to the Secretary of State.
[2001, c. 310, §48 (rpr).]
2-A. Clerk to correct obvious errors. In making the attested copies of either the voting district returns or the municipality return, the clerk shall correct
any errors in either the tabulating or recording of the count that are obvious based on the tally sheets or copies of the
tally tapes available to the clerk. The clerk may not change the totals recorded on the precinct return prepared by the warden
but shall make the correction to the attested copy with a notation of the basis for the correction.
[2001, c. 310, §48 (new).]
3. Clerk to record. The clerk shall record the attested copies of the election return with the Secretary of State within 3 days after election
day.
[2001, c. 310, §48 (rpr).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1985,
Ch. 226,
§
(AMD).
PL 1991,
Ch. 466,
§21
(AMD).
PL 2001,
Ch. 310,
§48
(RPR).
PL 2001,
Ch. 516,
§12
(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 - §712. Return not delivered
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 2: ELECTION PROCEDURE
Article 6: RETURNS
§712. Return not delivered
If an election return is not delivered to the Secretary of State within 3 business days after an election, the Secretary of
State shall send a messenger to the municipality concerned, and the clerk shall give that messenger a certified copy of the
return.
[1993, c. 473, §27 (amd); §46 (aff).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1993,
Ch. 473,
§27
(AMD).
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 - §721. Reports of registration and enrollment
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 3: POST ELECTION PROCEDURE
Article 1: TABULATION AND RESULTS
§721. Reports of registration and enrollment
Within 10 business days after any statewide election, the registrar shall update all information in the central voter registration
system for all voters in the municipality to reflect any voter registration activity after the incoming voting list was printed
for that election and up until the close of the polls on election day. The registrar shall also enter any designations of
challenged ballots in the applicable voter records in the central voter registration system. The registrar shall notify the
Secretary of State as soon as these tasks are complete.
[2005, c. 453, §57 (amd).]
div>
After the registrar has completed the update of the central voter registration system, as required by this section, and no
later than 20 business days after the election, unless a recount has been requested pursuant to section 737-A, the clerk shall
update the central voter registration system by entering voter participation history for that election. The clerk shall notify
the Secretary of State as soon as this task is completed.
[2005, c. 453, §57 (new).]
div>
In a municipality in which a recount has been requested pursuant to section 737-A, the clerk shall update the central voter
registration system by entering voter participation history for that election within 10 business days after receiving a copy
of the incoming voting list as required by section 737-A, subsection 9. The clerk shall notify the Secretary of State as
soon as this task is completed.
[2005, c. 453, §57 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1991,
Ch. 466,
§22
(AMD).
PL 1993,
Ch. 447,
§16
(AMD).
PL 2005,
Ch. 453,
§57
(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 - §722-A. Determination of write-in candidate
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 3: POST ELECTION PROCEDURE
Article 1: TABULATION AND RESULTS
§722-A. Determination of write-in candidate
To be considered a valid 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, either before the election or no later than 3 business days after the
election. The candidate must meet all the other qualifications for that office.
[1999, c. 426, §24 (new).]
Section History:
PL 1999,
Ch. 426,
§24
(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 - §722. Secretary of State to tabulate and print results
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 3: POST ELECTION PROCEDURE
Article 1: TABULATION AND RESULTS
§722. Secretary of State to tabulate and print results
Within 20 days after an election, the Secretary of State shall tabulate the election returns and submit the tabulation to
the Governor.
[1985, c. 161, §6 (new).]
1. How tabulated. The Secretary of State shall tabulate all votes that appear by an election return to have been cast for each question or
candidate whose name appeared on the ballot. All write-in candidates, as defined in section 1, subsection 51, receiving less
than 5% of the votes cast for that office must be titled "others" when the tabulation is processed.
[2001, c. 516, §13 (amd).]
2. Correction of return. If it appears that an election return does not agree with the record of the vote at any voting place, the Secretary of State
shall correct the tabulation by obtaining a certified copy of the record from the clerk.
[1985, c. 161, §6 (new).]
3. Tabulation printed. The Secretary of State shall have copies of the tabulation printed and made available to the public.
[1985, c. 161, §6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1993,
Ch. 695,
§30
(AMD).
PL 1997,
Ch. 436,
§104
(AMD).
PL 1999,
Ch. 426,
§23
(AMD).
PL 2001,
Ch. 516,
§13
(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 - §723. Determination of election
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 3: POST ELECTION PROCEDURE
Article 1: TABULATION AND RESULTS
§723. Determination of election
The determination of an election or referendum question is governed by the following provisions.
[1985, c. 161, §6 (new).]
1. Primary election. In a primary election, the person who receives a plurality of the votes cast for nomination to any office, as long as there
is at least one vote cast for that office, is nominated for that office, except for write-in candidates under paragraph A
and section 722-A.
A. A person who has not qualified as a candidate for nomination by primary election by filing a petition and consent under
sections 335 and 336, but who fulfills the other qualifications under section 334, may be nominated at the primary election
if that person receives a number of valid write-in votes equal to at least twice the minimum number of signatures required
under section 335, subsection 5, on a primary petition for a candidate for that office.
[2001, c. 310, §49 (amd).]
B. The Secretary of State shall immediately certify by mail the nomination of each person nominated by the primary election.
[1985, c. 161, §2 (new).]
[2001, c. 516, §14 (amd).]
2. Other elections. In any other election, the person who receives a plurality of the votes cast for election to any office, as long as there
is at least one vote cast for that office, is elected to that office, except that write-in candidates must also comply with
section 722-A.
[2001, c. 516, §15 (amd).]
3. More than one vacancy. In any election, if there is more than one vacancy in an office, as many persons are nominated or elected as there are vacancies
to be filled in decreasing order of the plurality of votes received by them.
[1985, c. 161, §6 (new).]
4. Referendum question. A referendum question is determined by majority vote.
[1985, c. 161, §6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1987,
Ch. 146,
§
(AMD).
PL 1991,
Ch. 244,
§
(AMD).
PL 1999,
Ch. 426,
§25,26
(AMD).
PL 2001,
Ch. 310,
§49
(AMD).
PL 2001,
Ch. 516,
§14,15
(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 - §724-A. Written notice to Legislature
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 3: POST ELECTION PROCEDURE
Article 1: TABULATION AND RESULTS
§724-A. Written notice to Legislature
At the time the Governor publicly proclaims the result of the vote on any measure referred to the people for approval under
the Constitution of Maine, Article IV, Part Third, Section 17 or 18, he shall also provide written notice of the result of
that vote to the President of the Senate, the Speaker of the House and the Revisor of Statutes.
[1987, c. 188, § 7 (new).]
Section History:
PL 1987,
Ch. 188,
§7
(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 - §724. Election certificate issued
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 3: POST ELECTION PROCEDURE
Article 1: TABULATION AND RESULTS
§724. Election certificate issued
Within a reasonable time after an election, the Governor shall issue an election certificate, in accordance with Title 5,
section 84, or a notice of apparent election to each person elected to office, according to the tabulation under section 722.
The Governor may not issue a certificate while the election is contested before the court. If the court finds that a candidate
has been apparently elected, the court shall immediately notify the Governor of that apparent election. The Governor shall
issue a notice of apparent election to the person apparently elected, according to the findings of the court.
[1993, c. 473, §28 (amd); §46 (aff).]
1. Ineligible person. The Governor shall not issue an election certificate to a person who is ineligible for the office.
[1985, c. 161, § 6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1993,
Ch. 473,
§28
(AMD).
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 - §725. Commencement of term of office
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 3: POST ELECTION PROCEDURE
Article 1: TABULATION AND RESULTS
§725. Commencement of term of office
County officials elected at the general election take office on January 1st directly following election day. The terms of
other officials commence on the day provided in the Constitution of the State of Maine or the Constitution of the United States.
[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 - §731. Tie defined
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 3: POST ELECTION PROCEDURE
Article 2: TIE VOTES
§731. Tie defined
There is a tie vote when 2 or more persons receive an equal number of votes, which number would entitle each one to nomination
or election, except for the tie. There is a tie vote in a referendum, when a question receives an equal number of affirmative
and negative votes.
[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 - §732. Procedure
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 3: POST ELECTION PROCEDURE
Article 2: TIE VOTES
§732. Procedure
When there is a tie vote, the following provisions apply.
[1985, c. 161, § 6 (new).]
1. Primary election. In a primary election, the Secretary of State shall notify each person involved in the tie to be present at his office at
a certain time. At that time, the Secretary of State shall select the nominee publicly by lot.
[1985, c. 161, § 6 (new).]
2. Other elections. In any other election, the Governor shall issue a proclamation under section 366 declaring the tie and ordering a special
election between the persons tied.
A. If there is a tie vote for presidential electors, the Governor shall convene the Legislature by proclamation. The Legislature
by joint ballot of the members assembled in convention shall determine which are elected.
[1985, c. 161, § 6 (new).]
B. This subsection does not apply to the election of the following offices which are governed by the Constitution of the State
of Maine or the Constitution of the United States: United States Senator, Representative to Congress, Governor and members
of the Legislature.
[1985, c. 161, §6 (new).]
C. If there is a tie vote for State Senator or Representative to the Legislature as finally determined by the proper House
under the Constitution of Maine, Article IV, Part Third, Section 3, the Governor shall issue a proclamation under section
366 declaring the tie and ordering a special election between the persons tied.
[1985, c. 161, § 6 (new).]
[1985, c. 161, § 6 (new).]
3. Referendum. In a referendum, other than on a liquor local option question, the negative vote prevails.
[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 - §736. Candidate's inspection of ballots and incoming voting list (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 3: POST ELECTION PROCEDURE
Article 3: INSPECTION AND RECOUNT
§736. Candidate's inspection of ballots and incoming voting list (REPEALED)
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1987,
Ch. 188,
§8
(AMD).
PL 1987,
Ch. 258,
§1,2
(AMD).
PL 1993,
Ch. 473,
§29
(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 - §737-A. Recount
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 3: POST ELECTION PROCEDURE
Article 3: INSPECTION AND RECOUNT
§737-A. Recount
For the purposes of this section, a candidate may also be a write-in candidate who has met the qualifications of section 722-A.
If, after an initial tally of the ballots, the margin between the number of votes cast for the leading candidate and the
number of votes cast for the 2nd-place candidate is less than 1% of the total number of votes cast in that race, a recount
is presumed necessary.
[1999, c. 426, §27 (amd).]
div>
Once a recount is triggered by this presumption, or a recount is requested, the Secretary of State shall notify the State
Police, who shall take physical control of all ballots and related materials involved in the recount as soon as possible.
[1993, c. 473, §31 (new); §46 (aff).]
div>
The State Police shall store and maintain exclusive control over the ballots and other materials pending and during the recount
except when the counting is being conducted by the Secretary of State.
[1993, c. 473, §31 (new); §46 (aff).]
div>
A losing candidate in any election who desires a recount must file with the Secretary of State a written request for a recount
within 5 business days after the election. The recount is held under the supervision of the Secretary of State, who shall
allow the candidate's representatives or counsel to recount the ballots. The candidate may not act as a counter of ballots.
[1999, c. 426, §28 (amd).]
div>
If, after the official tabulation is submitted to the Governor, the apparent winner is determined the losing candidate, that
candidate may request another recount within 3 business days after the date the Governor receives the tabulation.
[1993, c. 473, §31 (new); §46 (aff).]
1. Deposit for recount. All deposits required by this section must be made with the Secretary of State when a recount is requested by a losing candidate.
Once the State Police have 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 2% or less of the total votes cast for that office, a deposit is not required.
[2003, c. 447, §25 (amd).]
B. If the percentage difference shown by the official tabulation between the leading candidate and the requesting candidate
is more than 2% and less than or equal to 4% of the total votes cast for that office, the deposit is $500.
[2003, c. 447, §25 (amd).]
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.
[2003, c. 447, §25 (amd).]
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.
[2003, c. 447, §25 (new).]
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.
[2003, c. 447, §25 (new).]
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.
[2003, c. 447, §25 (new).]
[2003, c. 447, §25 (amd).]
2. Recount request. If a ballot contains the names of state and local candidates or questions, the Secretary of State shall determine which
requests for recount must be honored first when more than one request is presented.
[1993, c. 473, §31 (new); §46 (aff).]
3. Notice of recount. The Secretary of State shall send written notice of a recount to the candidates for the office in question, stating the
time and place of the recount.
[1993, c. 473, §31 (new); §46 (aff).]
4. Time of recount and designated recount candidates. The recount must be held as soon as reasonably possible at a time and place that affords the designated recount candidates
a reasonable opportunity to be present. For purposes of this section, "the designated recount candidates" means the leading
candidate and each candidate who has requested a recount and paid the applicable fee in accordance with this section. The
recount involves a new count of the results for the designated recount candidates only. Once a candidate has requested a
recount, the other candidates for that elective office must be notified of the request as soon as possible. Candidates for
that elective office whose vote totals fall between the totals of the leading candidate and the requesting candidate must
be provided with an opportunity to be included in the recount as a designated recount candidate by making a written request
to join the recount and paying the applicable fee, either within 5 business days after the election or, if the recount request
is made on the last day of that period, by the close of business on the next business day. Candidates for that elective office
other than the designated recount candidates may be present to observe the recount but are not included in the recount, and
their vote totals remain as indicated in the official results reported by the municipalities.
[2003, c. 447, §26 (amd).]
5. Persons prohibited from working at recount. Confidential state employees, employees of the Legislature, candidates and elected state officials may not participate in
ballot recounts in any capacity. This subsection does not prohibit employees within the Department of the Secretary of State,
election officials and staff of the Department of the Attorney General and the Judicial Department from performing their duties
with respect to a recount.
[1993, c. 473, §31 (new); §46 (aff).]
6. List of recount personnel. The Secretary of State shall maintain a list of recount personnel for 2 years after the recount.
[1993, c. 473, §31 (new); §46 (aff).]
7. Disputed ballots segregated. At the recount, the Secretary of State shall segregate disputed ballots. Disputed ballots that are not resolved must be
photocopied by a representative of the Secretary of State. The photocopy of the ballot is not a public record and must be
kept separate from the original ballots.
When a recount is requested by a write-in candidate who did not receive the minimum number of votes required, if the write-in
candidate is the only candidate at the recount and it appears from the recount that a sufficient number of votes for that
candidate has been received at the election, then all ballots from that election are considered "disputed."
[1993, c. 473, §31 (new); §46 (aff).]
8. Mistake in ballot count. If it is found that a mistake was made in counting the ballots on election day, the Secretary of State shall submit a corrected
tabulation to the Governor.
[1993, c. 473, §31 (new); §46 (aff).]
9. Package resealed and marked. After a recount, the Secretary of State shall copy the incoming voting list, before proceeding to reseal the packages of
ballots and incoming voting lists, noting the fact and date of the recount on the packages. The Secretary of State shall
immediately send or deliver the copy of the incoming voting list to the clerk for the purpose of updating voter participation
history in the central voter registration system. The clerk shall immediately send a receipt to the Secretary of State noting
the date and time of delivery of the copy. All challenged and disputed ballots must be packaged separately. The challenged
and disputed ballots must be kept until released to the court or to the Senate or the House of Representatives, if applicable,
in case of an appeal.
[2005, c. 453, §58 (amd).]
10. Appeals. For all elections, except for the Senate and the House of Representatives, if there are enough challenged or disputed ballots
to affect the result of an election, the Secretary of State shall forward the ballots and related records for that election
to the clerk of the Supreme Judicial Court. The Supreme Judicial Court shall determine the result of the election pursuant
to procedures adopted by court rule. The decision of the Supreme Judicial Court is final and must be certified to the Governor
by the Chief Justice.
For all elections to the Senate and the House of Representatives, each House shall establish procedures for recount appeals.
[1993, c. 473, §31 (new); §46 (aff).]
11. Withdrawal from recount. A candidate who requests and receives a recount may withdraw from the recount at any time while the recount shows that candidate
to be the loser. If, during the recount, the candidate requesting the recount overtakes and passes the candidate who initially
appeared to win the election, the candidate requesting the recount may not withdraw the request and the recount must be completed.
[1993, c. 473, §31 (new); §46 (aff).]
Section History:
PL 1993,
Ch. 473,
§31
(NEW).
PL 1993,
Ch. 473,
§46
(AFF).
PL 1995,
Ch. 459,
§67,68
(AMD).
PL 1999,
Ch. 426,
§27,28
(AMD).
PL 2003,
Ch. 447,
§25-27
(AMD).
PL 2005,
Ch. 453,
§58
(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 - §737. Recount (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 3: POST ELECTION PROCEDURE
Article 3: INSPECTION AND RECOUNT
§737. Recount (REPEALED)
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1985,
Ch. 383,
§13
(AMD).
PL 1987,
Ch. 188,
§9
(AMD).
PL 1987,
Ch. 258,
§3
(AMD).
PL 1991,
Ch. 466,
§23
(AMD).
PL 1993,
Ch. 473,
§30
(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 - §738. Statewide referendum ballots
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 3: POST ELECTION PROCEDURE
Article 3: INSPECTION AND RECOUNT
§738. Statewide referendum ballots
Except as otherwise provided in this section, the method of conducting a referendum recount is governed by section 737-A.
[1995, c. 506, §1 (new); §3 (aff).]
div>
On petition signed by 100 or more affected voters, a recount may be held on any referendum question by applying to the Secretary
of State within the deadline provided in section 737-A. A deposit is required if the percentage difference between the yes
and no votes falls within the requirements of section 737-A, subsection 1. Appeal of challenged or disputed ballots is to
the Supreme Judicial Court.
[1993, c. 473, §32 (amd); §46 (aff).]
div>
If a ballot contains state and local candidates or questions, the Secretary of State shall determine which requests for recount
must be honored first when more than one request is presented.
[1993, c. 473, §32 (amd); §46 (aff).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1987,
Ch. 188,
§10
(AMD).
PL 1993,
Ch. 473,
§32
(AMD).
PL 1993,
Ch. 473,
§46
(AFF).
PL 1995,
Ch. 506,
§1
(AMD).
PL 1995,
Ch. 506,
§3
(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 - §739. Ballots and incoming voting lists available for inspection
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 3: POST ELECTION PROCEDURE
Article 3: INSPECTION AND RECOUNT
§739. Ballots and incoming voting lists available for inspection
On request, a municipal clerk or the Secretary of State, or both, shall produce any ballots or incoming voting lists in their
custody before the Governor, either branch of the Legislature, any legislative committee or a court of competent jurisdiction.
[1993, c. 473, §33 (amd); §46 (aff).]
div>
After the time for completion of recounts following any election has elapsed, and on request of any person, the clerk of any
municipality or the Secretary of State, or both, shall produce any incoming voting lists in his custody.
[1985, c. 161, § 6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1993,
Ch. 473,
§33
(AMD).
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 - §741. Jurisdiction (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 3: POST ELECTION PROCEDURE
Article 4: DETERMINATION OF DISPUTED ELECTIONS (HEADING: PL 1993, c. 473, @34 (rp))
§741. Jurisdiction (REPEALED)
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1993,
Ch. 473,
§34
(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 - §742. Appeal to commission (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 3: POST ELECTION PROCEDURE
Article 4: DETERMINATION OF DISPUTED ELECTIONS (HEADING: PL 1993, c. 473, @34 (rp))
§742. Appeal to commission (REPEALED)
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1993,
Ch. 473,
§34
(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 - §743. Investigations (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 3: POST ELECTION PROCEDURE
Article 4: DETERMINATION OF DISPUTED ELECTIONS (HEADING: PL 1993, c. 473, @34 (rp))
§743. Investigations (REPEALED)
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1993,
Ch. 473,
§34
(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 - §744. Procedure (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 3: POST ELECTION PROCEDURE
Article 4: DETERMINATION OF DISPUTED ELECTIONS (HEADING: PL 1993, c. 473, @34 (rp))
§744. Procedure (REPEALED)
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1993,
Ch. 473,
§34
(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 - §745. Questions of law (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 3: POST ELECTION PROCEDURE
Article 4: DETERMINATION OF DISPUTED ELECTIONS (HEADING: PL 1993, c. 473, @34 (rp))
§745. Questions of law (REPEALED)
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1993,
Ch. 473,
§34
(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 - §746. Judicial determination of disputed county office (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 3: POST ELECTION PROCEDURE
Article 4: DETERMINATION OF DISPUTED ELECTIONS (HEADING: PL 1993, c. 473, @34 (rp))
§746. Judicial determination of disputed county office (REPEALED)
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1993,
Ch. 473,
§34
(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 - §751. Proper at any election
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 1: REGULAR ABSENTEE VOTING
§751. Proper at any election
Absentee ballots may be cast at any election by any voter who requests an absentee ballot as provided under this subchapter.
The voter need not specify a reason to receive an absentee ballot.
[1999, c. 645, §4 (rpr).]
1. Absence.
[1999, c. 645, §4 (rp).]
2. Incapacity.
[1999, c. 645, §4 (rp).]
3. Religious belief.
[1999, c. 645, §4 (rp).]
4. Confinement.
[1999, c. 645, §4 (rp).]
5. Distance from polls.
[1999, c. 645, §4 (rp).]
6. At registrar's office.
[1985, c. 357, §6 (rp).]
6-A. Working when polls are open.
[1999, c. 645, §4 (rp).]
7. Residence in certain facilities.
[1999, c. 645, §4 (rp).]
8. Citizens outside the United States.
[1999, c. 645, §4 (rp).]
9. Marginal literacy.
[1999, c. 645, §4 (rp).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1985,
Ch. 357,
§6,7,19
(AMD).
PL 1987,
Ch. 188,
§11-13
(AMD).
PL 1991,
Ch. 466,
§24,25
(AMD).
PL 1995,
Ch. 459,
§69
(AMD).
PL 1995,
Ch. 670,
§A1
(AMD).
PL 1995,
Ch. 670,
§D5
(AFF).
PL 1997,
Ch. 436,
§105
(AMD).
PL 1999,
Ch. 426,
§29
(AMD).
PL 1999,
Ch. 645,
§4
(RPR).
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 - §752-A. Federal absentee ballot
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 1: REGULAR ABSENTEE VOTING
§752-A. Federal absentee ballot
The federal write-in absentee ballot may be used in primary, general and special elections for state and federal offices by
uniformed service voters or overseas voters who are qualified pursuant to section 751.
[2003, c. 407, §22 (amd).]
Section History:
PL 2001,
Ch. 516,
§16
(NEW).
PL 2003,
Ch. 407,
§22
(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 - §752. Materials furnished
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 1: REGULAR ABSENTEE VOTING
§752. Materials furnished
At least 3 months before any election, the Secretary of State shall furnish each municipality with a reasonable number of
dated absentee ballot applications. A reasonable time, not less than 30 days unless an emergency exists, before any election,
the Secretary of State shall furnish each municipality with a reasonable number of absentee ballots and return envelopes.
[1985, c. 161, §6 (new); c. 357, §§8 & 19 (amd).]
1. Absentee ballots to be identical. Absentee ballots must be identical to the regular ballots used at an election, except as provided in paragraph A for uniformed
service voters or overseas voters.
A. At least 3 months before the election to which they pertain, the Secretary of State shall furnish each municipality with
a reasonable number of blank write-in absentee ballots for use by uniformed service voters or overseas voters who have met
the qualifications in section 751. These ballots must be similar to regular ballots, except that no candidate names may be
printed. The Secretary of State shall prepare a ballot listing all offices to be selected with a space after each office
to write in the voter's preference. The Secretary of State shall design the form of the ballot, including any instructions
to the voters in marking the ballot.
[2003, c. 407, §20 (amd).]
B. The Secretary of State shall provide a reasonable number of absentee ballots for township residents who are registered or
enrolled in a municipality outside their electoral divisions under section 156. These ballots must contain the names of the
nominees or candidates for offices in the electoral divisions in which the voters reside.
[1991, c. 466, §26 (amd).]
[2003, c. 407, §20 (amd).]
2. Content of application. The Secretary of State shall design or approve the form of the application to be used to request an absentee ballot.
[2001, c. 310, §50 (rpr).]
3. Form of envelope. The Secretary of State shall design or approve the form of the absentee ballot envelope.
[2001, c. 310, §51 (rpr).]
4. Delivery of materials; insufficient quantity. The Secretary of State shall send the voting materials to the clerk of each municipality. If the clerk believes that a
larger number should be furnished, the clerk must notify the Secretary of State who shall determine whether the additional
materials are needed and, if so, shall furnish them as promptly as possible.
[2003, c. 407, §21 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1985,
Ch. 357,
§8,9,19
(AMD).
PL 1985,
Ch. 363,
§3
(AMD).
PL 1987,
Ch. 188,
§14
(AMD).
PL 1989,
Ch. 166,
§5
(AMD).
PL 1991,
Ch. 466,
§26-28
(AMD).
PL 1995,
Ch. 459,
§70,71
(AMD).
PL 1997,
Ch. 436,
§106
(AMD).
PL 2001,
Ch. 310,
§50,51
(AMD).
PL 2003,
Ch. 407,
§20,21
(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 - §753-A. Procedure for requesting an absentee ballot
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 1: REGULAR ABSENTEE VOTING
§753-A. Procedure for requesting an absentee ballot
1. Applications available. On request, the clerk shall furnish a reasonable number of absentee ballot applications to any person, except that an application
may not be furnished more than 3 months before the election for which the application will be used. This subsection does
not apply to a uniformed service voter or an overseas voter who requests an absentee ballot under this subchapter.
[2003, c. 407, §23 (amd).]
2. Application for state and municipal ballots at same time. If a municipal election is to be held on the same date as a statewide election, absentee ballots for the municipal and statewide
election may be issued in response to the same application unless the municipal ballots are not ready to be issued at the
time the statewide ballot is available. The clerk may not delay the issuance of a statewide absentee ballot in order to include
a municipal ballot pursuant to this subsection.
[1999, c. 645, §6 (new).]
3. Request in writing. A voter may complete an application or make a written request for the voter's own ballot by mail, in person or by facsimile.
The voter may designate an immediate family member or a 3rd person to deliver the ballot on the voter's behalf. An immediate
family member of a voter may also make an application or written request for an absentee ballot for the voter.
A. An application or a written request for an absentee ballot must be accepted by the clerk if it contains the following information:
(1) The voter's name;
(2) The voter's residence address or other address sufficient to identify the voter;
(3) The signature of the voter or the voter's immediate family member who is making the application or written request.
If an immediate family member is either making the application or written request or is designated in the application or
written request to deliver or return the ballot to the voter, then the family relationship to the voter must also be provided;
and
(4) If applicable, a different address to which the applicant requests the ballot be sent or delivered.
[2003, c. 447, §28 (new).]
B. If the voter needs assistance pursuant to subsection 5, then in addition to the information required in paragraph A, the
following information must be provided in order for the application or written request to be accepted by the clerk:
(1) The printed name and signature of the person who helped the voter; and
(2) A statement that the aide helped the voter by either reading or signing the application, or both.
[2003, c. 447, §28 (new).]
C. If the voter wishes to have the ballot delivered or returned by a 3rd person, then in addition to the information required
in paragraph A, the following information must be provided in order for the application or written request to be accepted
by the clerk:
(1) The name of the 3rd person whom the voter has designated. A 3rd person may only be designated in an application or
written request that is signed by the voter.
[2003, c. 447, §28 (new).]
[2003, c. 447, §28 (amd).]
4. Application by telephone. A voter may make a telephone application for the voter's own ballot. In this case, the voter may not designate an immediate
family member or a 3rd person to deliver the ballot on the voter's behalf. The clerk shall ask the voter for the information
required and complete the application, with the exception of the voter's signature, and shall write "telephone request" on
the application. The clerk shall also obtain the voter's birth date and write it on the application. The clerk shall verify
that it is the voter who is requesting the ballot by confirming the voter's residence address and birth date with the information
in the voter's record. A telephone application must be accepted by the clerk if it contains the voter's name, the voter's
date of birth, the voter's residence address or other address sufficient to identify the voter and, if applicable, a different
address to which the applicant requests the ballot be sent or delivered.
[2003, c. 447, §29 (amd).]
5. Assistance to certain voters. A voter who is unable to read, sign or complete an application because of physical disability, illiteracy or religious faith
may request another person, other than the voter's employer or agent of that employer or an officer or agent of the voter's
union, to assist the voter in reading, signing or completing the application. If an aide assists a voter by reading or signing
the application, the aide shall complete and sign the certificate on the application stating that the aide has assisted the
voter.
[1999, c. 645, §6 (new).]
Section History:
PL 1999,
Ch. 645,
§6
(NEW).
PL 2003,
Ch. 407,
§23
(AMD).
PL 2003,
Ch. 447,
§28,29
(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 - §753-B. Procedure for issuing absentee ballot
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 1: REGULAR ABSENTEE VOTING
§753-B. Procedure for issuing absentee ballot
1. Application or written request received. Upon receipt of an application, written request or telephone application for an absentee ballot that is accepted pursuant
to section 753-A, the clerk shall immediately issue an absentee ballot and return envelope by mail or in person to the applicant
or to the immediate family member or to a 3rd person designated in a written application or request made by the voter. The
clerk shall type or write in ink the name and the residence address of the voter in the designated section of the return envelope.
[2003, c. 447, §30 (amd).]
2. Restrictions on issuing ballot. The clerk may not deliver an absentee ballot to any 3rd person who is a candidate or a member of a candidate's immediate
family. The clerk may not deliver to an immediate family member or to a 3rd person any absentee ballot requested by telephone.
The clerk may not issue more than 5 absentee ballots to any 3rd person designated in applications or written requests at
any time.
[1999, c. 645, §6 (new).]
3. Return of ballot by 3rd person. A 3rd person shall, unless good cause is shown, return an absentee ballot to the clerk's office within 2 business days of
the date that ballot was provided to the 3rd person or by the close of the polls on election day, whichever is earlier. The
clerk shall inform the 3rd person of the deadline for the return of the ballot.
[2001, c. 310, §52 (amd).]
4. Duplicate application. The clerk may issue a 2nd state absentee ballot to an applicant if the applicant requests one by an acceptable method outlined
in this subchapter and:
A. The applicant states good cause, including, but not limited to, loss of, spoiling of or damage to the first absentee ballot;
or
[1999, c. 645, §6 (new).]
B. An absentee ballot for the applicant that was furnished to a designated 3rd person was not returned to the clerk's office
within the time limit provided in subsection 3. If a ballot for an applicant is not returned to the clerk within that time
limit, the clerk shall mail or hand deliver a ballot to that applicant and may not issue another ballot to the applicant except
for good cause as provided in this subsection. This paragraph does not affect the deadline for delivery of absentee ballots
under section 755.
[2003, c. 447, §31 (amd).]
The clerk may also issue a 2nd state absentee ballot to a voter from whom the clerk has received a return envelope apparently
containing a state absentee ballot when the State has provided the clerk with replacement ballots to reflect the removal of
a candidate's name or the addition of a new candidate's name or the correction of an error. When a 2nd state absentee ballot
is issued to a voter under this section, the clerk must write the words "second ballot issued" on the return envelope.
[2003, c. 447, §31 (amd).]
5. Alternate method of balloting by residents of certain licensed facilities. The municipal clerk shall designate one or more times during the 30-day period prior to an election during which the municipal
clerk shall be present in each licensed nursing home subject to the provisions of Title 22, chapter 405; licensed residential
care facility subject to the provisions of Title 22, chapter 1664; and assisted housing program subject to the provisions
of Title 22, chapter 1664, in the municipality for the purpose of conducting absentee voting by residents of these facilities.
The licensed residential care facilities referred to in this subsection are those that are licensed as Level II facilities.
The clerk shall designate which areas in these facilities constitute the voting place, the voting booth and the guardrail
enclosure. Sections 681 and 682 apply to voting in these facilities within the areas designated by the clerk.
[RR 2001, c. 2, Pt. A, §28 (cor).]
6. Clerk to keep list of absentee voters. The clerk shall create and maintain, in the central voter registration system, an alphabetical list, by district, of the
persons who requested or were furnished absentee ballots, including the persons who voted in the presence of the clerk under
subsection 8 and the persons whose ballots were issued to a 3rd person under subsection 1. The clerk shall maintain a copy
of the lists required under this subsection for a period of 2 years as a public record.
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 ballot was requested, issued and received; a notation of whether the application and the ballot
were accepted or rejected; and a place for the registrar to certify the voter registration status of the absentee voters.
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 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.
[2005, c. 364, §7 (amd).]
B. The clerk shall submit this list of absentee voters to the registrar for certification of the registration status and, when
applicable, the enrollment status of the voters. The registrar shall certify the list either before or as soon as possible
after the ballot is issued to the voter. The certifications must be completed before the absentee ballots may be processed
and cast on election day.
[2003, c. 407, §24 (amd).]
C. The clerk shall also keep a list of the 3rd persons designated in applications or written requests to whom absentee ballots
are sent or delivered under subsection 1 and of the number of absentee ballots sent or delivered to them. This list of 3rd
person ballot carriers must include telephone numbers for contacting the 3rd persons.
[2001, c. 310, §54 (new).]
D.
[2005, c. 364, §7 (rp).]
E. Within 10 business days after each election, the clerk shall update the central voter registration system to include the
changes required by paragraph A. The clerk also must update the central voter registration system to reflect any absentee
ballots received after the polls have closed on election day by changing the rejection reason. When all updates have been
made in the central voter registration system, the clerk shall certify this to the Secretary of State and make a final list
of absentee ballots available for public inspection.
[2005, c. 364, §7 (new).]
[2005, c. 364, §7 (amd).]
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 not, the registrar or clerk shall write "not registered"
or "not enrolled" on the face of the application and sign the registrar's or clerk's name. Whenever an application for an
absentee ballot is denied, the municipal clerk shall immediately notify the applicant in writing of the reason for the denial.
[1999, c. 645, §6 (new).]
8. Absentee voting in presence of clerk. A person who wishes to vote by absentee ballot may, without completing an application, vote by absentee ballot in the presence
of the clerk. The method of voting is otherwise as prescribed in this article. After the person has voted, the clerk shall
sign the affidavit on the return envelope as a witness, indicate on the envelope that the voter voted in the presence of a
clerk and ensure that the affidavit on the return envelope is properly completed by the voter. For the 45 days preceding
an election, during the hours when the clerk's office is open and may be conducting absentee voting, the display or distribution
of any advertising material intended to influence a voter's decision regarding a candidate or ballot issue is prohibited within
the clerk's office and on public property within 250 feet of the entrance to the clerk's office.
This subsection does not apply to the display or distribution of any campaign advertising material on private property that
is within 250 feet of the entrance to the clerk's office.
This subsection does not apply to campaign advertising material on automobiles traveling to and from the municipal office
or parked on municipal property while the occupants are visiting the municipal office to conduct municipal business. It does
not prohibit a person who is at the municipal office for the purpose of conducting municipal business or for absentee voting
from wearing a campaign button when the longest dimension of the button does not exceed 3 inches.
[1999, c. 645, §6 (new).]
Section History:
PL 1999,
Ch. 645,
§6
(NEW).
PL 2001,
Ch. 310,
§52-54
(AMD).
RR 2001,
Ch. 2,
§A28
(COR).
PL 2003,
Ch. 407,
§24,25
(AMD).
PL 2003,
Ch. 447,
§30,31
(AMD).
PL 2005,
Ch. 364,
§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 - §753-C. Absentee ballots for program participants in Address Confidentiality Program
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 1: REGULAR ABSENTEE VOTING
§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 clerk shall mail the absentee ballot 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 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 instead of the voter's name.
[2005, c. 364, §8 (new).]
Section History:
PL 2005,
Ch. 364,
§8
(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 - §753. Procedure for obtaining (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 1: REGULAR ABSENTEE VOTING
§753. Procedure for obtaining (REPEALED)
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1985,
Ch. 357,
§10,19
(AMD).
PL 1985,
Ch. 614,
§20
(AMD).
PL 1987,
Ch. 62,
§1,2
(AMD).
PL 1987,
Ch. 188,
§15
(AMD).
PL 1991,
Ch. 466,
§29
(AMD).
PL 1991,
Ch. 862,
§6
(AMD).
PL 1993,
Ch. 473,
§35,36
(AMD).
PL 1993,
Ch. 473,
§46
(AFF).
PL 1993,
Ch. 695,
§31
(AMD).
PL 1995,
Ch. 459,
§72-74
(AMD).
PL 1995,
Ch. 670,
§A2
(AMD).
PL 1995,
Ch. 670,
§D5
(AFF).
PL 1997,
Ch. 120,
§1
(AMD).
PL 1997,
Ch. 436,
§107-111
(AMD).
PL 1999,
Ch. 426,
§30
(AMD).
PL 1999,
Ch. 645,
§5
(RP ).
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 - §754-A. Method of voting
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 1: REGULAR ABSENTEE VOTING
§754-A. Method of voting
Except as provided in section 753-B, subsection 8 and section 753-C, the method of voting by absentee ballot is as follows.
[2005, c. 364, §9 (amd).]
1. Ballot delivered to voter or immediate family member. When a voter or an immediate family member of a voter obtains a ballot from the clerk in person or by mail and returns that
ballot to the clerk in person or by mail and receives no assistance in marking the ballot, the following procedures apply.
A. The voter shall mark that ballot according to section 691 or 692 so that it is impossible for anyone present at the time
to see how the voter voted.
[1997, c. 436, §112 (amd).]
B. While the voter is marking the ballot, there may be no communication between the voter and any other individual as to the
person or question for which the voter is to vote.
[1985, c. 357, §§12, 19 (new).]
C. After the voter has completed marking the ballot, the voter shall then seal the ballot in its return envelope and complete
the affidavit on the envelope. No notary or witness certification is required.
[1997, c. 436, §112 (amd).]
D. The voter or an immediate family member of the voter shall then mail or deliver in person the sealed envelope containing
the voted ballot to the clerk of the municipality of which the voter is a resident. The voter shall send a completed voter
registration or absentee ballot application, if necessary, in a separate envelope.
[1999, c. 645, §7 (amd).]
E. If an immediate family member of the voter returns an absentee ballot that was requested by the voter or another immediate
family member of the voter, in writing or in person, the clerk shall accept the ballot. The clerk shall have the immediate
family member who returned the ballot sign the application or written request and shall indicate that the ballot was returned
by that person.
[1999, c. 645, §7 (new).]
[1999, c. 645, §7 (amd).]
2. Ballot delivered by 3rd person or returned by 3rd person. When a ballot is delivered to the voter by a person other than the clerk or an immediate family member of the voter or is
returned to the clerk by a person other than the voter, the clerk or an immediate family member of the voter and the voter
receives no assistance in marking the ballot, the following procedures apply.
A. The voter must mark the ballot in the presence of the following witness or witnesses: One notary public, clerk of a municipality
or clerk of courts or 2 other individuals. The voter, before marking the ballot, must show it to the witness or witnesses
who must examine it to be certain it is unmarked.
[1999, c. 645, §7 (amd).]
B. While the voter is marking the ballot, there may be no communication between the voter and any other individual as to the
person or question for which the voter is to vote.
[1985, c. 357, §§12, 19 (new).]
C. The voter must mark the ballot according to section 691 or 692 so that it is impossible for anyone present at the time to
see how the voter voted. The voter must then seal the ballot in its return envelope and complete the affidavit on the envelope
in the presence of the witness or witnesses, who shall sign the witness certification.
[1999, c. 645, §7 (amd).]
D. The voter must then complete the address on the envelope and mail or deliver it personally or by the 3rd person who was
designated in the application to the clerk of the municipality of which the voter is a resident. The voter must send a completed
voter registration or absentee ballot application, if necessary, in a separate envelope.
[1999, c. 645, §7 (amd).]
[1999, c. 645, §7 (amd).]
3. Assistance in reading or marking ballot. A voter who is unable to read or mark the ballot because of the voter's physical disability, illiteracy or religious faith
must vote according to the procedures in this subsection instead of the procedures in subsection 1 or 2.
A. A voter who needs assistance may request another person, other than the voter's employer or agent of that employer or officer
or agent of the voter's union, to assist the voter in reading or marking the ballot.
[1985, c. 357, §§12, 19 (new).]
B. The voter or the aide must mark the ballot in the presence of one of the following witnesses: Notary public, clerk of a
municipality, clerk of courts or another individual.
[1987, c. 736, §42 (amd).]
C. The voter or the aide, before marking the ballot, must show it to the witness who must examine it to be certain it is unmarked.
[1985, c. 357, §§12, 19 (new).]
D. While the voter or the aide is marking the ballot, there may be no communication between the voter and any individual, other
than the aide who must mark the ballot as the voter indicates, as to the person or question for which the voter is to vote.
[1985, c. 357, §§12, 19 (new).]
E. The voter or the aide must mark the ballot according to section 691 or 692 so that it is impossible for anyone else present
to see how the voter voted, then seal the ballot in its return envelope. The voter, or the aide at the voter's request, shall
complete and sign the affidavit in the presence of the witness, who shall sign the witness certification. The aide must complete
and sign the certification for aides on the outside of the envelope.
[1985, c. 357, §§12, 19 (new).]
F. The voter or the aide must then complete the address on the envelope and mail or deliver it personally or by the 3rd person
who was designated in the application to the clerk of the municipality of which the voter is a resident. The voter must send
a completed voter registration or absentee ballot application, if necessary, in a separate envelope.
[1999, c. 645, §7 (amd).]
[1999, c. 645, §7 (amd).]
Section History:
PL 1985,
Ch. 357,
§12,19
(NEW).
PL 1987,
Ch. 736,
§41,42
(AMD).
PL 1997,
Ch. 436,
§112
(AMD).
PL 1999,
Ch. 645,
§7
(AMD).
PL 2005,
Ch. 364,
§9
(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 - §754. Method of voting (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 1: REGULAR ABSENTEE VOTING
§754. Method of voting (REPEALED)
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1985,
Ch. 357,
§11,19
(RP ).
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 - §755. Deadline
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 1: REGULAR ABSENTEE VOTING
§755. Deadline
In order to be valid, an absentee ballot must be delivered to the municipal clerk at any time before the polls are closed.
[1991, c. 622, Pt. X, §9 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1987,
Ch. 624,
§
(AMD).
PL 1991,
Ch. 622,
§X9
(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 - §756. Procedure on receipt
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 1: REGULAR ABSENTEE VOTING
§756. Procedure on receipt
When the clerk receives a return envelope apparently containing an absentee ballot, he shall observe the following procedures.
[1985, c. 161, §6 (new).]
1. Time of receipt noted. He shall note the date and time of delivery on each return envelope. On request, he shall give the person who delivers
the ballot a receipt, stating the exact time of delivery.
[1985, c. 161, §6 (new).]
2. Clerk to examine signatures and affidavit. He shall compare the signature of the voter on the application, where required, with that on the corresponding return envelope.
He shall examine the affidavit on the return envelope. If the signatures appear to have been made by the same person and
if the affidavit is properly completed, he shall write "OK" and his initials on the return envelope. Otherwise, he shall
note any discrepancy on the return envelope.
A. If the signatures do not appear to have been made by the same person, but this discrepancy is apparently the result of the
voter's having properly obtained assistance under either section 753-A, subsection5, or section 754-A, subsection 3, or both,
then the clerk shall note the discrepancy on the return envelope, but shall also write "OK" and the clerk's initials on the
return envelope.
[1999, c. 645, §8 (amd).]
[1999, c. 645, §8 (amd).]
3. Application attached. The clerk shall attach each application, where required, to the corresponding envelope. He shall not open any return envelope.
[1985, c. 161, §6 (new).]
4. Lists prepared.
[2001, c. 310, §55 (rp).]
5. Envelopes and lists delivered. On election day, the clerk shall deliver or have delivered the return envelopes prescribed by section 752, subsection 3,
with the applications, when required, attached and a copy of the list required by section 753-B, subsection 6, to the warden
of the voting district in which the voter is registered, except in those municipalities where the clerk or the clerk's designee
processes the absentee ballots centrally. In those municipalities where the absentee ballots are processed centrally, the
clerk shall deliver or have delivered the materials described in this subsection to the person authorized by the clerk to
process absentee ballots at the designated central location. After processing the absentee ballots, the warden or the clerk
shall attach the copy of the list of absentee voters to the incoming voting list and seal it as provided in section 698.
[2003, c. 447, §32 (amd).]
6. Procedure when duplicate envelopes received from same voter. If more than one return envelope is received from the same voter who was authorized to receive a 2nd state absentee ballot
pursuant to section 753-B, then the clerk or warden shall process and count the ballot from the envelope marked "second ballot
issued" or bearing the latest date and time and shall reject and keep sealed the first absentee envelope. If more than one
return envelope is received from the same voter who was not authorized to receive a 2nd state absentee ballot pursuant to
section 753-B, then the clerk or warden shall process and count the ballot from the envelope bearing the earliest date and
time. If only one return envelope is received from a voter who was authorized to receive a 2nd state absentee ballot pursuant
to section 753-B, then the clerk or warden shall process and count that ballot for all offices or questions for which the
voter was entitled to vote.
[2003, c. 447, §33 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1985,
Ch. 357,
§13,14,19
(AMD).
PL 1999,
Ch. 645,
§8
(AMD).
PL 2001,
Ch. 310,
§55,56
(AMD).
PL 2003,
Ch. 447,
§32,33
(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 - §757. Challenges
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 1: REGULAR ABSENTEE VOTING
§757. Challenges
An absentee ballot may be challenged the same as a regular ballot under section 673.
[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 - §758. Personal vote required when possible (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 1: REGULAR ABSENTEE VOTING
§758. Personal vote required when possible (REPEALED)
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1985,
Ch. 357,
§15,19
(AMD).
PL 1991,
Ch. 466,
§30
(RP ).
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 - §759. Counting procedure
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 1: REGULAR ABSENTEE VOTING
§759. Counting procedure
The following counting procedure must be observed at each voting place.
[1995, c. 459, §75 (amd).]
1. Warden to review notes of clerk. Unless a request to inspect applications and envelopes is made pursuant to subsection 8, the warden shall review the notes
of the clerk on each return envelope according to the schedule posted under subsection 7.
[1995, c. 459, §76 (amd).]
2. Accepted if correct. If the warden finds that the affidavit is properly completed, that the clerk has verified that the signature on the envelope
matches the signature on the application where applicable, that the person is registered and enrolled where necessary, the
warden shall then examine the incoming voting list to determine whether the voter voted in person at the election. The warden
shall then announce the name of each absentee voter who has not voted at the election and remove each ballot from its envelope
without destroying the envelope or unfolding the ballot. After having an election clerk from a political party different
from that of the warden mark the letters "AV" beside the name of each absentee voter on the incoming voting lists, the warden
shall accept the ballot.
[1995, c. 459, §77 (amd).]
3. Rejected if incorrect. The warden shall not open the envelope and shall write "Rejected" on it, the reason why and his initials if he finds that:
A. The signatures do not appear to have been made by the same person and the discrepancy is not the result of the voter's having
obtained assistance under section 753-A, subsection 5 or section 754-A, subsection 3, in cases where an application is required;
[1999, c. 645, §9 (amd).]
B. The affidavit is not properly completed;
[1985, c. 161, §6 (new).]
C. The person is not registered or enrolled where necessary;
[1985, c. 161, §6 (new).]
D. The voter has voted in person; or
[1985, c. 161, §6 (new).]
E. The ballot was received by the clerk after the deadline.
[1985, c. 161, §6 (new).]
[1999, c. 645, §9 (amd).]
4. Primary election provisions. At a primary election when the warden removes a ballot from its envelope, he shall check its color to be sure it is the
ballot of the party in which the voter is enrolled. If it is not, he shall immediately replace it in its envelope, reseal
the envelope and write "Rejected" on it, the reason why and his initials.
[1985, c. 161, §6 (new).]
5. Rejected ballots separate. The warden shall place the return envelopes containing rejected ballots in an envelope marked "Rejected ballots." Rejected
ballots may not be counted.
[1995, c. 459, §78 (amd).]
6. Ballots counted. As soon as the absentee ballots are processed, they are counted the same as regular ballots.
[1995, c. 459, §78 (amd).]
7. Processing before close of polls. A notice signed by the municipal clerk must be posted at least 7 days before election day in the same manner as posting
the notice of election, under section 621-A, stating each specific time that the clerk intends to begin processing absentee
ballots on election day. The warden shall follow the procedures required by subsections 1 to 6 to process absentee ballots
before the close of the polls. The clerk shall notify the chairs of each political party of the municipality, in writing,
that this procedure is to occur. This notice must be considered sufficient as long as it is mailed to the last address of
each municipal chair that is known to the clerk.
[1997, c. 436, §113 (amd).]
8. Inspection of absentee envelopes before processing. If a candidate or the candidate's representative notifies the clerk before 5 p.m. on the day before election day that the
candidate or the candidate's representative wishes to inspect absentee ballot applications and envelopes before they are processed,
the warden or clerk shall allow the candidate or representative to inspect the applications and envelopes of ballots before
they are processed or for 30 minutes after the time specified in the notice for processing on election day. The warden may
immediately proceed to process the ballots after the candidate or representative has completed the review.
If the municipality processes absentee ballots only after the polls close on election day, then the candidate or the candidate's
representative must notify the warden by 5 p.m. on election day that the candidate or the candidate's representative wishes
to inspect absentee ballot applications and envelopes after the polls close. The warden shall allow the candidate or representative
to inspect the applications and envelopes for 30 minutes after the polls close. The warden may immediately proceed to process
the ballots after the candidate or representative has completed the review.
[1999, c. 645, §10 (rpr).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1985,
Ch. 357,
§16,17,19
(AMD).
PL 1991,
Ch. 466,
§31,32
(AMD).
PL 1991,
Ch. 862,
§7
(AMD).
PL 1993,
Ch. 447,
§17
(AMD).
PL 1993,
Ch. 583,
§1,2
(AMD).
PL 1995,
Ch. 459,
§75-80
(AMD).
PL 1997,
Ch. 436,
§113,114
(AMD).
PL 1999,
Ch. 645,
§9,10
(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 - §760-A. Procedures when clerk processes absentee ballots centrally
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 1: REGULAR ABSENTEE VOTING
§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.
[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.
[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.
[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.
[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.
[2005, c. 453, §59 (amd).]
[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, 761 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.
[1995, c. 459, §82 (new).]
Section History:
PL 1995,
Ch. 459,
§82
(NEW).
PL 2001,
Ch. 310,
§57
(AMD).
PL 2005,
Ch. 453,
§59
(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 - §760. Procedures when counting to be by the clerk (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 1: REGULAR ABSENTEE VOTING
§760. Procedures when counting to be by the clerk (REPEALED)
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1985,
Ch. 313,
§
(AMD).
PL 1995,
Ch. 459,
§81
(RP ).
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 - §761. Deceased voter; ballot rejected
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 1: REGULAR ABSENTEE VOTING
§761. Deceased voter; ballot rejected
If an absentee voter dies before the polls are opened on election day, and this fact comes to the attention of the clerk,
registrar or any election official, he shall notify the warden who shall reject the ballot of the dead person. The warden
shall write on the unopened envelope "Rejected as deceased," and place it with the other rejected ballots.
[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 - §762. Irregularities disregarded
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 1: REGULAR ABSENTEE VOTING
§762. Irregularities disregarded
An absentee ballot may not be rejected for any immaterial irregularity in completing the application or affidavit on the return
envelope. The following information must be on the envelope for the ballot to be accepted:
[1985, c. 161, §6 (new).]
1. Name and address. The voter's name and legal address typed or written in ink by the clerk in the upper left-hand corner;
[1985, c. 161, §6 (new).]
2. Signature. The voter's signature; and
[1991, c. 466, §33 (amd).]
3. Reason.
[1991, c. 466, §34 (rp).]
4. Witness signatures. The witness or other certifying official's signature, when required.
[1995, c. 459, §83 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1991,
Ch. 466,
§33,34
(AMD).
PL 1995,
Ch. 459,
§83
(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 - §763. Return of election materials
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 1: REGULAR ABSENTEE VOTING
§763. Return of election materials
As soon as the ballots have been counted, the applications, where required, absentee ballots, return envelopes, lists required
by sections 753-B and 756 and other election materials must be repacked, in accordance with section 698, and returned to the
clerk. The clerk shall keep them in the clerk's office for the time required by section 23.
[1999, c. 645, §11 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1985,
Ch. 614,
§21
(RPR).
PL 1999,
Ch. 645,
§11
(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 - §764. Applications and envelopes as public records
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 1: REGULAR ABSENTEE VOTING
§764. Applications and envelopes as public records
Absentee ballot applications and absentee ballot return envelopes are public records until the close of voting on election
day, or until the ballots have been processed on election day, if the municipality processes absentee ballots before 8:00
p.m. After that time, except as provided in section 759, subsection 8, the applications and envelopes are not public records
and may be inspected only in accordance with this Title.
[1997, c. 436, §115 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1991,
Ch. 466,
§35
(AMD).
PL 1997,
Ch. 436,
§115
(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 - §776. Applicability of provisions
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 2: VOTING BY MEMBERS OF THE ARMED FORCES
§776. Applicability of provisions
This article applies to uniformed service voters or overseas voters who are covered by the federal Uniformed and Overseas
Citizens Absentee Voting Act, 42 United States Code, Section 1973ff (2001). The Secretary of State is responsible for carrying
out the State's duties under that Act.
[2003, c. 407, §26 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 2003,
Ch. 407,
§26
(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 - §777-A. Registration and enrollment
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 2: VOTING BY MEMBERS OF THE ARMED FORCES
§777-A. Registration and enrollment
Uniformed service voters or overseas voters may register or enroll at any time by completing a federal or state voter registration
application form and filing it with the registrar.
[2003, c. 407, §28 (new).]
Section History:
PL 2003,
Ch. 407,
§28
(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 - §777. Methods of registration and enrollment (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 2: VOTING BY MEMBERS OF THE ARMED FORCES
§777. Methods of registration and enrollment (REPEALED)
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1993,
Ch. 695,
§32
(AMD).
PL 2003,
Ch. 407,
§27
(RP ).
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 - §778. Duty of registrar
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 2: VOTING BY MEMBERS OF THE ARMED FORCES
§778. Duty of registrar
On receipt of an application under section 777-A, the registrar shall register the applicant, unless it appears that the applicant
is not qualified. If the applicant is not qualified, the registrar shall notify the applicant of the reason for rejection
of the application.
[2003, c. 407, §29 (amd).]
1. Member specially designated. The registrar shall designate a uniformed service voter in the central voter registration system with the letter "S".
[2005, c. 453, §60 (amd).]
2. Overseas voter specially designated. The registrar shall designate an overseas voter in the central voter registration system with the letter "O".
[2005, c. 453, §61 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 2003,
Ch. 407,
§29
(AMD).
PL 2005,
Ch. 453,
§60,61
(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 - §779. Name may be added at any time (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 2: VOTING BY MEMBERS OF THE ARMED FORCES
§779. Name may be added at any time (REPEALED)
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 2003,
Ch. 407,
§30
(RP ).
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 - §780-A. Use of blank write-in absentee ballot
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 2: VOTING BY MEMBERS OF THE ARMED FORCES
§780-A. Use of blank write-in absentee ballot
Prior to the time when regular absentee ballots are available, if an applicant requests a blank write-in absentee ballot or
indicates that it takes more than 6 weeks to receive and return mail to the applicant's location, the clerk shall send a blank
write-in absentee ballot to the voter. Once the regular absentee ballots become available, the clerk shall issue a regular
absentee ballot in response to any request under this section. If the clerk has issued a blank write-in absentee ballot to
a voter before the regular absentee ballots become available, the clerk may send a regular absentee ballot to the voter, following
the procedures for issuing a 2nd absentee ballot under section 753-B.
[2003, c. 407, §32 (new).]
Section History:
PL 2003,
Ch. 407,
§32
(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 - §780. Absentee ballots; application
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 2: VOTING BY MEMBERS OF THE ARMED FORCES
§780. Absentee ballots; application
A uniformed service voter or an overseas voter may request an absentee ballot as provided in section 753-A or by submitting
a federal application or form requesting an absentee ballot. With respect to any election for federal office, a clerk may
not refuse to accept or process any otherwise valid voter registration application or absentee ballot application submitted
by a uniformed service voter or an overseas voter on the grounds that the voter submitted the application more than 3 months
before the election for which the application will be used. An application or request for an absentee ballot for a uniformed
service voter or overseas voter that is accepted pursuant to section 753-A remains valid through the next 2 regularly scheduled
general elections for federal office and entitles the voter to receive absentee ballots for all elections during that period.
[2003, c. 407, §31 (rpr).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 2003,
Ch. 407,
§31
(RPR).
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 - §781-A. Absentee ballot application; procedure on receipt
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 2: VOTING BY MEMBERS OF THE ARMED FORCES
§781-A. Absentee ballot application; procedure on receipt
Upon receipt of an application, written request or telephone application for an absentee ballot that is accepted pursuant
to section 753-A, the clerk shall immediately issue an absentee ballot and return envelope by mail or in person to the applicant
or to the immediate family member or to a 3rd person designated in a written application or request made by the voter. The
clerk 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 which moves free of postage under federal law.
[2003, c. 407, §34 (new).]
Section History:
PL 2003,
Ch. 407,
§34
(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 - §781. Absentee ballots; procedure on receipt (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 2: VOTING BY MEMBERS OF THE ARMED FORCES
§781. Absentee ballots; procedure on receipt (REPEALED)
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 2003,
Ch. 407,
§33
(RP ).
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 - §782. Absentee ballots; procedure on return
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 2: VOTING BY MEMBERS OF THE ARMED FORCES
§782. Absentee ballots; procedure on return
On receipt of a return envelope apparently containing an absentee ballot, the clerk shall follow the procedures for regular
absentee voting under this subchapter.
[2003, c. 407, §35 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 2003,
Ch. 407,
§35
(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 - §783. Authority of Secretary of State
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 2: VOTING BY MEMBERS OF THE ARMED FORCES
§783. Authority of Secretary of State
The Secretary of State may act administratively to facilitate voting by uniformed service voters and overseas voters. The
Secretary of State may use federal or other facilities available for this purpose.
[2003, c. 407, §35 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 2003,
Ch. 407,
§35
(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 - §791. Violations and penalties
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 4: ABSENTEE VOTING
Article 3: VIOLATIONS AND PENALTIES
§791. Violations and penalties
1. Class E crime. The commission of any act described as follows in this subsection is a Class E crime:
A.
[1991, c. 466, §36 (rp).]
B. A municipal clerk who, when a person has voted by absentee ballot in the clerk's presence under section 753-B, subsection
8, signs the clerk's name to an affidavit on the absentee ballot return envelope when the affidavit is not properly completed;
or
[1999, c. 645, §12 (amd).]
C. A 3rd person, designated in an application or request for an absentee ballot, who receives an absentee ballot from the clerk
in accordance with that application or request, and who, without good cause, fails to return that absentee ballot to the clerk's
office within the time limit provided in section 755.
[1985, c. 161, §6 (new).]
[1999, c. 645, §12 (amd).]
2. Class D crime. A person commits a Class D crime if that person:
A. Delivers, receives, accepts, notarizes or witnesses an absentee ballot for any compensation. This paragraph does not apply
to a governmental employee handling ballots in the course of that employee's official duties or a person who handles absentee
ballots before the unvoted ballots are delivered to the municipality or after the voted ballots are returned to the clerk.
[1993, c. 473, §37 (rpr); §46 (aff).]
B.
[1993, c. 473, §37 (rp); §46 (aff).]
C.
[1993, c. 473, §37 (rp); §46 (aff).]
[1993, c. 473, §37 (rpr); §46 (aff).]
3. Class C crime. A person commits a Class C crime if that person:
A. Forges the name of another on an absentee ballot, the return envelope or the application for an absentee ballot; or
[1993, c. 473, §38 (new); §46 (aff).]
B. Is a candidate who, notwithstanding this subchapter, delivers, receives, accepts, notarizes or witnesses an absentee ballot,
other than the candidate's own absentee ballot, furnished by the clerk of a municipality in this State. This paragraph does
not apply to an elected municipal clerk in an election when no other name for the office of clerk appears on the ballot.
In a contested election for the office of clerk, a clerk may not be exempted from the provisions of this paragraph but shall
instead appoint a deputy or an assistant to whom the municipality shall pay all associated costs for the duration of the deputy's
or assistant's temporary employment in that capacity.
[1993, c. 473, §38 (new); §46 (aff).]
[1993, c. 473, §38 (new); §46 (aff).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1985,
Ch. 357,
§18,19
(AMD).
PL 1987,
Ch. 364,
§
(AMD).
PL 1987,
Ch. 572,
§
(AMD).
PL 1991,
Ch. 466,
§36
(AMD).
PL 1993,
Ch. 473,
§37,38
(AMD).
PL 1993,
Ch. 473,
§46
(AFF).
PL 1999,
Ch. 645,
§12
(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 - §801. Election
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 5: PRESIDENTIAL ELECTORS
§801. Election
In a presidential election year, the presidential electors shall be chosen at the general election.
[1985, c. 161, §6 (new).]
1. Vote for presidential candidate construed. A vote for the candidate for President is a vote for the presidential electors nominated by the candidate's political party
or by petition.
[2001, c. 516, §17 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 2001,
Ch. 516,
§17
(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 - §802. Representation
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 5: PRESIDENTIAL ELECTORS
§802. Representation
One presidential elector shall be chosen from each congressional district and 2 at large.
[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
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Augusta, Maine 04333-0007
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Title 21-A - §803. Duties of Governor
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 5: PRESIDENTIAL ELECTORS
§803. Duties of Governor
As soon as possible after the presidential electors are chosen, the Governor shall send a certificate of the determination
of the electors to the Archivist of the United States under the state seal. The certificate shall state the names of the electors
and the number of votes which each received. The Governor shall deliver 6 certificates under the state seal to the electors
on or before the first Monday after the 2nd Wednesday of December, following their election.
[1989, c. 166, §6 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1989,
Ch. 166,
§6
(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 - §804. Meeting in convention
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 5: PRESIDENTIAL ELECTORS
§804. Meeting in convention
The presidential electors shall convene in the House Chamber in Augusta at 2 p.m. on the first Monday after the 2nd Wednesday
of December following their election. If any electors are not present, the electors present shall fill the vacancy by majority
vote.
[1993, c. 447, §18 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1993,
Ch. 447,
§18
(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
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Title 21-A - §805. Convention duties
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 5: PRESIDENTIAL ELECTORS
§805. Convention duties
The duties of the presidential electors in convention are as follows.
[1985, c. 161, §6 (new).]
1. Separate ballots. When convened as required by section 804, the presidential electors shall each cast separate ballots for President and Vice
President, at least one of whom must not be a resident of this State.
[1985, c. 161, §6 (new).]
2. Presidential electors. The presidential electors at large shall cast their ballots for the presidential and vice-presidential candidates who received
the largest number of votes in the State. The presidential electors of each congressional district shall cast their ballots
for the presidential and vice-presidential candidates who received the largest number of votes in each respective congressional
district.
[1985, c. 161, §6 (new).]
3. Certificate prepared and sent. The presidential electors shall make and subscribe to 6 certificates containing the number of votes cast separately for President
and Vice President. They shall attach one of the lists of electors furnished them by the Governor to each certificate. They
shall seal each certificate and attached list in an envelope stating that a certificate of the votes of this State for President
and Vice President is contained inside.
[1985, c. 161, §6 (new).]
4. Envelope sent immediately.
[1989, c. 166, §7 (rp).]
4-A. Certificates sent immediately. The presidential electors shall send immediately by registered mail one certificate to the President of the Senate of the
United States and 2 certificates to the Archivist of the United States in Washington, D.C. The presidential electors shall
deliver 2 certificates to the Secretary of State, who shall hold one of them subject to the order of the President of the
Senate of the United States and shall retain the other for public inspection for one year. The presidential electors shall
deliver one certificate to the Chief Judge of the United States District Court for the District of Maine.
[1989, c. 166, §8 (new).]
5. Envelope sent next day.
[1989, c. 166, §9 (rp).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1989,
Ch. 166,
§7-9
(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 - §806. Compensation of electors and employees
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 5: PRESIDENTIAL ELECTORS
§806. Compensation of electors and employees
The presidential electors shall be paid $10 a day for each day actually and necessarily employed in the performance of their
duties and necessary expenses, including travel expenses, at the same rate as that paid to members of the Legislature. The
presidential electors may hire necessary clerical employees who shall be paid a reasonable compensation established by the
electors.
[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 - §808. Definitions
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
§808. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
[1991, c. 347, §5 (new).]
1. Automatic tabulating equipment. "Automatic tabulating equipment" means any apparatus that automatically examines and counts votes recorded on paper ballots
and tabulates the results.
[2001, c. 310, §58 (amd).]
2. Ballot or paper ballot. "Ballot" or "paper ballot" means the printed paper ballot on which votes may be recorded in the layout and format required
to conform to the electronic voting system in use.
[1991, c. 347, §5 (new).]
3. Ballot card.
[2001, c. 310, §59 (rp).]
4. Ballot labels. "Ballot labels" means the pages, cards or other material containing the names of offices and candidates and the referendum
questions to be voted on that are placed on the voting device to conform with the voting system in use.
[1991, c. 347, §5 (new).]
5. Counting center. "Counting center" means one or more locations selected by the municipal officers for the automatic counting of ballots.
[1991, c. 347, §5 (new).]
5-A. Direct recording electronic voting machine. "Direct recording electronic voting machine" means a system that records votes by means of a ballot display provided with
mechanical, electro-optical or electro-audio components that can be activated by the voter, that processes data by means of
a computer program and that records voting data in memory components. A direct recording electronic voting machine produces
a tabulation of the voting data stored in a removable memory component and on a printed copy.
[2003, c. 651, §1 (new).]
6. Electronic tabulating system. "Electronic tabulating system" means a mark-sense voting system where the paper ballots are subsequently counted and tabulated
by an electronic tabulating device at one or more counting centers. "Electronic tabulating system" includes all the software
and firmware required to program and control the equipment in the respective system.
[2001, c. 310, §60 (amd).]
7. Marking device. "Marking device" means any special marking implements or fluorescent or opaque inks that are required for marking paper
ballots, depending on the type of system in use.
[2001, c. 310, §61 (amd).]
8. Mark-sense voting system. "Mark-sense voting system" means a system in which votes are recorded on paper ballots by making marks in special voting
response locations using a marking device. The votes on the paper ballots are subsequently counted and tabulated by an electronic
tabulating device at one or more counting centers.
[1995, c. 459, §84 (amd).]
8-A. Mechanical lever voting machine. "Mechanical lever voting machine" means a machine that directly records a voter's choices via mechanical lever-actuated
controls into a counting mechanism that tallies the votes without using a physical ballot.
[2003, c. 651, §2 (new).]
8-B. Punch card voting machine. "Punch card voting machine" means a machine that transmits a voter's choices onto either a prescored or unscored ballot
via mechanically punched holes that are then read and tallied by the machine.
[2003, c. 651, §2 (new).]
9. Punch card voting system.
[2001, c. 310, §62 (rp).]
10. Voting device. "Voting device" means the voting machine or electronic tabulating system apparatus that the voters use to record their votes
on paper ballots or on a tabulating card.
[1995, c. 459, §84 (amd).]
11. Voting machine. "Voting machine" means an apparatus on which voters cast their votes that records each vote by means of mechanical or electronic
counters and furnishes a total of the number of votes cast for each candidate and for and against each referendum measure.
[2001, c. 310, §63 (amd).]
Section History:
PL 1991,
Ch. 347,
§5
(NEW).
PL 1995,
Ch. 459,
§84
(AMD).
PL 2001,
Ch. 310,
§58-63
(AMD).
PL 2003,
Ch. 651,
§1,2
(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 - §809-A. Certain electronic connections and Internet voting prohibited
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
§809-A. Certain electronic connections and Internet voting prohibited
1. Electronic connections prohibited. Connections of any voting devices, as defined by section 808, via the Internet to centralized vote collection equipment
may not be employed by election officials of the State. Networking of voting machines, Internet-enabled or otherwise, is
prohibited.
[2003, c. 651, §4 (new).]
2. Electronic returns. A vote total that is transmitted electronically is not considered an official return. The official return of votes cast
must be prepared in accordance with section 711. Nothing in this section may be construed to prevent the electronic filing
of unofficial returns.
[2003, c. 651, §4 (new).]
3. Internet voting. Use of the Internet for the casting of votes on-line is prohibited.
[2003, c. 651, §4 (new).]
Section History:
PL 2003,
Ch. 651,
§4
(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 - §809. Approval of voting devices
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
§809. Approval of voting devices
1. Rules. The Secretary of State and the Attorney General together may adopt rules governing approval of voting machines under section
813 and electronic tabulating systems under section 844. The Secretary of State may adopt rules requiring independent testing
of voting machines and electronic tabulating systems in use or proposed for use in the State and indicating which voting machines
and electronic tabulating systems are approved for use by municipalities.
[1995, c. 459, §85 (amd).]
2. Use of approved voting machines and systems. Voting machines and systems approved and recommended pursuant to rules adopted under subsection 1 may be used by any municipality
in a state election. Voting machines and electronic tabulating systems that have not been approved for use may not be used
by any municipality.
[1995, c. 459, §85 (amd).]
3. Publication of list.
[1995, c. 459, §86 (rp).]
3-A. Proscribed voting machines. The following types of voting machines may not be used in the conduct of state elections:
A. Mechanical lever voting machines; and
[2003, c. 651, §3 (new).]
B. Punch card voting machines.
[2003, c. 651, §3 (new).]
[2003, c. 651, §3 (new).]
4. Application. This section applies only to those voting devices in use by the municipality after October 1, 1987.
[1991, c. 347, §5 (new).]
Section History:
PL 1991,
Ch. 347,
§5
(NEW).
PL 1995,
Ch. 459,
§85,86
(AMD).
PL 2003,
Ch. 651,
§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 - §810. Approval of voting devices (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 1: VOTING MACHINES
§810. Approval of voting devices (REPEALED)
Section History:
PL 1987,
Ch. 96,
§1
(NEW).
PL 1991,
Ch. 347,
§6
(RP ).
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 - §811. Obtaining and using
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 1: VOTING MACHINES
§811. Obtaining and using
A municipality may obtain and use voting machines according to the following provisions.
[1985, c. 161, § 6 (new).]
1. Purchased or rented. The municipality may either purchase or rent voting machines.
[1985, c. 161, § 6 (new).]
2. Use authorized. The voting machines shall be used at each type of election authorized by the legislative body of the municipality. Once
authorization has been given for use of the machines at any type of election, that authorization continues until specifically
revoked by the legislative body.
[1985, c. 161, § 6 (new).]
3. Use in one or more districts. A municipality which has more than one voting district may use voting machines in one or more of the districts as determined
by its legislative body.
[1985, c. 161, § 6 (new).]
4. Provided by municipality. In those municipal voting districts using voting machines, the municipal officers of each municipality must provide at least
one voting machine for each 450, or fraction exceeding 12 of that number, of the voters qualified to vote at each voting
place.
[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
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Title 21-A - §812-A. Accessible voting equipment
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 1: VOTING MACHINES
§812-A. Accessible voting equipment
1. Accessible voting equipment at each polling place. The Secretary of State, in compliance with the voting accessibility requirements of the federal Help America Vote Act of
2002, shall provide one direct recording electronic voting machine, or other voting system equipped for individuals with disabilities,
for use at each polling place used in the conduct of state elections. Such machines must produce permanent paper records
that provide a manual audit capacity for the machines and must also provide voters with audio functions that enable the voters
to verify their ballots aurally before the votes are cast, and all such machines must meet the requirements of section 812,
subsection 10 unless the Secretary of State is unable to procure machines that the Secretary of State determines are adequate
to meet the requirements of this section and section 812 in time to comply with the Help America Vote Act of 2002.
Additional accessible voting machines may be used in the conduct of state elections, but those machines must meet the requirements
set forth in section 812.
[2005, c. 445, §2 (amd).]
2. Moratorium.
[2003, c. 651, §8 (new); T. 21-A, §812-A, sub-§2 (rp).]
Section History:
PL 2003,
Ch. 651,
§8
(NEW).
PL 2005,
Ch. 445,
§2
(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 - §812. Requirements for machines
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 1: VOTING MACHINES
§812. Requirements for machines
A voting machine used in the conduct of state elections must meet the following requirements.
[2003, c. 651, §5 (amd).]
1. Secrecy. It must be constructed so that each voter may vote in secrecy.
[1985, c. 161, §6 (new).]
2. Voting limited. It must permit a voter to vote once and only once for each candidate and each question for whom or on which he is entitled
to vote. It must prevent a voter from voting for more persons for an office than there are offices to be filled.
[1985, c. 161, §6 (new).]
3. Write-in vote. It must permit a voter to vote for a write-in candidate.
[1985, c. 161, §6 (new).]
4. Form and content of ballot label. The titles of offices may be arranged horizontally with the names of candidates for an office arranged vertically under
the title of the office, or the titles of offices may be arranged vertically with the names of candidates for an office arranged
horizontally opposite the title of the office, or the titles of offices and the names of candidates for an office may be arranged
in any horizontal and vertical combination as may be determined advisable by the Secretary of State.
The names of candidates must be printed in the order provided by law and, in general elections, the party designation of each
candidate, which may be abbreviated, must be printed following the candidate's name. If there are more candidates for an
office than can be printed in one column or on one ballot page, the ballot label must be clearly marked that the list of candidates
is continued on the following column or page and, so far as possible, the same number of names must be printed on each column
or page. Arrows may be used to indicate the place to vote for each candidate and on each measure.
[1995, c. 459, §87 (amd).]
4-A. Ballot labels for separate elections.
[2003, c. 651, §6 (rp).]
5. Voting restricted at primary. It must prevent a voter from voting for the nomination of candidates of more than one party at a primary election.
[1985, c. 161, §6 (new).]
6. Unauthorized voting prohibited. It must prevent a voter from voting for any office or upon any question for whom or on which he is not entitled to vote.
[1985, c. 161, §6 (new).]
7. Change of vote permitted. It must permit a voter to change or retract a vote he has attempted to cast for any person, or on any question, before his
vote has been completed and registered.
[1985, c. 161, §6 (new).]
8. Device for printing or photographing candidate or question counters. It may be provided with a device or devices for printing and photographing candidate and question counters which will provide
a record before the polls open and after the polls close.
[1985, c. 161, §6 (new).]
9. Official approval required. It must be of an identical type approved by the Secretary of State and the Attorney General.
[1985, c. 161, §6 (new).]
10. Paper audit trail. Except for accessible voting equipment that must be provided by 2006 in compliance with the federal Help America Vote Act
of 2002 as provided in section 812-A, subsection 1, it must produce or employ permanent paper records of the votes cast that
are able to be verified by individual voters before their votes are cast and that provide a manual audit capacity for the
machine. In the case of direct recording electronic voting machines, those records must also identify the individual machines
that produced them without revealing the identities of the voters who cast the ballots. In all cases, these records must
be reviewed in the event of a recount and considered in conjunction with the machine-produced tally.
[2005, c. 445, §1 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1995,
Ch. 459,
§87,88
(AMD).
PL 2003,
Ch. 651,
§5-7
(AMD).
PL 2005,
Ch. 445,
§1
(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 - §813. Rules on use
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 1: VOTING MACHINES
§813. Rules on use
The Secretary of State may make reasonable rules governing the use of voting machines in accordance with the Maine Administrative
Procedure Act.
[1991, c. 347, §7 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1991,
Ch. 347,
§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 - §814. Custody
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 1: VOTING MACHINES
§814. Custody
The municipal clerk has custody of a voting machine used by the municipality.
[1985, c. 161, § 6 (new).]
1. Storage and maintenance. He is responsible for the proper storage and maintenance of each machine.
A. He shall have each machine locked, sealed and stored in a safe, dry building.
[1985, c. 161, § 6 (new).]
B. He shall have each machine kept in proper operating condition.
[1985, c. 161, § 6 (new).]
[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 - §815. Expense of storage and maintenance
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 1: VOTING MACHINES
§815. Expense of storage and maintenance
The municipality shall pay reasonable expenses for the storage and maintenance of the machines as authorized by the clerk.
[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 - §816. Operating instructions
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 1: VOTING MACHINES
§816. Operating instructions
The clerk must hold a meeting before an election whenever it is necessary to instruct election officials in the operation
of voting machines.
[1985, c. 161, § 6 (new).]
1. Permission to use machines refused. The clerk may not permit a voting machine to be used at any voting place, unless he is satisfied that the election officials
at that voting place know how to operate the machine properly and how to instruct a voter in operating it.
[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
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Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §817-A. Test of voting machines
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 1: VOTING MACHINES
§817-A. Test of voting machines
The clerk shall test the voting machines using a sample of the ballot cards furnished by the Secretary of State in the same
manner as set forth in section 854 regarding the testing of electronic tabulating equipment.
[1995, c. 459, §89 (new).]
Section History:
PL 1995,
Ch. 459,
§89
(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 - §817. Ballot labels
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 1: VOTING MACHINES
§817. Ballot labels
The Secretary of State shall furnish the ballot labels for all except municipal elections.
[1985, c. 161, § 6 (new).]
1. Content of label. The ballot label must contain the names of the candidates or nominees of each political party arranged as nearly as practicable
in accordance with the requirements for paper ballots, except that the voting square shall be in the position required by
the construction of the machine and subject to section 812, subsection 4.
[1985, c. 161, § 6 (new).]
2. Referendum question. A referendum question must be arranged so that the voter may vote for or against it.
[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 - §818. Arrangement of voting place
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 1: VOTING MACHINES
§818. Arrangement of voting place
The municipal officers shall arrange each voting place in compliance with section 627, except that voting booths need not
be furnished.
[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 - §819. Secrecy preserved (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 1: VOTING MACHINES
§819. Secrecy preserved (REPEALED)
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1999,
Ch. 645,
§13
(RP ).
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 - §820. Warden to post specimen ballots or labels (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 1: VOTING MACHINES
§820. Warden to post specimen ballots or labels (REPEALED)
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1997,
Ch. 436,
§116
(RP ).
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 - §821. Delivery
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 1: VOTING MACHINES
§821. Delivery
The municipal clerk shall perform the following duties concerning the delivery of voting machines.
[1985, c. 161, § 6 (new).]
1. Delivery. The municipal clerk shall have the voting machines delivered to each voting place at least 12 hours before the polls are
opened on election day. At the time of delivery, the ballot labels must be in place on each machine.
[1995, c. 459, §90 (amd).]
2. Arrangements of machines. The clerk shall arrange each voting machine so that each ballot label, when not in use, and the exterior of the machine
are completely visible to the election officials.
[1985, c. 161, §6 (new).]
3. Machines locked. After the voting machines have been placed in the proper position at the voting place, the clerk shall make certain that
each machine is ready for use when the polls open and he shall then lock each machine.
[1985, c. 161, § 6 (new).]
4. Keys to voting machines. At least 12 hour before the polls are opened on election day, the clerk shall deliver the keys to each machine in a sealed
envelope to the warden at the voting place.
[1985, c. 161, § 6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1995,
Ch. 459,
§90
(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 - §822. Preparation for voting
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 1: VOTING MACHINES
§822. Preparation for voting
When it is time for the polls to open, the warden shall open the envelope containing the keys to the voting machines in the
presence of an election clerk from a political party other than that of the warden. The warden shall ensure that the correct
ballot labels were delivered by comparing them with the sample ballot.
[1997, c. 436, §117 (amd).]
1. Counters exposed. If the number on the seal agrees with the number on the envelope, the warden shall open the doors concealing the counters,
inspect the machine and sign a certificate provided by the Secretary of State showing that all counters are set at "000,"
that the number of the protective counter agrees with the number on the envelope and that all parts of the machine and the
ballot labels are in proper condition for voting.
A. If the machine is provided with a device or devices for printing or photographing candidate and question counters, it is
not necessary to open the door concealing the counters. The warden and the election clerk shall proceed to operate the mechanism
provided to produce one "before election inspection record" showing whether the candidate and question counters register "000"
and sign the certificate as prescribed by the Secretary of State.
[1985, c. 161, §6 (new).]
[1985, c. 161, §6 (new).]
2. Machine satisfactory. If the machine is in satisfactory condition for voting, the warden shall immediately permit its use, after closing the doors
concealing the counters.
[1985, c. 161, §6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1995,
Ch. 459,
§91
(AMD).
PL 1997,
Ch. 436,
§117
(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 - §823. Directions for voting
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 1: VOTING MACHINES
§823. Directions for voting
A voter must follow the same procedure before voting as if paper ballots were being used. He is entitled to the same assistance
in voting by machine as by paper ballot.
[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 - §824. Challenge of right to vote
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 1: VOTING MACHINES
§824. Challenge of right to vote
A voter who is challenged in a voting precinct where voting machines are used may not use the voting machine for casting his
vote, but must use an official paper ballot.
[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 - §825. Activation of machines
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 1: VOTING MACHINES
§825. Activation of machines
The voting machines shall be activated by the warden or an election clerk designated by him.
[1985, c. 161, § 6 (new).]
1. Primary election. In a primary election, the warden or, in his absence, a designated election clerk must activate each voting machine so that
a voter can vote only for the candidates of the political party in which he is enrolled.
[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 - §826. Procedure for tabulating votes
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 1: VOTING MACHINES
§826. Procedure for tabulating votes
The following regulations outline the procedure for tabulating votes at an election in which voting machines are used.
[1985, c. 161, § 6 (new).]
1. Counters exposed. As soon as the polls are closed, the warden shall unlock each machine to prevent further voting. He shall then open the
counters on each voting machine so that anyone present can see the totals. If the machine is provided with a device for printing
or photographing candidate and question counters, it is not necessary to open the door concealing the counters. The warden
and an election clerk from a political party other than that of the warden shall proceed to operate the mechanism provided
to produce a record of the votes cast on the candidate and question counters. This record may be considered an official statement
or certificate of returns for that machine and may be endorsed, delivered and filed as required by the Secretary of State.
[1985, c. 161, § 6 (new).]
2. Totals announced. The warden shall announce the total for each candidate in the order shown on the ballot label, for each referendum question
and for each write-in candidate. As each total is read, it shall be recorded by an election clerk from a political party other
than that of the warden.
[1985, c. 161, § 6 (new).]
3. Totals checked. When all the totals for a voting machine have been read and recorded, the election clerk shall check the totals recorded
by him with those appearing on the machine. If the totals do not agree, the election clerk shall record the number of the
machine at the top of the column of totals recorded from it.
[1985, c. 161, § 6 (new).]
4. Machine locked. After allowing any person to compare the record with the totals shown on the machine, the warden shall close and lock it
with the totals remaining on it and proceed to tabulate the next machine in the same manner.
[1985, c. 161, § 6 (new).]
5. Paper ballots counted. After the totals for all voting machines have been recorded and checked, all absentee and other official paper ballots shall
be counted.
[1985, c. 161, § 6 (new).]
6. Total announced. As soon as the paper ballots have been counted, the total vote for each candidate and on each referendum question shall
be tabulated and the result announced by the warden.
[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 - §827. Procedure after election
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 1: VOTING MACHINES
§827. Procedure after election
The following procedure shall be observed after an election at which voting machines are used.
[1985, c. 161, § 6 (new).]
1. Keys sealed in envelope. In the presence of an election clerk from a political party other than that of the warden, the warden shall enclose the
keys to each voting machine in separate envelopes furnished by the municipal clerk. The warden shall write the number of each
machine, the location of the voting place in which it was used, the number on the seal and the numbers registered on the protective
counter on the outside of each envelope.
[1985, c. 161, § 6 (new).]
2. Envelopes signed. After sealing each envelope securely, the warden and the election clerk shall sign their names on it and the warden shall
have it immediately returned to the municipal clerk.
[1985, c. 161, § 6 (new).]
3. Counter totals preserved. The totals shown on the counters of a voting machine must be retained for 22 months after the election at which the machine
is used.
A. If the occurrence of another election requires the removal of the counter totals within 22 months after an election, the
municipal clerk must have them photographed in his presence and in the presence of the warden and an election clerk of a party
other than that of the warden. The warden must make a statement showing the number and counter totals of each machine as it
is photographed. He must sign the statement, have it attested and deliver it to the municipal clerk who shall record it. As
soon as the photographs are printed legibly, the municipal clerk shall remove the totals and retain the photographs for the
balance of the 22-month period. If the machines were equipped with a device or devices which had produced a printed or photographed
record of the vote shown on the candidate and question counters, the municipal clerk shall remove the totals and retain the
printed or photographed record for the balance of the 22-month period.
Notwithstanding the requirements of this paragraph, counter totals for municipal elections conducted under this Title, referenda
elections or special legislative elections shall be kept for 2 months.
[1985, c. 614, § 22 (amd).]
[1985, c. 614, § 22 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1985,
Ch. 614,
§22
(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 - §828. Security for keys
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 1: VOTING MACHINES
§828. Security for keys
The municipal clerk shall keep the keys to each voting machine in a vault or safe which is kept securely locked when the keys
are not being removed from or replaced in it. He shall not allow any unauthorized person to have possession of the keys to
any voting machine.
[1985, c. 161, § 6 (new).]
1. Keys returned. A person who is authorized to have possession of the keys to a voting machine must return them to the clerk when he no longer
needs them for the authorized purpose.
[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 - §829. Violation and penalty
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 1: VOTING MACHINES
§829. Violation and penalty
1. Altering voting machine. A person may not alter, adjust, operate, move, unlock or unseal a voting machine or any part of a voting machine with the
intent of changing the outcome of any election.
[2003, c. 447, §34 (new).]
2. Attempting to alter voting machine. A person may not attempt to alter, adjust, operate, move, unlock or unseal a voting machine or any part of a voting machine
with the intent of changing the outcome of an election.
[2003, c. 447, §34 (new).]
3. Penalty. A person who violates this section commits a Class B crime.
[2003, c. 447, §34 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1993,
Ch. 473,
§39
(AMD).
PL 1993,
Ch. 473,
§46
(AFF).
PL 2003,
Ch. 447,
§34
(RPR).
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 - §830. Application of provisions to voting by machine
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 1: VOTING MACHINES
§830. Application of provisions to voting by machine
The provisions of this Title which are not inconsistent with this Article apply to all elections where voting machines are
used.
[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 - §841. Definitions (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 2: Electronic Tabulating Systems (HEADING: PL 1995, c. 459, @92 (rpr))
§841. Definitions (REPEALED)
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1987,
Ch. 96,
§2
(AMD).
PL 1991,
Ch. 347,
§8
(RP ).
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 - §842. Obtaining and using
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 2: Electronic Tabulating Systems (HEADING: PL 1995, c. 459, @92 (rpr))
§842. Obtaining and using
A municipality may obtain and use electronic tabulating systems according to the following provisions.
[1995, c. 459, §93 (amd).]
1. Purchased or rented. The municipality may either purchase or rent voting devices.
[1985, c. 161, § 6 (new).]
2. Use authorized. The voting devices may be used at each type of election authorized by the legislative body of the municipality. Once authorization
has been given for use of the devices at any type of election, that authorization continues until specifically revoked by
the legislative body.
[1985, c. 161, § 6 (new).]
3. Use in one or more districts. A municipality which has more than one voting district may use voting devices in one or more of the districts as determined
by its legislative body.
[1985, c. 161, § 6 (new).]
4. Provided by municipality.
[1995, c. 459, §94 (rp).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1995,
Ch. 459,
§93,94
(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 - §843. Requirements for devices
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 2: Electronic Tabulating Systems (HEADING: PL 1995, c. 459, @92 (rpr))
§843. Requirements for devices
An electronic tabulating system purchased or rented by a municipality must meet the following requirements.
[1995, c. 459, §95 (amd).]
1. Secrecy. I must be used so that each voter may vote in secrecy.
[1985, c. 161, § 6 (new).]
2. Voting limited. It must permit each voter to vote at any election for all persons and offices for whom and for which the voter is entitled
to vote; to vote for as many persons for an office as the voter is entitled to vote for; to vote for or against any question
upon which the voter is entitled to vote; and the electronic tabulating equipment must reject choices recorded on the voter's
ballot, if the number of choices exceeds the number for which the voter is entitled to vote for the office or on the measure.
[1995, c. 459, §96 (amd).]
3. Write-in vote. It must permit a voter to vote for a write-in candidate.
[1985, c. 161, § 6 (new).]
4. Voting restricted at primary. It must prevent a voter from voting for the nomination of candidates of more than one party at a primary election.
[1985, c. 161, § 6 (new).]
5. Unauthorized voting prohibited. It must prevent a voter from voting for any office or upon any question for whom or on which he is not entitled to vote.
[1985, c. 161, § 6 (new).]
6. Change of vote permitted. It must permit a voter to change or retract a vote the voter has attempted to cast, in accordance with section 693, before
the voter's ballot has been deposited in the electronic tabulating device.
[1995, c. 459, §96 (amd).]
7. Official approval required. It must be of an identical type approved by the Secretary of State and the Attorney General.
[1985, c. 161, §6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1995,
Ch. 459,
§95,96
(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 - §844. Regulations of Secretary of State
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 2: Electronic Tabulating Systems (HEADING: PL 1995, c. 459, @92 (rpr))
§844. Regulations of Secretary of State
The Secretary of State may make reasonable rules governing the use of electronic tabulating systems in accordance with the
Maine Administrative Procedure Act.
[1995, c. 459, §97 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1991,
Ch. 347,
§9
(AMD).
PL 1995,
Ch. 459,
§97
(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 - §845. Custody
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 2: Electronic Tabulating Systems (HEADING: PL 1995, c. 459, @92 (rpr))
§845. Custody
The municipal clerk has custody of voting devices used by the municipality.
[1985, c. 161, § 6 (new).]
1. Storage and maintenance. The municipal clerk is responsible for the proper storage and maintenance of each device.
A. The municipal clerk shall store each device in a safe, dry building.
[1995, c. 459, §98 (amd).]
B. The municipal clerk shall keep each device in proper operating condition.
[1995, c. 459, §98 (amd).]
[1995, c. 459, §98 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1995,
Ch. 459,
§98
(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 - §846. Expense of storage and maintenance
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 2: Electronic Tabulating Systems (HEADING: PL 1995, c. 459, @92 (rpr))
§846. Expense of storage and maintenance
The municipality shall pay reasonable expenses for the storage and maintenance of the devices as authorized by the clerk.
[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 - §847. Operating instructions
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 2: Electronic Tabulating Systems (HEADING: PL 1995, c. 459, @92 (rpr))
§847. Operating instructions
The clerk must hold a meeting before an election whenever it is necessary to instruct election officials in the operation
of voting devices.
[1985, c. 161, § 6 (new).]
1. Permission to use devices refused. The clerk may not permit a voting device to be used at any voting place unless he is satisfied that the election officials
at that voting place know how to operate the device properly and how to instruct a voter in operating it.
[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 - §848. Ballot format for electronic tabulating systems
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 2: Electronic Tabulating Systems (HEADING: PL 1995, c. 459, @92 (rpr))
§848. Ballot format for electronic tabulating systems
The Secretary of State shall furnish all ballot materials for all elections conducted under this Title. Ballots furnished
for use with electronic tabulating systems must be arranged as nearly as practicable in accordance with the requirements for
candidate ballots under section 601 and for referendum ballots under section 906. For ballots that are double sided, each
side of the ballot must include a clearly printed message at the bottom of the ballot reminding the voter to mark both sides
of the ballot.
[2001, c. 310, §64 (rpr).]
1. Ballot format.
[2001, c. 310, §64 (rp).]
2. Content of label.
[1995, c. 459, §101 (rp).]
3. Ballot labels for separate elections.
[1995, c. 459, §101 (rp).]
4. Referendum question.
[2001, c. 310, §64 (rp).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1995,
Ch. 459,
§99-101
(AMD).
PL 2001,
Ch. 84,
§1
(AMD).
PL 2001,
Ch. 310,
§64
(RPR).
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 - §849. Arrangement of voting place
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 2: Electronic Tabulating Systems (HEADING: PL 1995, c. 459, @92 (rpr))
§849. Arrangement of voting place
The municipal officers shall arrange each voting place in compliance with section 627.
[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 - §850. Secrecy preserved
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 2: Electronic Tabulating Systems (HEADING: PL 1995, c. 459, @92 (rpr))
§850. Secrecy preserved
The warden at each voting place shall not remain or allow any other person to remain where he can see how anyone votes, except
that a proper official may remain when his assistance has been requested by a voter.
[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 - §851. Preparation for elections
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 2: Electronic Tabulating Systems (HEADING: PL 1995, c. 459, @92 (rpr))
§851. Preparation for elections
The municipal clerk shall perform the following duties in preparing for an election.
[1985, c. 161, § 6 (new).]
1. Ballots and supplies. The municipal clerk shall have the electronic tabulating devices prepared for the election and shall deliver the tabulating
devices, voting booths, tamper-proof ballot boxes, ballots, secrecy ballot envelopes, marking devices and other records and
supplies as required to conform with the tabulating system in use and applicable laws.
[1995, c. 459, §102 (amd).]
2. Ballot cards.
[1995, c. 459, §103 (rp).]
3. Write-in ballots.
[1995, c. 459, §103 (rp).]
4. Voting booths.
[1995, c. 459, §103 (rp).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1995,
Ch. 459,
§102,103
(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 - §852. Procedure at the polling place
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 2: Electronic Tabulating Systems (HEADING: PL 1995, c. 459, @92 (rpr))
§852. Procedure at the polling place
The following governs the procedure for the conduct of elections in which an electronic tabulating system is used.
[1995, c. 459, §104 (amd).]
1. Preparation for voting. Before the polls are opened, the election officials shall arrive at the polling place and place the voting devices in position
for voting. The officials shall ensure that the devices are in proper working order and that the correct ballots were delivered.
They shall open and check the ballots, supplies, records and forms and post the sample ballots and instructions to voters.
[1997, c. 436, §118 (amd).]
2. Instruction of voters. If requested, election officials shall instruct a voter on how to operate the electronic tabulating system before the voter
enters the voting booth. If the voter needs additional instruction after entering the voting booth, election officials may,
if necessary, enter the booth and give the voter additional instructions in accordance with section 672.
[1995, c. 459, §104 (amd).]
3. Depositing ballots in electronic voting device. After the voter has marked the ballot, the voter may place the ballot inside the secrecy envelope provided to maintain the
voter's confidentiality and deposit the ballot in the electronic tabulating device. A voter may request the assistance of
an election official if the voter has difficulty placing the ballot into the electronic tabulating device.
[1995, c. 459, §104 (amd).]
4. Spoiled ballots. If a voter spoils a ballot, the procedures set forth in section 693 must be followed.
[1995, c. 459, §104 (amd).]
5. Closing of polls. As soon as the polls have closed and the last qualified voter has voted, the warden shall proceed to supervise the counting
of the ballots under the observation of the public. The warden shall run the official tally tape from each electronic tabulating
device and shall record the total votes from the tape on the tally sheet provided by the Secretary of State. The official
tally tape must be signed by the warden and one election clerk from each of the major parties and must be packed in a tamper-proof
ballot box with the other election materials pursuant to section 698, subsection 2-A. The warden shall run an additional
copy of the tally tape to provide to the clerk with the tally sheets and the return of votes cast and may run additional copies
of the tally tape to post for public review. All unused ballots must be packaged and sealed pursuant to section 698, subsection
2-B for return to the municipal clerk. The ballot box for the electronic voting device must be opened at the polling place.
The regular counted ballots are placed in the tamper-proof ballot boxes and all unread or red-lined ballots requiring hand
counting or ballots containing write-in votes that must be recorded on a write-in tally sheet are counted by the election
clerks. The election clerks count in teams of 2, consisting of one election clerk from each of the major parties. If it
appears that any ballot is damaged so that it can not be properly counted by the electronic tabulating device, the ballot
must be counted manually. Once all of the hand counting has been completed, the election clerks shall complete the tally
sheets. The tabulations must be signed by the warden and the 2 election clerks who counted the ballots. The election officials
shall complete and sign the other election forms as provided in this Title, and shall return the ballots and other materials
to the clerk packed pursuant to section 698, subsections 2-A and 2-B and the incoming voting list packed pursuant to section
698, subsection 3.
[2001, c. 516, §18 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1995,
Ch. 459,
§104
(AMD).
PL 1997,
Ch. 436,
§118
(AMD).
PL 2001,
Ch. 310,
§65
(AMD).
PL 2001,
Ch. 516,
§18
(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 - §853. Delivery of ballots or ballot cards to the counting center (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 2: Electronic Tabulating Systems (HEADING: PL 1995, c. 459, @92 (rpr))
§853. Delivery of ballots or ballot cards to the counting center (REPEALED)
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1995,
Ch. 459,
§105
(RP ).
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 - §854. Test of electronic tabulating equipment
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 2: Electronic Tabulating Systems (HEADING: PL 1995, c. 459, @92 (rpr))
§854. Test of electronic tabulating equipment
The clerk shall have the electronic tabulating equipment tested prior to the polls opening to ascertain that it accurately
counts the votes cast for all offices and on all measures. The test must be conducted by processing a preaudited group of
ballots marked to record a predetermined number of valid votes for each candidate and on each measure. The test must include
one or more ballots that have votes for each office in excess of the number allowed by law in order to test the ability of
the electronic tabulating equipment to reject those votes. In this test, valid votes must be assigned to each candidate for
an office and for and against each measure. If any error is detected, the cause for the error must be ascertained and corrected
and an errorless count must be made and certified by the clerk before the polls open on election day. The test ballots and
the tapes generated as a result of the tests must be packed and sealed in a container labeled "Test Ballots." The container
must remain sealed until at least 60 days after the election, unless needed for recount purposes. The tests provided for
in this section must be open to the public.
[1995, c. 459, §106 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1995,
Ch. 459,
§106
(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 - §855-A. Proceedings after the close of the polls (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 2: Electronic Tabulating Systems (HEADING: PL 1995, c. 459, @92 (rpr))
§855-A. Proceedings after the close of the polls (REPEALED)
Section History:
PL 1995,
Ch. 459,
§108
(NEW).
PL 2001,
Ch. 310,
§66
(RP ).
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 - §855. Proceedings at the counting center (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 2: Electronic Tabulating Systems (HEADING: PL 1995, c. 459, @92 (rpr))
§855. Proceedings at the counting center (REPEALED)
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1995,
Ch. 459,
§107
(RP ).
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 - §856. Official returns
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 2: Electronic Tabulating Systems (HEADING: PL 1995, c. 459, @92 (rpr))
§856. Official returns
Copies of the election results must be open to the public as soon as the count is completed. The warden shall prepare the
official return pursuant to section 711. The official return of each voting district is derived from the totals from the
official tally tape, the totals from the hand-tallies of all red-lined or unread ballots and the tally sheets used to record
all valid write-in votes. Once the clerk has made the attested copies of the precinct returns, if applicable, and the total
municipality return and filed these attested copies with the Secretary of State, the return becomes the official return for
that municipality.
[2001, c. 310, §67 (rpr).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1995,
Ch. 459,
§109
(AMD).
PL 2001,
Ch. 310,
§67
(RPR).
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 - §857. Manual counting authorized
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 2: Electronic Tabulating Systems (HEADING: PL 1995, c. 459, @92 (rpr))
§857. Manual counting authorized
If for any reason it becomes impracticable to count all or a part of the ballots with electronic tabulating equipment, the
clerk shall have them counted manually following the provisions governing the counting of paper ballots.
[1995, c. 459, §109 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1995,
Ch. 459,
§109
(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 - §858-A. Counting procedure for absentee ballots
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 2: Electronic Tabulating Systems (HEADING: PL 1995, c. 459, @92 (rpr))
§858-A. Counting procedure for absentee ballots
The procedure for processing absentee ballots for use with electronic voting systems is the same as for processing absentee
ballots as provided in section 759.
[1995, c. 459, §110 (new).]
1. Warden to review notes of clerk.
[1995, c. 459, §110 (rp).]
2. Accepted if correct.
[1995, c. 459, §110 (rp).]
3. Rejected if incorrect.
[1995, c. 459, §110 (rp).]
4. Primary election provisions.
[1995, c. 459, §110 (rp).]
5. Rejected ballots separate.
[1995, c. 459, §110 (rp).]
6. Ballots counted.
[1995, c. 459, §110 (rp).]
7. Processing before close of polls.
[1995, c. 459, §110 (rp).]
8. Inspection after polls close.
[1995, c. 459, §110 (rp).]
Section History:
PL 1993,
Ch. 447,
§20
(NEW).
PL 1995,
Ch. 459,
§110
(RPR).
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 - §858. Absentee votes (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 2: Electronic Tabulating Systems (HEADING: PL 1995, c. 459, @92 (rpr))
§858. Absentee votes (REPEALED)
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1993,
Ch. 447,
§19
(RP ).
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 - §859. Recounts (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 2: Electronic Tabulating Systems (HEADING: PL 1995, c. 459, @92 (rpr))
§859. Recounts (REPEALED)
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1995,
Ch. 459,
§111
(RP ).
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 - §860. Violation and penalty
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 2: Electronic Tabulating Systems (HEADING: PL 1995, c. 459, @92 (rpr))
§860. Violation and penalty
1. Tampering with voting device. Before, during or after an election, a person may not intentionally or knowingly:
A. Tamper with or injure a voting device, ballot or other record or equipment used in the election or interfere with the correct
operation of such a device or equipment or the secrecy of voting; or
[2003, c. 447, §35 (new).]
B. Attempt to interfere with the correct operation of a voting device or equipment or the secrecy of voting.
[2003, c. 447, §35 (new).]
[2003, c. 447, §35 (new).]
2. Penalty. A person who violates subsection 1 commits a Class B crime.
[2003, c. 447, §35 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1993,
Ch. 473,
§40
(AMD).
PL 1993,
Ch. 473,
§46
(AFF).
PL 1995,
Ch. 459,
§112
(AMD).
PL 2003,
Ch. 447,
§35
(RPR).
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 - §861. Application of provisions to voting by electronic voting system
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 2: Electronic Tabulating Systems (HEADING: PL 1995, c. 459, @92 (rpr))
§861. Application of provisions to voting by electronic voting system
The provisions of this Title which are not inconsistent with this Article apply to all elections where an electronic voting
system is used.
[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 - §862. Punch card voting systems (REPEALED)
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 6: VOTING DEVICES (HEADING: PL 1991, c. 347, @5 (new))
Article 2: Electronic Tabulating Systems (HEADING: PL 1995, c. 459, @92 (rpr))
§862. Punch card voting systems (REPEALED)
Section History:
PL 1995,
Ch. 459,
§113
(NEW).
PL 1999,
Ch. 645,
§14
(RP ).
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
