CHAPTER 120
S.P. 127 - L.D. 406
An Act to Amend the Election Laws Pertaining to Absentee Ballots
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 21-A MRSA §753, sub-§3, as amended by PL 1995, c. 459, §73, is further amended to read:
3. Application or request received. On receipt of a completed application or a request for an absentee ballot signed by the applicant, the clerk may immediately send or deliver an absentee ballot and return envelope to the applicant or to a 3rd person designated in the application or request. 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 a 3rd person any absentee ballot requested under subsection 2-A. 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. The clerk shall issue to any 3rd person designated in an application or request only enough absentee ballots to ensure that that person does not have more than 2 5 absentee ballots for voters in a municipality at any time. A 3rd person must, unless good cause is shown, return an absentee ballot to the clerk's office within the time limits provided in section 755. The clerk shall include a ballot application to be completed by the person who signed only a written request, unless the written request is sufficient under subsection 2. The clerk shall type or write in ink the name and the legal address of the person for whom the absentee ballot is intended in the upper left hand section of all return envelopes.
A. If the clerk receives a duplicate application from a person from whom the clerk has received a return envelope apparently containing an absentee ballot, the clerk may not furnish another absentee ballot for that person.
B. The clerk may issue a 2nd absentee ballot to an applicant if the applicant requests one in person or in writing and:
(1) The applicant states good cause, including, but not limited to, loss of, spoiling of or damage to the first absentee ballot; or
(2) An absentee ballot for the applicant that was furnished to a designated 3rd person is not returned to the clerk's office within 2 business days of the date that ballot was sent or delivered to the 3rd person or the date that 3rd person was notified by the clerk that the ballot was available, or by 10 a.m. on the day before election day, whichever is earlier. If a ballot for an applicant is not returned to the clerk within 2 days of notification, the clerk shall mail a ballot to that applicant on the 3rd day after notification and may issue no other ballot to the applicant except for good cause as provided in this subsection. This subparagraph does not affect the time for delivery of absentee ballots under section 755.
See title page for effective date.
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