SP0241, LD 797, item 1, An Act To Reform the Election Laws

An Act To Reform the Election Laws

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 21-A MRSA §121, sub-§1-A, as amended by PL 2005, c. 453, §12, is further amended to read:

1-A. Identification and proof. Registration applications taken by outside agencies must be transferred to the Secretary of State within 5 days of receipt. An applicant who attempts to register within 30 days of an election must be advised that the registrar might not receive the application before that election, but that the applicant may register in person before or on on or before 7 days prior to election day.

Registration applications received by the Secretary of State from outside agencies 30 days or more before an election must be transferred to the appropriate registrar's office within 7 business days of receipt. Registration applications received by the Secretary of State from outside agencies less than 30 days before an election must be transferred to the appropriate registrar's office within 5 business days of receipt. Registration applications by mail or by a 3rd person must be received in the registrar's office by the close of business on the 21st day before election day in order for persons' names to appear on the incoming voting list for that election. The 20-day period before the election is the closed period for outside registrations. The registrar shall send the notice required by section 122 to all voters whose applications were received by mail or a 3rd person by the 21st day before election day no later than the 18th day before election day.

A person who registers during the period of 20 days before election day or on election day shall to 7 days before election day must register in person and show proof of identity , citizenship and residency. If satisfactory proof of identity , citizenship and residency can not be provided to the registrar or deputy, the person's name is entered into the central voter registration system and placed on the incoming voting list and the person casts a challenged ballot.

Sec. 2. 21-A MRSA §122, sub-§4, as amended by PL 2005, c. 453, §16, is repealed.

Sec. 3. 21-A MRSA §122, sub-§5, as amended by PL 2007, c. 515, §3, is further amended to read:

5. Alternative registration schedule for absentee voters. If the clerk receives a properly completed absentee ballot application that is signed by a person who is not a registered voter in the municipality, a presumption of the person's qualification as a voter is established. The clerk shall send an absentee ballot to the voter at the address indicated, along with a voter registration application under section 152. The completed registration application must be returned to the clerk by the close of the polls on or before 7 days prior to election day in order for the ballot to be counted and may not be sealed with the voted absentee ballot. If the application is received during the closed period and the registrar is not satisfied as to the person's qualification as a voter, the registrar shall follow the requirements of section 121, subsection 1-A to place the person's name on the incoming voting list and challenge the absentee ballot. An application by telephone under section 753-A, subsection 4 or an application by e-mail under section 753-A, subsection 6 does not establish a presumption of qualification under this section and the requestor must submit a properly completed voter registration application before the clerk may issue an absentee ballot.

Sec. 4. 21-A MRSA §122, sub-§6, as amended by PL 2005, c. 453, §18, is further amended to read:

6. Schedule for acceptance of registrations. Except as provided in paragraph A, the registrar shall accept registrations on any business day or other day that the clerk's office is open. The names and other information from the voter registration applications of any persons registering on or before 7 days before election day must be entered into the central voter registration system and must be placed on the incoming voting list.

A. The registrar may accept only the registrations of applicants who appear in person as follows:

(1) In a municipality with a population of 2,500 or fewer, on the last business day that the clerk's office is open or before 7 days prior to election day during the hours that the clerk's office is open;

(2) In a municipality with a population of more than 2,500, on the last 5 or before the 12 business days that the clerk's office is open before election day during the hours that the clerk's office is open and for 2 hours in the evening between 5 p.m. and 9 p.m. on at least one of these days; and

(3) The names of voters registering during these periods must be recorded as provided under subsection 7.

Sec. 5. 21-A MRSA §122, sub-§9, as amended by PL 2003, c. 395, §1, is further amended to read:

9. Regulation of registration monitors. Anyone who wishes to monitor the names and addresses of persons who are registering at the registrar's office or the clerk's office shall inform the registrar or clerk of that intent. Anyone who wishes to monitor the names and addresses of persons who are registering at the polling place shall inform the registrar or clerk of that intent by submitting a written, signed statement containing the proposed monitor's name, address and intent. The registrar or clerk may designate a place where a person monitoring registrations may stand. The registrar or clerk shall then announce the name and address of individuals registering to vote in a loud and clear voice. A person monitoring registrations shall direct any questions the person has to the registrar or clerk. These questions must be limited to information pertinent to the qualifications of an individual to register. A person monitoring registrations may not ask questions of individuals waiting to register concerning their eligibility to vote. A polling place registration monitor may not handle or inspect registration cards, files or other materials used by the registrar or clerk except as provided in section 22. A monitor may not inhibit the work of the registrar or clerk. If the work of a registrar or clerk appears to be inhibited, the warden registrar or clerk may request a reduction in the number of monitors present in the polling place. A registrar or clerk may require a person monitoring registrations who violates the provisions of this subsection to leave the building.

Sec. 6. 21-A MRSA §156, sub-§1, as amended by PL 2005, c. 568, §7, is further amended to read:

1. Registration and enrollment. A township resident who lives in a township for which the county commissioners have not established a voting place as provided in section 632 may register and enroll in any municipality within the applicant's representative district or, if the applicant lives in a portion of a township not easily accessible to a municipality within the representative district, the township resident may register and enroll in a more convenient municipality within or outside the county. The township resident may register and enroll on or before 7 days prior to election day. The registrar shall designate the applicant as a township voter with the letter "T" in the central voter registration system and on the incoming voting list.

Sec. 7. 21-A MRSA §671, sub-§1, as amended by PL 2005, c. 453, §55, is further amended to read:

1. Name announced. A voter who wishes to vote must provide proof of identity with documentation approved by the Secretary of State by rule, and state the voter's name and, upon request, residence address to an election clerk , who shall announce the name in a loud, clear voice.

Sec. 8. 21-A MRSA §673, sub-§1, ¶A, as amended by PL 2007, c. 455, §32, is further amended to read:

A. A voter or an election official 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

(4) Registered to vote during the closed period or on or before 7 days prior to election day and did not provide satisfactory proof of identity , citizenship and residency to the registrar pursuant to section 121, subsection 1-A, except that only an election official may challenge for this reason;

(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.

Sec. 9. 21-A MRSA §721, first ¶, as amended by PL 2005, c. 453, §57, is further amended to read:

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.

Sec. 10. 21-A MRSA §753-B, sub-§4, ¶A, as enacted by PL 1999, c. 645, §6, is amended to read:

A. The applicant states good cause, including, but not limited to, loss of, spoiling of or damage to the first absentee ballot . Good cause does not include an applicant's decision to change the applicant's vote after the applicant has returned the ballot to the clerk; or

Sec. 11. 21-A MRSA §753-B, sub-§9 is enacted to read:

9. Ballot returned to clerk. The clerk may not issue a 2nd state absentee ballot to an applicant after the applicant has returned a ballot to the clerk, except as provided in subsection 4.

Sec. 12. Rules. The Secretary of State shall adopt rules pursuant to this Act establishing proof of citizenship and photograph identification standards for a voter providing proof of identity to an election clerk or the registrar of voters. Rules adopted pursuant to this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.

summary

Current law authorizes citizens of the State to register to vote on election day. This bill repeals that provision and instead requires that citizens of the State register to vote no later than 7 days preceding the election in order to vote in that election. The bill also requires that a person provide proof of citizenship to register to vote.

This bill also requires that a voter provide proof of identity with documentation approved by the Secretary of State by rule.

This bill also prohibits a municipal clerk from issuing a 2nd state absentee ballot to an applicant after a ballot has been returned by the applicant to the clerk, except for good cause, and stipulates that an applicant's decision to change a vote does not constitute good cause.

SP0241 LD 797	First Regular Session - 125th Maine Legislature		LR 1703 Item 1
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