SP0407, LD 1138, item 1, An Act Regarding Municipal Reporting of Statewide Elections

An Act Regarding Municipal Reporting of Statewide Elections

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

Sec. 1. 21-A MRSA §721-A is enacted to read:

§ 721-A. Enforcement of reports of registration and enrollment

1. Municipality to identify clerk who fails to report. If a clerk has not updated the central voter registration system by entering voter participation history for a statewide election pursuant to section 721 within 25 business days after the election, the municipality shall publish in a newspaper having general circulation within the municipality notice of the failure of the clerk to update the system and shall identify the clerk. By January 1st for the immediately previous general election and by August 1st for the immediately previous primary election, if a clerk has updated the central voter registration system by entering voter participation history for that election more than 25 business days after the election or a clerk has not updated the system, the municipality shall indicate that action or lack of action in the municipality's next town report.

2. Secretary of State to warn clerk who fails to report. If a clerk fails to update the central voter registration system by entering voter participation history for a statewide election pursuant to section 721 within 25 business days after the election:

A. Before November 9, 2016, the Secretary of State shall provide a warning to the clerk for the clerk's failure to update the central voter registration system; and

B. After November 8, 2016, the Secretary of State shall provide a warning to the clerk for the clerk's failure to update the central voter registration system and, if the clerk has not updated the central voter registration system by entering voter participation history for a statewide election by January 1st for the immediately previous general election and by August 1st for the immediately previous primary election, the clerk commits a civil violation pursuant to subsection 3.

3. Penalty. A clerk to whom the Secretary of State has provided a warning pursuant to subsection 2, paragraph B who subsequently fails to update the central voter registration system by entering voter participation history by January 1st for the immediately previous general election and by August 1st for the immediately previous primary election commits a civil violation for which a fine may be adjudged of not more than $50 for each day that the clerk fails to update the system after January 1st for the immediately previous general election or August 1st for the immediately previous primary election.

4. Municipality is not liable. A municipality is not liable for the failure of the municipality's clerk to update the central voter registration system by entering voter participation history for a statewide election pursuant to section 721.

summary

This bill provides for a municipal clerk who fails to update the central voter registration system by entering voter participation history to be warned by the Secretary of State and for the clerk’s municipality to publish in a newspaper and its town report notice of that failure. It also, beginning November 8, 2016, makes it a civil violation for a municipal clerk to fail to update the central voter registration system by entering voter participation history for a statewide election by January 1st for the immediately previous general election and by August 1st for the immediately previous primary election. The bill imposes a fine of not more than $50 for each day after January 1st or August 1st that the clerk fails to update the system. It also stipulates that a municipality is not liable for a clerk’s failure to update the system.

SP0407 LD 1138	Session - 127th Maine Legislature		LR 1816 Item 1
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