Resolve, Requiring the Secretary of State To Develop Voting Systems Standards
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, federal law requires that the State implement certain voting systems standards no later then January 1, 2006; and
Whereas, in order to adopt those standards, it is vital that a stakeholders group begin its work immediately so that a legislative proposal may be crafted and acted upon before the adjournment of the First Regular Session of the 122nd Legislature; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it
Sec. 1. Voting systems standards. Resolved: That, pursuant to the federal Help America Vote Act of 2002, Public Law 107-252, Section 301, the State shall adopt and implement by January 1, 2006 voting systems standards that apply uniformly and in a nondiscriminatory manner and that define what constitutes a vote and what must be counted as a vote for each category of voting system used in the State; and be it further
Sec. 2. Secretary of State to convene stakeholders group. Resolved: That the Secretary of State shall convene a group of stakeholders to review the relevant case law and the law in other states regarding the standards required under section 1 and to develop proposed legislation to accomplish the implementation of the standards; and be it further
Sec. 3. Membership. Resolved: That the stakeholders group consists of 6 members of the public with experience with elections and election recounts, 3 members appointed by the President of the Senate and 3 members appointed by the Speaker of the House. All appointments must be made no later than 10 days after the effective date of this resolve; and be it further
Sec. 4. Submission to joint standing committee. Resolved: That the Secretary of State shall submit a report of the stakeholders' review, including proposed legislation, to the Joint Standing Committee on Legal and Veterans Affairs by June 1, 2005 and the committee may submit a bill based on the report to the First Special Session of the 122nd Legislature.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective May 13, 2005.
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