LD 500
pg. 1
LD 500 Title Page An Act to Establish an Administrative Procedure to Hear Polling Place Violation... Page 2 of 2
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LR 620
Item 1

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

 
Sec. 1. 21-A MRSA §675 is enacted to read:

 
§675.__Polling place complaints

 
A voter of any municipality may file a complaint with the
Commission on Governmental Ethics and Election Practices,
referred to in this section as the "commission," alleging
violation of a polling place procedure at any election in that
municipality.

 
1.__Public hearing.__The commission shall grant a public
hearing within 90 days after the date the complaint was filed for
each complaint filed by a voter.__Any person involved in the
complaint may testify at that hearing.

 
2.__Notice of hearing.__The commission shall provide notice to
the city clerk, the election warden and the election warden clerk
of the municipality where the alleged polling place violation
took place.

 
3. Written finding of fact.__The commission shall submit a
written finding of fact to all parties involved in the complaint
and to the Secretary of State within 20 days of the date of the
public hearing.

 
4.__Notice of violation to law enforcement.__If the commission
finds evidence of a crime as described in this chapter,
notification must be made to the responsible law enforcement
body, and any documentation and evidence of the violation must be
made available to that law enforcement body.

 
5.__Authority to prohibit conduct; appoint an ombudsman.__If__
the commission determines violations occurred at a polling place,
the commission is authorized to prohibit actions by election
officials at future elections.__If the violation continues, the
commission may appoint an ombudsman to oversee future elections
at the expense of the municipality.

 
6.__Appeal.__Any aggrieved party may appeal a decision of the
commission by commencing an action in the Superior Court within 5
days of the decision and be tried without a jury within 10 days
of the date of that decision.__The court shall issue its written
decision containing its findings of fact and conclusions of law
and setting forth the reasons for its decision within 20 days of
the date of the decision of the commission.


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