| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 21-A MRSA §675 is enacted to read: |
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| | | §675.__Polling place complaints |
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| | | 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. |
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| | | 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. |
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| | | 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. |
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| | | 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. |
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| | | 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. |
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| | | 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. |
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| | | 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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