Whereas, current law does not establish a clear set of criteria for determining whether a ballot cast in an election is properly disputable; and

Whereas, the law is unclear as to the public status of ballots cast at an election; and

Whereas, this ambiguity deprives the public of the ability to inspect ballots that are disputed; and

Whereas, establishing the public status of disputed ballots would compel accountability during the recount process, since the reason for the dispute could be seen by members of the public; and

Whereas, making the election process more accountable is an imperative requirement; 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 enacted by the People of the State of Maine as follows:

Sec. 1. 21-A MRSA §739, as amended by PL 1993, c. 473, §33 and affected by §46, is further amended to read:

§739. Ballots and incoming voting lists available for inspection

On request, a municipal clerk or the Secretary of State, or both, shall produce any ballots or incoming voting lists in their custody before the Governor, either branch of the Legislature, any legislative committee or a court of competent jurisdiction. If there are disputed ballots arising from a recount conducted pursuant to section 737-A, the Secretary of State shall make those ballots available for inspection by the public after ensuring that the ballots can not be tampered with.

After the time for completion of recounts following any election has elapsed, and on request of any person, the clerk of any municipality or the Secretary of State, or both, shall produce any incoming voting lists in his the clerk's or Secretary of State's custody.