LD 802
pg. 1
LD 802 Title Page An Act To Clarify Maine Election Laws Page 2 of 2
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LR 133
Item 1

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

 
Sec. 1. 21-A MRSA §737-B is enacted to read:

 
§737-B.__Disputing ballots

 
1.__Permitted disputes.__A candidate whose race is subject
to a recount in accordance with this section may dispute a
ballot only if:

 
A.__The disputed marking on the ballot relates to the race
being recounted; or

 
B.__The validity of the entire ballot is being questioned.

 
2.__Dispute prohibited.__If there is a clear marking on the
ballot relating to the race being recounted, a disputed
marking relating to other races on the same ballot may not be
disputed.

 
3.__Validity of dispute.__The Attorney General or the
Attorney General's designee shall determine whether a dispute
of a ballot is valid as provided in subsections 1 and 2.__If
the Attorney General or the Attorney General's designee
determines that a dispute is not valid, then the ballot must
be counted.

 
Sec. 2. 21-A MRSA §§740 and 740-A are enacted to read:

 
§740.__Disputed ballots to be public

 
1.__Secretary of State to release disputed ballots.__The
Secretary of State shall release notarized copies of disputed
ballots to the public if:

 
A.__Both candidates in the race being recounted agree to
release them to the public;

 
B.__For an election to the Senate or the House of
Representatives, the Senate or House committee charged
with examining the disputed ballots requests their
release; or

 
C.__A candidate in the race being recounted disagrees with
a ruling made by the Attorney General on the validity of a
ballot as provided by section 737-B, subsection 3.

 
2.__Voter identity protected.__Upon releasing a disputed
ballot to the public, the Secretary of State may not identify
the voter who cast the ballot.

 
§740-A.__Abuse of recount process; penalty


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