‘Resolve, To Improve the Absentee Voting System on November 3, 2008’
| SP0914 LD 2293 |
First Special Session - 123rd Maine Legislature C "A", Filing Number S-616
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LR 3561 Item 2 |
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| Bill Tracking | Chamber Status | ||
Amend the resolve by striking out the title and substituting the following:
‘Resolve, To Improve the Absentee Voting System on November 3, 2008’
Amend the resolve by striking out all of section 1 and inserting the following:
‘Sec. 1. Municipal clerks authorized to prohibit in-person absentee voting on the day prior to election day. Resolved: That, notwithstanding the Maine Revised Statutes, Title 21-A, section 753-B, subsection 8, a municipal clerk may prohibit voting by absentee ballot in the presence of the municipal clerk on November 3, 2008, as long as the municipal clerk gives notice of the municipality’s intent to do so using the notice of election under Title 21-A, section 621-A. At least 30 days before election day, the municipal clerk shall provide a copy of the notice of election to the Secretary of State and to the chairs of each political party of the municipality, indicating the municipality’s intent to prohibit in-person absentee voting on November 3, 2008. The notice to the political parties is considered sufficient as long as it is mailed to the last known address of each municipal chair. The notice to the Secretary of State may be delivered by mail or by facsimile, but if the notice is not received by the Secretary of State by the 30th day before election day, the municipality must allow voting by absentee ballot in the presence of the municipal clerk on November 3, 2008. All other methods of absentee voting authorized by statute must continue to be available to voters on November 3, 2008; and be it further
Sec. 2. Municipal clerks shall notify of early processing of absentee ballots at least 30 days prior to election day. Resolved: That, notwithstanding the Maine Revised Statutes, Title 21-A, section 760-B, subsection 2, a municipal clerk must give notice of the municipality's intent to process absentee ballots prior to election day using the notice of election under Title 21-A, section 621-A, stating each specific time that the municipal clerk intends to begin processing absentee ballots and the inspection period provided in Title 21-A, section 760-B, subsection 3. At least 30 days before election day, the municipal clerk shall notify the Secretary of State and the chairs of each political party of the municipality, in writing, that this procedure is to occur. The notice to the political parties must be considered sufficient as long as it is mailed to the last known address of each municipal chair. The notice to the Secretary of State may be delivered by mail or facsimile, but if the notice is not received by the Secretary of State by the 30th day before election day the municipality may not process absentee ballots prior to election day. A copy of the notice of election is considered notice in writing under this section.’
summary
This amendment replaces the resolve, which would prohibit a voter from voting in the presence of a municipal clerk by absentee ballot on the day before election day. This amendment proactively addresses problems that may arise due to the anticipated high voter participation at the next general election and the increased use of the option to vote in person by absentee ballot in the office of the municipal clerk. It authorizes a municipal clerk to prohibit voting by absentee ballot in the presence of the clerk on November 3, 2008 as long as a municipal clerk gives notice to the political parties and to the Secretary of State at least 30 days before election day. Even when a municipality prohibits absentee voting in the presence of a municipal clerk, a voter may still request an absentee ballot from the clerk on November 3, 2008 and vote outside of the clerk’s office. It also changes the title of the resolve.