HP0629
LD 832
First Regular Session - 125th Maine Legislature
C "A", Filing Number H-403, Sponsored by
LR 1644
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:

Sec. 1. 30-A MRSA §2528, sub-§7,  enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:

7. Specimen ballot posted.   At least 4 2 business days before the election, the clerk shall have posted in one or more conspicuous, public places a specimen ballot or a list, substantially in the form of a ballot, containing the name and office designation of each candidate. The specimen ballot must include the name and party enrollment of all candidates considered declared write-in candidates in accordance with subsection 11. The specimen ballot must be posted at the voting place specified in accordance with subsection 3 on election day.

Sec. 2. 30-A MRSA §2528, sub-§11  is enacted to read:

11 Declared write-in candidate.   To be considered a declared write-in candidate under this section, a person must file a declaration of write-in candidacy with the municipal clerk, on a form approved by the municipal clerk, on or before 5 p.m. on the 2nd day before the election. The candidate must meet all the other qualifications for the office in question. If a voter writes in the name of a person who has not filed a declaration of write-in candidacy in accordance with this subsection, the vote for that office may not be counted. This subsection applies only to municipalities with a population of 1,000 or greater.

Sec. 3. 30-A MRSA §2554, sub-§2,  as amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. A, §21 and Pt. C, §§8 and 10, is further amended to read:

2. Write-in votes; declared write-in candidate.   In any city election, a voter may write in the name and municipality of residence of any person for whom the voter desires to vote in the blank space provided at the end of the list of candidates for office. A sticker may not be used to vote for a write-in candidate in any city election other than a primary election. To be considered a declared write-in candidate under this subsection, a person must file a declaration of write-in candidacy with the clerk, on a form approved by the clerk, on or before 5 p.m. on the 2nd day before the election. The candidate must meet all the other qualifications for the office in question. If a voter writes in the name of a person who has not filed a declaration of write-in candidacy in accordance with this subsection, the vote for that office may not be counted.

Sec. 4. 30-A MRSA §2554, sub-§3,  enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:

3. Specimen ballots and instruction posters.   At least 4 2 business days before election day, the clerk shall post a specimen ballot in one or more conspicuous, public places in each ward and at the voting place on election day. The specimen ballot must include the name and party enrollment of all candidates considered declared write-in candidates in accordance with subsection 2. Before the election, the clerk shall publish a composite specimen ballot containing the names of all the nominees in a newspaper having general circulation in the city. On election day, when the polls are opened, the clerk shall post an instruction poster in each voting booth, and 3 instruction posters and 5 specimen ballots in the voting room outside the guardrail enclosure.’

summary

This amendment replaces the bill. It provides that, in order to be counted as a write-in candidate in a municipal or city election, a person must file a declaration of write-in candidacy no later than 2 days before an election. This requirement does not apply in towns with a population of less than 1,000. This amendment adds a requirement that the names of candidates who are considered declared write-in candidates in accordance with the bill be listed on specimen ballots posted before and on election day.


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