An Act To Amend the Laws Governing Elections
Sec. 1. 21-A MRSA §22, sub-§2, as enacted by PL 1997, c. 248, §1, is amended to read:
Sec. 2. 21-A MRSA §23, sub-§5, as amended by PL 2005, c. 453, §7, is further amended to read:
Sec. 3. 21-A MRSA §23, sub-§7, as amended by PL 2011, c. 534, §1, is further amended to read:
Sec. 4. 21-A MRSA §103, first ¶, as amended by PL 2005, c. 453, §9, is further amended to read:
In a city or town that has a population of 5,000 or more, if a person is aggrieved by the decision of the registrar of voters to cancel that person's registration in the central voter registration system or to reject that person's voter registration application, that person may appeal in writing to the registration appeals board. The appeal must be filed within 30 days after receipt of notice of the registrar's decision.
Sec. 5. 21-A MRSA §142, sub-§1, as amended by PL 2005, c. 453, §23, is repealed.
Sec. 6. 21-A MRSA §142, sub-§1-A is enacted to read:
Sec. 7. 21-A MRSA §143, as amended by PL 2005, c. 453, §25, is repealed.
Sec. 8. 21-A MRSA §143-A is enacted to read:
§ 143-A. Enrollment on election day
A voter who is not enrolled in a party may enroll at any election by personally filing the application required by section 142 with the registrar, if the registrar is located at the voting place on election day, or with the election clerk in charge of the incoming voting list, if the registrar is not located at the voting place on election day. The election clerk shall annotate the incoming voting list with the designation of the party selected by the voter and provide the voter with the correct ballots for the new party, if applicable.
Sec. 9. 21-A MRSA §163, first ¶, as amended by PL 2009, c. 253, §15, is further amended to read:
In a municipality that does not have a registration appeals board, if a person is aggrieved by the decision of the registrar of voters to cancel that person's registration in the central voter registration system or to reject that person's registration application, the person may appeal in writing to the municipal officers by filing a complaint. The appeal must be filed within 30 days after receipt of notice of the registrar's decision. The municipal officers shall immediately fix a time and place for a prompt hearing. The voter must be given written notice of the hearing at least 20 days in advance and must have the opportunity to testify and to present witnesses and other evidence at the hearing. The hearing is de novo. After hearing, the municipal officers may affirm, modify or reverse the decision of the registrar of voters. The municipal officers shall issue the decision to the voter in writing and shall provide information on how the voter may appeal the decision. The aggrieved person may appeal the decision of the municipal officers to the Superior Court in accordance with Rule 80B of the Rules of Civil Procedure.
Sec. 10. 21-A MRSA §335, sub-§1, ¶A, as enacted by PL 1985, c. 161, §6, is amended to read:
Sec. 11. 21-A MRSA §354, sub-§1, ¶A, as enacted by PL 1985, c. 161, §6, is amended to read:
Sec. 12. 21-A MRSA §355, sub-§3, as amended by PL 1999, c. 645, §2, is further amended to read:
Sec. 13. 21-A MRSA §365, sub-§2, as enacted by PL 1985, c. 161, §6, is amended to read:
Sec. 14. 21-A MRSA §601, sub-§2, ¶C, as amended by PL 2001, c. 310, §29, is further amended to read:
Sec. 15. 21-A MRSA §601, sub-§2, ¶H, as amended by PL 2007, c. 455, §18, is further amended to read:
Sec. 16. 21-A MRSA §607, sub-§§1 and 2, as enacted by PL 1985, c. 161, §6, are amended to read:
Sec. 17. 21-A MRSA §609, as enacted by PL 2011, c. 342, §17, is amended to read:
§ 609. Ballot security materials
The Secretary of State shall furnish each municipality with tamper-proof ballot security containers and locks that are equipped with a suitable method of securing the ballots against tampering, which must be used for securing used ballots and other election materials for statewide elections conducted under this Title. If a state-supplied container or lock security mechanism becomes defective, lost or destroyed, the clerk must apply in writing to the Secretary of State for a replacement. The Secretary of State shall supply or approve a replacement at the expense of the municipality. If a municipality wishes to use a tamper-proof ballot security container to seal municipal election ballots and materials, that municipality must obtain the container and lock security mechanism at its own expense. For each election, the Secretary of State also must furnish uniquely numbered seals to be used to secure the containers.
Sec. 18. 21-A MRSA §651, sub-§2-B, as amended by PL 2003, c. 584, §8, is further amended to read:
Sec. 19. 21-A MRSA §661, sub-§3, as amended by PL 2005, c. 453, §54, is further amended to read:
Sec. 20. 21-A MRSA §671, sub-§1, as amended by PL 2005, c. 453, §55, is further amended to read:
Sec. 21. 21-A MRSA §682, sub-§2, ¶¶A and B, as amended by PL 2005, c. 568, §14, are further amended to read:
Sec. 22. 21-A MRSA §682, sub-§3, as amended by PL 2015, c. 447, §22, is further amended to read:
Sec. 23. 21-A MRSA §698, sub-§2-A, ¶A, as repealed and replaced by PL 2011, c. 342, §26, is amended to read:
Sec. 24. 21-A MRSA §698, sub-§2-A, ¶B, as enacted by PL 2011, c. 342, §26, is amended to read:
Sec. 25. 21-A MRSA §712, as amended by PL 2015, c. 447, §24, is further amended to read:
§ 712. Return not delivered
If an election return is not delivered to the Secretary of State by 5 p.m. on the 3rd 2nd business day after an election, the Secretary of State may send a courier to the municipality concerned, and the clerk shall give that courier a certified copy of the return. The municipality shall reimburse the Secretary of State for the costs of the courier service.
Sec. 26. 21-A MRSA §722, as amended by PL 2017, c. 316, §5, is further amended to read:
§ 722. Secretary of State to tabulate and print results
Within 20 days after an election, the Secretary of State shall tabulate the election returns and submit a certified copy of the tabulation to the Governor. The tabulation of a candidate or referendum election is considered final as of the date the certified copy is submitted to the Governor, except for any contests in which a recount is pending.
Sec. 27. 21-A MRSA §724, as amended by PL 2009, c. 253, §40, is repealed and the following enacted in its place:
§ 724. Election certificate issued
Within a reasonable time after an election, the Secretary of State shall prepare and the Governor shall sign an election certificate, in accordance with Title 5, section 84, for each person elected to office according to the tabulation submitted under section 722. If the result of an election is being appealed to the Supreme Judicial Court, or referred to the appropriate legislative body, after a recount pursuant to section 737-A, subsection 10, the certificate must be issued to the apparent winner of the election based on the final recount tabulation.
Sec. 28. 21-A MRSA §737-A, first ¶, as amended by PL 2017, c. 141, §3, is further amended to read:
Once a recount is requested for an election for the office of State Senator or State Representative or for a county office that does not encompass more than one county, the Secretary of State shall notify the State Police contracted courier service, who which shall take physical control of all ballots and related materials involved in the recount as soon as possible and deliver them to the recount facility. When a recount is requested for a statewide office, congressional office or statewide referendum or for a county office that encompasses more than one county, the Secretary of State may direct the State Police courier to retrieve ballots from certain voting jurisdictions and deliver them to the recount facility so that the recount may be conducted in stages until the requesting candidate or the lead applicant for a referendum recount concedes or until all the ballots are recounted. If a qualified courier service is not available to provide these services, the State Police shall collect and deliver the ballots as described in this section at the request of the Secretary of State.
Sec. 29. 21-A MRSA §737-A, 2nd ¶, as enacted by PL 1993, c. 473, §31 and affected by §46, is amended to read:
The State Police Secretary of State shall store and maintain exclusive control over the ballots and other materials pending and during the recount except when the counting is being conducted by the Secretary of State and until the courier, or the State Police if requested, retrieves the materials for return to the municipalities.
Sec. 30. 21-A MRSA §737-A, sub-§1, as amended by PL 2017, c. 141, §4, is further amended to read:
Sec. 31. 21-A MRSA §737-A, sub-§1-A, ¶B, as enacted by PL 2017, c. 141, §5, is amended to read:
Sec. 32. 21-A MRSA §737-A, sub-§8, as amended by PL 2009, c. 253, §44, is further amended to read:
Sec. 33. 21-A MRSA §737-A, sub-§10, as enacted by PL 1993, c. 473, §31 and affected by §46, is amended to read:
For all elections If there are enough challenged or disputed ballots to affect the result of an election to the Senate and the House of Representatives, each House shall establish procedures for recount appeals. office of United States Senator, United States Representative, State Senator or State Representative, the Secretary of State shall notify the appropriate officials according to the rules and procedures adopted by each of those legislative bodies.
Sec. 34. 21-A MRSA §738, sub-§2, ¶B, as enacted by PL 2017, c. 141, §8, is amended to read:
Sec. 35. 21-A MRSA §753-B, sub-§5, as amended by PL 2017, c. 248, §7 and c. 433, §1, is repealed and the following enacted in its place:
Sec. 36. 21-A MRSA §754-A, sub-§1, ¶D, as amended by PL 1999, c. 645, §7, is further amended to read:
Sec. 37. 21-A MRSA §760-B, first ¶, as amended by PL 2015, c. 406, §1, is further amended to read:
Any municipality or jurisdiction that conducts its own elections may opt to process absentee ballots beginning on the 3rd 4th day immediately prior to election day , except that processing on a Sunday is not permitted. The clerk shall use the following procedure when processing the absentee ballots during this time.
Sec. 38. 21-A MRSA §760-B, sub-§§2 and 3, as amended by PL 2015, c. 406, §1, are further amended to read:
Sec. 39. 21-A MRSA §1204-B, sub-§80, ¶A, as enacted by PL 2013, c. 270, Pt. B, §2 and affected by §3, is amended to read:
Sec. 40. 30-A MRSA §62, sub-§2, as 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 repealed.
Sec. 41. 30-A MRSA §5772, sub-§2-A, as enacted by PL 1991, c. 548, Pt. D, §7 and affected by §10, is amended to read: