H.P. 74 - L.D. 87
Mandate preamble. This measure requires one or more local units of government to expand or modify activities so as to necessitate additional expenditures from local revenues but does not provide funding for at least 90% of those expenditures. Pursuant to the Constitution of Maine, Article IX, Section 21, two thirds of all of the members elected to each House have determined it necessary to enact this measure.
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 21-A MRSA §630, as amended by PL 1997, c. 436, §91, is further amended to read:
§630. Accessible voting places for the physically handicapped
1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings:
A. "Accessible voting place" means a voting place in a building in which the part of the building set aside for voting meets the requirements for accessible routes of the 1981 standards of construction described in Title 25, chapter 331.
B. "Physical handicap" means an impairment which confines an individual to a wheelchair; causes an individual to walk with difficulty; affects the sight or hearing to the extent that an individual functioning in public areas is insecure or exposed to danger; or causes faulty coordination or reduces mobility, flexibility, coordination and perceptiveness to the extent that special facilities are needed to provide for the safety of that individual.
2. Voting places. Each municipality must provide at least one voting place that is in a building, which is By April 1, 2000, all publicly owned buildings that are used as voting places must be accessible as defined in subsection 1. By July 1, 2001, each municipality shall ensure that all privately owned facilities used by the municipality as voting places are accessible as defined in subsection 1.
B. In municipalities in which one or more voting places are inaccessible to handicapped voters and in which the office of the clerk is in a building that is accessible as defined in subsection 1, paragraph A, the municipal officers shall designate the office of the clerk as an alternative voting place for physically handicapped voters who reside in voting districts that do not have accessible voting places. In municipalities in which one or more voting places and the office of the clerk are inaccessible to physically handicapped voters and in which one or more voting places are accessible to these voters, the municipal officers shall designate one of these accessible voting places, as centrally located as possible, as the alternative voting place for physically handicapped voters who reside in voting districts that do not have accessible voting places. A physically handicapped voter who wishes to vote at an alternative voting place must notify the clerk of the municipality at least 48 hours before the date of any election. This notice may be waived if an emergency exists. The clerk shall keep a list of the persons who give this notice.
Not later than 10 days before the date of any election, the clerk shall issue a public notice designating the location of the alternative accessible voting place. This notice is not required in any municipality in which all or no voting places are accessible to these persons.
When a physically handicapped voter votes at the office of the clerk or at an alternative voting place, that voter shall vote by absentee ballot and the method of voting must be the same as in section 754-A. If the municipality has a central voting place, then the handicapped voter may vote there using a regular ballot for the applicable voting district. If an alternative voting place is designated, the clerk shall furnish a reasonable number of absentee ballots and return envelopes to the warden. When the clerk or the warden receives such a ballot, the clerk or warden shall follow, as far as applicable, the same procedure prescribed in subchapter IV for the clerk to follow in handling absentee ballots.
3. Alternative paper ballots. At all voting places which are equipped with voting machines, paper ballots must be provided for use by voters who are physically unable to operate a voting machine.
Sec. 2. Accessible voting places; cost saving plan. The Office of the Secretary of State and the Department of Administrative and Financial Services, Bureau of General Services, working jointly, shall review the number of municipalities affected by this Act, examine alternative strategies that would provide accessibility to all voting places for the handicapped community at the lowest possible cost and report any findings to the Joint Standing Committee on Legal and Veterans Affairs no later than January 15, 2000.
These agencies shall consult with and seek input from the municipalities directly affected by this Act.
Effective September 18, 1999, unless otherwise indicated.
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