Title 21-A, Title 21-A

At the time the Governor publicly proclaims the result of the vote on any measure referred to the people for approval under the Constitution of Maine, Article IV, Part Third, Section 17 or 18, the Governor shall also provide written notice of the result of that vote to the Presid…

County officials elected at the general election take office on January 1st directly following election day. The terms of other officials commence on the day provided in the Constitution of the State of Maine or the Constitution of the United States.

1. Definition. For purposes of this section, "eligible election" includes any contested election for state or federal office and any election on a statewide referendum question. 2. Authority. Beginning January 1, 2025, the Secretary of State may conduct post-election audits of se…

There is a tie vote when 2 or more persons receive an equal number of votes, which number would entitle each one to nomination or election, except for the tie. There is a tie vote in a referendum, when a question receives an equal number of affirmative and negative votes.

When there is an apparent tie vote, the Secretary of State shall automatically initiate a recount. If a recount confirms a tie vote, the following provisions apply. [PL 2025, c. 114, §1 (AMD).] 1. Primary election. In a primary election, the Secretary of State shall notify each p…

Once a recount is requested for any federal, state or county office, the Secretary of State shall request that the State Police, sworn law enforcement officers employed by the Department of the Secretary of State or other sworn law enforcement officers take physical control of th…

Except as provided by this section, the method of conducting a recount of a statewide referendum is governed by section 737‑A. Appeal of challenged or disputed ballots is to the Supreme Judicial Court. [PL 2017, c. 141, §8 (NEW).] 1. Recount request. To request a recount of a sta…

On request, a municipal clerk or the Secretary of State, or both, shall produce any ballots or incoming voting lists in their custody before the Governor, either branch of the Legislature, any legislative committee or a court of competent jurisdiction. Original ballots produced u…

Absentee ballots may be cast at any election by any voter who requests an absentee ballot as provided under this subchapter. The voter need not specify a reason to receive an absentee ballot. [PL 1999, c. 645, §4 (RPR).] 1. Absence. 2. Incapacity. 3. Religious belief. 4. Confinem…

At least 3 months before any election, the Secretary of State shall furnish each municipality with a reasonable number of dated absentee ballot applications. A reasonable time, not less than 30 days unless an emergency exists, before any election, the Secretary of State shall fur…

The federal write-in absentee ballot may be used in primary, general and special elections for state and federal offices by uniformed service voters or overseas voters who are qualified pursuant to section 751.

1. Definitions. For the purposes of this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Absentee voting period" means the time period beginning on the first date that absentee ballots are issued by the municipality and ending…

1. Applications available. On request, the clerk shall furnish a reasonable number of absentee ballot applications to any person. An application may not be furnished more than 2 months before a primary election for which the application will be used or more than 3 months before a…

1. Issuance of absentee ballots. Upon receipt of an application or written request for an absentee ballot that is accepted pursuant to section 753‑A, and after the official ballots become available, the clerk shall immediately issue an absentee ballot and return envelope by mail …

Any registered voter who is certified by the Secretary of State as a program participant in the Address Confidentiality Program pursuant to Title 5, section 90‑B is entitled to receive an absentee ballot for every election during the period of the voter's participation in the pro…

Except as provided in section 753‑B, subsection 8 and section 753‑C, the method of voting by absentee ballot is as follows. [PL 2005, c. 364, §9 (AMD).] 1. Ballot delivered to voter or immediate family member. When a voter or an immediate family member of a voter obtains a ballot…

In order to be valid, an absentee ballot must be delivered to the municipal clerk at any time before the polls are closed.

When the clerk receives a return envelope apparently containing an absentee ballot, the clerk shall observe the following procedures. [PL 2009, c. 538, §9 (AMD).] 1. Time of receipt noted. The clerk shall note the date and time of delivery on each return envelope. On request, the…

1. Notice to voters. If the clerk determines that there is a defect on the absentee ballot return envelope described in section 756, subsection 2, paragraph B and the absentee voter provided a telephone number or e-mail address with the voter’s absentee ballot application, the cl…

An absentee ballot may be challenged the same as a regular ballot under section 673.

The following counting procedure must be observed at each voting place. [PL 1995, c. 459, §75 (AMD).] 1. Warden to review notes of clerk. Unless a request to inspect applications and envelopes is made pursuant to subsection 8, the warden shall review the notes of the clerk on eac…

The clerk shall use the following procedure when processing the absentee ballots at a central location. [PL 1995, c. 459, §82 (NEW).] 1. Envelopes retained. The clerk shall retain possession of return absentee envelopes with the applications attached, where required, and the list…

Any municipality or jurisdiction that conducts its own elections may opt to process absentee ballots beginning on the 7th day immediately prior to election day. The clerk shall use the following procedure when processing the absentee ballots during this time. [PL 2021, c. 11, §1 …

An absentee ballot may not be rejected for any immaterial irregularity in completing the application or affidavit on the return envelope. The following information must be on the envelope for the ballot to be accepted: [PL 1985, c. 161, §6 (NEW).] 1. Name and address. The voter's…

As soon as the ballots have been counted, the applications, where required, absentee ballots, return envelopes, lists required by sections 753‑B and 756 and other election materials must be repacked, in accordance with section 698, and returned to the clerk. The clerk shall keep …

Absentee ballot applications and absentee ballot return envelopes are public records until the close of voting on election day, or until the ballots have been processed on election day, if the municipality processes absentee ballots before 8:00 p.m. After that time, except as pro…

The Secretary of State shall establish and maintain an online service that allows a voter who requests an absentee ballot to track the status of the absentee ballot process.

This article applies to uniformed service voters or overseas voters who are covered by the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 United States Code, Section 1973ff (2001). The Secretary of State is responsible for carrying out the State's duties under th…

Notwithstanding the registration deadline in section 121‑A, uniformed service voters or overseas voters may register or enroll at any time prior to noon on the day before election day by completing a federal or state voter registration application form and filing it with the regi…

On receipt of an application under section 777‑A, the registrar or the Secretary of State in consultation with the registrar shall register the applicant, unless it appears that the applicant is not qualified. If the applicant is not qualified, the registrar or the Secretary of S…

A uniformed service voter or an overseas voter may request an absentee ballot as provided in section 753‑A or by submitting a federal application or form requesting an absentee ballot as provided in section 783. With respect to any election for federal office, a clerk or the Secr…

Prior to the time when regular absentee ballots are available, if an applicant requests a blank write-in absentee ballot or indicates that it takes more than 6 weeks to receive and return mail to the applicant's location, the Secretary of State shall send a blank write-in absente…

Notwithstanding the absentee ballot application deadline in section 753‑B, subsection 2, paragraph D, upon receipt of an application or written request for an absentee ballot prior to noon on the day before election day from a uniformed service voter or overseas voter that is acc…

On receipt of a return envelope apparently containing an absentee ballot, the clerk or the Secretary of State shall follow the procedures for regular absentee voting under this subchapter.

The Secretary of State may act administratively to facilitate voting by uniformed service voters and overseas voters and may use federal or other facilities available for this purpose. These administrative actions may include, but are not limited to: [PL 2009, c. 563, §9 (AMD).] …

1. Class E crime. The commission of any act described as follows in this subsection is a Class E crime: A. [PL 1991, c. 466, §36 (RP).] B. A municipal clerk who, when a person has voted by absentee ballot in the clerk's presence under section 753‑B, subsection 8, signs the clerk'…

In a presidential election year, the presidential electors shall be chosen at the general election. [PL 1985, c. 161, §6 (NEW).] 1. Vote for presidential candidate construed. A vote for the candidate for President is a vote for the presidential electors nominated by the candidate…

One presidential elector shall be chosen from each congressional district and 2 at large.

1. Duties. Except when the National Popular Vote for President Act governs the appointment of presidential electors, as soon as possible after the presidential electors are chosen and not later than the date that is 6 days before the time fixed for the meeting of the electors und…

The presidential electors shall convene in the House Chamber in Augusta at 2 p.m. on the first Tuesday after the 2nd Wednesday of December following their election. If any electors are not present, the electors present shall fill the vacancy by majority vote.

The duties of the presidential electors in convention are as follows. [PL 1985, c. 161, §6 (NEW).] 1. Separate ballots. When convened as required by section 804, the presidential electors shall each cast separate ballots for President and Vice President, at least one of whom must…

The presidential electors shall be paid $10 a day for each day actually and necessarily employed in the performance of their duties and necessary expenses, including travel expenses, at the same rate as that paid to members of the Legislature. The presidential electors may hire n…

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1991, c. 347, §5 (NEW).] 1. Automatic tabulating equipment. "Automatic tabulating equipment" means any apparatus that automatically examines and counts votes r…

1. Rules. The Secretary of State and the Attorney General together may adopt rules governing approval of voting machines under section 813 and electronic tabulating systems under section 844. The Secretary of State may adopt rules requiring independent testing of voting machines …

1. Electronic connections prohibited. Connections of any voting devices, as defined by section 808, via the Internet to centralized vote collection equipment may not be employed by election officials of the State. Networking of voting machines, Internet-enabled or otherwise, is p…

A municipality may obtain and use voting machines according to the following provisions. [PL 1985, c. 161, §6 (NEW).] 1. Purchased or rented. The municipality may either purchase or rent voting machines. 2. Use authorized. The voting machines shall be used at each type of electio…