APPROVED CHAPTER
JULY 9, 2021 439
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
_____
H.P. 804 - L.D. 1126
An Act To Update the Voter Registration Process
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 21-A MRSA §1, sub-§27-D is enacted to read:
27-D. Online voter registration application. "Online voter registration application"
means the electronic voter registration application form created by the Secretary of State
pursuant to section 152 and available on the Secretary of State's publicly accessible website
and through which, in accordance with the rules adopted under section 152, subsection 6,
an individual may register to vote and enroll in a party or a registered voter may enroll in
a party, change the voter's party enrollment, withdraw from a party or notify the appropriate
registrar of voters of a change in the voter's name or address when the voter's name is
changed due to marriage or other process of law or when the voter has moved within a
municipality.
Sec. 2. 21-A MRSA §121, sub-§1-A, as amended by PL 2011, c. 534, §4, is further
amended to read:
1-A. Identification and proof. Registration applications taken by outside agencies
must be transferred to the Secretary of State within 5 days of receipt. An applicant who
attempts to register within 30 days of an election must be advised that the registrar might
not receive the application before the deadline for online, mail or 3rd-person registration
set forth in section 121‑A, but that the applicant may register in person no later than the
deadline for in-person registration set forth in section 121‑A.
Registration applications received by the Secretary of State from outside agencies 30 days
or more before an election must be transferred to the appropriate registrar's office within 7
business days of receipt. Registration applications received by the Secretary of State from
outside agencies less than 30 days before an election must be transferred to the appropriate
registrar's office within 5 business days of receipt. Registration applications submitted
online must be received by the Secretary of State by midnight on the 21st day before
election day and must be transmitted to the appropriate registrar's office daily. Registration
applications by mail or by a 3rd person must be received in the registrar's office by the
close of business on the 21st day before election day in order for persons' names to appear
on the incoming voting list for that election. The 20-day period before the election is the
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closed period for outside registrations. The registrar shall send the notice required by
section 122 no later than the 18th day before election day to all voters whose applications
were received submitted online, submitted by mail or submitted by a 3rd person as long as
the registrar received the application by the 21st day before election day no later than the
18th day before election day.
A person who registers in person shall show proof of identity and residency. If satisfactory
proof of identity and residency can not be provided to the registrar or deputy, the person's
name is entered into the central voter registration system and placed on the incoming voting
list and the person casts a challenged ballot. If the person shows satisfactory proof of
identity and residency prior to voting on election day, the person's ballot is not challenged.
Sec. 3. 21-A MRSA §121-A, as enacted by PL 2011, c. 534, §5, is amended to read:
§121-A. Deadline for registration
The deadline for receipt of voter registration applications submitted by mail or by a 3rd
person is the close of business on the 21st day before election day. The deadline for receipt
of voter registration applications submitted online is midnight on the 21st day before
election day. The deadline for in-person registration is the close of the polls on election
day.
Sec. 4. 21-A MRSA §129, sub-§1, as corrected by RR 2019, c. 2, Pt. B, §37, is
amended to read:
1. Notice. The voter must give written notice to the registrar of the voter's new and
former names or addresses before the close of registrations prior to election day or provide
notice through the online voter registration application.
Sec. 5. 21-A MRSA §130, as amended by PL 2011, c. 534, §9, is further amended
to read:
§130. Applications for voter registration
A person who completes a written or online voter registration application, as provided
in section 152, may submit the application online, mail the application or have the
application delivered to the registrar in the person's municipality of residence before the
deadline for online, mail or 3rd-person registrations in section 121‑A, to be entered into the
central voter registration system and placed on the incoming voting list prior to the next
election; except that applications completed under section 122, subsection 5 may be
delivered during the closed period for immediate placement on the incoming voting list.
Sec. 6. 21-A MRSA §142, first ¶, as amended by PL 1989, c. 313, §3, is further
amended to read:
A voter who had initially chosen not to enroll in a particular party may later enroll in a
party by filing an application with the registrar personally, or by mail or otherwise by
submitting an online voter registration application, at any time, except that on election day
a voter must enroll in person.
Sec. 7. 21-A MRSA §144, first ¶, as amended by PL 2017, c. 248, §1, is further
amended to read:
A voter may change the voter's enrollment after 3 months from the date on which the
voter enrolled by filing an application with the registrar personally, by mail or otherwise
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by submitting an online voter registration application. When a voter files an application to
change enrollment on the day of a primary election, the application is deemed received the
following business day.
Sec. 8. 21-A MRSA §144, sub-§1, as amended by PL 2017, c. 248, §2, is further
amended to read:
1. Content of application. The application must contain the following information:
Name of applicant, the date of birth, residence address, name of party in which enrollment
is requested, signature of the applicant and the date of application. If the voter submits an
online voter registration application, the applicant must meet the requirements of section
152, subsection 1, paragraph K to satisfy the signature requirement of this subsection.
Sec. 9. 21-A MRSA §145, first ¶, as amended by PL 2017, c. 248, §3, is further
amended to read:
A voter may withdraw the voter's enrollment after 3 months from the date on which
the voter enrolled through an online voter registration application or by filing a written
request with the registrar. When a voter files an application to withdraw enrollment on the
day of a primary election, the application is deemed received the following business day.
Sec. 10. 21-A MRSA §145, sub-§2, as amended by PL 2001, c. 310, §9, is further
amended to read:
2. Reenrollment after withdrawal. A voter may not enroll in a different party but
may enroll in the same party within 15 days after filing a written request for withdrawal
withdrawing from a party under this section.
Sec. 11. 21-A MRSA §152, sub-§1, as amended by PL 2019, c. 409, §3 and
affected by §9, is further amended to read:
1. Application. In addition to the procedures provided by section 122 and subchapter
9, a person may register to vote or enroll in a political party, or both, by completing an a
written application that is designed by the Secretary of State or by submitting an online
voter registration application. The application must include, but is not limited to:
A. The legal name of the voter, in one of the following combinations:
(1) First name and last name;
(2) First initial, middle name and last name; or
(3) First name, middle name or middle initial and last name;
B. Residence address, including street, street number, apartment number, town and zip
code;
C. Mailing address;
D. Date of birth;
F. Most recent prior residence where registered to vote, including the municipality,
county and state, and the name under which previously registered, if changed;
H. Notification that failure to complete the entire application may prevent registration;
J. Date of application;
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 K. Signature of applicant collected in a way that ensures the quality and integrity of
the signature. If the applicant submits an online voter registration application, the
applicant satisfies the signature requirement of this paragraph by submitting a current,
valid Maine driver's license number or nondriver identification card number or, if the
applicant does not have a current, valid Maine driver's license or nondriver
identification card, by submitting an electronic image of the applicant's signature;
L. Choice of political party if the applicant desires to enroll in a political party or an
indication that the applicant chose not to enroll in a party;
M. A place for the person's applicant's current, valid Maine driver's license number or
nondriver identification card number, if applicable; or, if the applicant has no Maine
driver's license number or nondriver identification card, the last 4 digits of the person's
applicant's social security number, if applicable; or, if the application is submitted in
writing and the applicant has neither number, a place to put "none" or "not applicable";
and
N. A place for the applicant to respond to the questions concerning the voter's
qualifications as required by the federal Help America Vote Act of 2002, Public Law
107-252.; and
O. A place for the applicant to attest to the truth of the information provided in the
application.
Sec. 12. 21-A MRSA §152, sub-§5, as amended by PL 2003, c. 407, §9, is further
amended to read:
5. Design of written application. The Secretary of State shall design the written
application that meets the requirements of subsection 1. The Secretary of State may design
an application that can be completed electronically and that substantially meets the
requirements of this section.
Sec. 13. 21-A MRSA §152, sub-§6 is enacted to read:
6. Design of online voter registration application; rulemaking. The Secretary of
State shall design the online voter registration application that meets the requirements of
subsection 1 and that can be submitted online through the Secretary of State's publicly
accessible website. The online registration application must be designed to prevent an
applicant from registering to vote unless the applicant discloses a current, valid Maine
driver's license number or nondriver identification number or the last 4 digits of the
applicant's social security number.
The Secretary of State shall adopt rules governing the online voter registration process,
which must, at a minimum, include the following:
A. A process for informing an applicant who discloses a current, valid Maine driver's
license number or nondriver identification card number that disclosure of that number
constitutes consent to the use of the applicant's signature on the driver's license or
nondriver identification card for all purposes for which a signature on a written
application for voter registration is used under this Title;
B. A process for an applicant who discloses the last 4 digits of the applicant's social
security number to include with the online voter registration application an electronic
image of the applicant's signature and for the applicant to consent to the use of that
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 electronic image of the applicant's signature for all purposes for which a signature on
a written application for voter registration is used under this Title;
C. A process for transmitting any driver's license number or nondriver identification
card number from an online voter registration application along with the applicant's
name and date of birth to the central voter registration system and for determining
whether the information entered in the central voter registration system matches the
information in the driver's license or nondriver identification card records maintained
by the Department of the Secretary of State, Bureau of Motor Vehicles and, if a match
is found, for transmitting an electronic image of the applicant's signature on that driver's
license or nondriver identification card from the bureau to the central voter registration
system;
D. A process for matching the last 4 digits of a social security number provided in an
online voter registration application and the applicant's name and date of birth with the
information available from the United States Social Security Administration;
E. A process for transmitting the contents of each online voter registration application
and the electronic image of the signature of that applicant to the appropriate registrar
of voters;
F. Minimum procedures and security measures for ensuring the accuracy and security
of online voter registration applications;
G. A process and form for a registered voter whose name is changed by marriage or
other process of law or who has moved within a municipality to notify the appropriate
registrar of voters pursuant to section 129 of the registered voter's new name or address
through the online voter registration application; and
H. A process and form for a registered voter to enroll in a party pursuant to section
142, to change the voter's party enrollment pursuant to section 144 or to withdraw from
a party pursuant to section 145 through the online voter registration application.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5,
chapter 375, subchapter 2‑A.
Sec. 14. Appropriations and allocations. The following appropriations and
allocations are made.
SECRETARY OF STATE, DEPARTMENT OF
Bureau of Administrative Services and Corporations 0692
Initiative: Provides one-time funding for contracted programming costs to implement
online voter registration.
GENERAL FUND 2021-22 2022-23
All Other $0 $259,000
__________ __________
GENERAL FUND TOTAL $0 $259,000
Sec. 15. Effective date. This Act takes effect November 1, 2023.
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Statutes affected:
Bill Text LD 1126, HP 804: 21-A.121, 21-A.129, 21-A.130, 21-A.142, 21-A.144, 21-A.145, 21-A.152
Bill Text ACTPUB , Chapter 439: 21-A.121, 21-A.129, 21-A.130, 21-A.142, 21-A.144, 21-A.145, 21-A.152