In total, Question 1 has 27 different sections (Sec.), each proposing changes to Maine’s election laws. While the requirement to show proof of ID is certainly responsible for a few of those proposed changes, there are clearly changes proposed to absentee voting rules that, at least on its face, do not seem directly connected with a voter id requirement. The inclusion of these “other things” is what has driven the opposition to Question 1 the hardest. Therefore, in an effort to better understand what is actually being proposed, what follows is a summary and explanation of each of the 27 different changes proposed under Question 1.
Follow along and see for yourself.
Maine Election Law (21-A MRSA)
Sec. 1. 21-A MRSA §671, sub-§1,
in the 1st sentence under subsection 1, titled Name Announced, which reads
“A voter who wishes to vote must state the voter’s name and residence address to an election clerk, who shall announce the name in a loud, clear voice.”
would be changed to read;
“A voter who wishes to vote must present photographic identification and state the voter’s name and residence address to an election clerk, who shall announce the name in a loud, clear voice.”
This change would require that, in addition to telling the election clerk handing out ballots your name and home address, you’ll also have to show a photo ID.
Sec. 2. 21-A MRSA §671, sub-§9
This change would add a 9th sub-section to section 671 titled Challenged ballots for voters without photographic identification. Sub-section 9 would provide a framework for what would happen if a voter arrived without a photo ID. The proposed sub-section is set up for two scenarios.
(Scenario 1)
§671, sub-§9; ¶ A
If a voter does not have or is unable to present photographic identification to an
election clerk, an election official shall challenge the voter’s right to vote under section 673 and the voter may cast a ballot pursuant to section 673.
Under the above proposed language, an election official would need to challenge a person’s right to vote if they don’t show photo ID. The provision then points to section 673 for the specifics of how challenging a person’s right to vote works. Section 673, titled Challenges, is Maine’s current law on the process for an election clerk, or anyone, when challenging a person’s right to vote.
A challenged voter would still be able to cast a ballot but it would be marked with a number by the warden. Additionally, an affidavit from the challenger explaining why along with a Challenge Certificate completed by the warden, would be put into an envelope and stored securely with other election materials following the election.
A hearing would be held after the election where it would be decided if the challenged voter’s name should be removed from the voter list or not. However, Sec. 2 also includes a provision that avoids a hearing if the voter can produce a photo ID to the municipal registrar within 4 days of the election.
It’s not clear that anything within section 673 permits or requires that ballots from voters found to have been in violation of election law be retrieved and removed from the final tallies. However, section 674, Violations and Penalties, identifies attempting to vote illegally as a class c crime.
(Scenario 2)
§671, sub-§9; ¶ B
The second scenario described under Sec. 2’s proposed sub-section 9 is for people not wanting there photograph taken over religious objections. In this scenario, an affidavit is provided to the voter for them to swear that a photo ID would violate there religious beliefs before being provided a ballot. Following the election, the municipal registrar verifies the religious exemption claim by cross-referencing the voter with the DMV database to see if a current ID is on record for them.
Sec. 3. 21-A MRSA §671, sub-§10
Subsection 10 for section 671 would also be entirely new language. The proposed subsection, Provision of free non-driver identification cards for photographic identification, provides a free Maine photo ID card to anyone over 18 years old without a driver’s license.
Sec. 4. 21-A MRSA §671, sub-§11
Adds another new sub-section to section 671. The proposed sub-section 11 defines the various types of acceptable photo ID. They include a driver’s license (state not specified), a Maine issued ID card, an interim ID form (provided by the Secretary of State in leu of a drivers license or state ID that hasn’t arrived in the mail yet), a US passport or passport card or a photo ID issued by the US military, Maine National Guard or Dept of Veteran Affairs.
Sec. 5 through Sec. 10. 21-A MRSA §673, sub-§1, ¶A
In a continuation of what’s proposed under Sec. 2 above, Sec. 5 through Sec. 10 are used to edit and add to the list of sub-paragraphs under sub-section 1; paragraph A that justify a warden accepting a voter challenge.
Sec. 5. §674; sub-§1; ¶A; sub-¶8
Removes a section of sub-paragraph 8 but adds nothing. With the strike-through marking the line to be removed, the proposed change would read
§674; sub-§1; ¶A; sub-¶8
Communicated with someone as prohibited by section 754‐A, subsection 1, paragraph B or subsection 3, paragraph B or D;
Removing the reference to subsection 1; paragraph B within Section 754-A, while keeping the reference to subsection 3 is because, under Sec. 21 below, subsection 1 would be repealed. The remaining reference to Section 754-A; sub-section 3; paragraph D effectively does the same thing as the removed subsection 1; paragraph B; which is make communicating with an absentee voter while they are filling out there ballot a reason the warden would accept a challenge to a person’s right to vote.
§754-A; sub-§1; ¶B (Reference Removed)
While the voter is marking the ballot, there may be no communication between the voter and any other individual as to the person or question for which the voter is to vote.
§754-A sub-§3; ¶D (Reference Remains)
While the voter or the aide is marking the ballot, there may be no communication between the voter and any individual, other than the aide who must mark the ballot as the voter indicates, as to the person or question for which the voter is to vote.
Sec 6. §674; sub-§1; ¶A; sub-¶11
Sec. 6 removes the word “or” from the end of sub-paragraph 11. The use of the word “or” is to set up that the following sub-paragraph, sub-paragraph 12, would have been the last sub-paragraph listed. Because sub-paragraph 12 would no be the last sub-paragraph listed if, “or” is replaced with a semicolon.
Sec 7. §674; sub-§1; ¶A; sub-¶12
Replaces a period with a semicolon in sub-paragraph 12. The period is used to define, not just the end of sub-paragraph 12, but also the end of the sub-section 1; paragraph A that contains it. Replacing the period with a semi-colon opens paragraph A up to having more sub-paragraphs added after sub-paragraph 12.
Sec. 8 §674; sub-§1; ¶A; sub-¶13
Creates a sub-paragraph 13. This new sub-paragraph would add not presenting a photo ID to the list of acceptable justifications to challenge someone’s right to vote.
Sec. 9 §674; sub-§1; ¶A; sub-¶14
Creates sub-paragraph 14. Adds submitting an absentee ballot with a signature not matching the persons voter registration signature to the list of reasons a challenge to challenge someone’s right to vote.
Sec. 10 §674; sub-§1; ¶A; sub-¶15
Creates sub-paragraph 15. Adds submitting an absentee ballot without ID to the list of acceptable justifications to challenge someone’s right to vote.
Sec. 11. 21-A MRSA §752-B, sub-§2
In addition to removing an implication that only “authorized voters” are permitted to use ballot drop boxes, Sec. 11 removes a reference to Section 754-A; Subsection 1; paragraph D and replaces it with a reference to section 754-A; sub-section 1-A; paragraph C.
§752-B, sub-§2
Secured drop boxes authorized. A municipality may obtain and install a secured drop box that meets the requirements of this section. The secured drop box may be used by voters who are authorized to return absentee ballots in a secured drop box pursuant to section 754‐A, subsection 1 1-A, paragraph D C.
The reason for the switch is because, further down under Sec. 21, this sub-section 1 would be repealed and Sec. 22 proposes an entirely new sub-section, sub-section 1-A. Below are the relevant references of what would be repealed and replaced within Section 752-B; sub-section 2.
Section 754-A, Subsection 1; paragraph D (Reference Removed)
The voter or an immediate family member of the voter shall return the sealed envelope containing the voted ballot to the clerk of the municipality where the voter resides by mail, by personal delivery or by depositing it into a secured drop box accessible by only the municipal clerk. The voter shall send a completed voter registration or absentee ballot application, if necessary, in a separate envelope.
Section 754-A, Subsection 1-A; paragraph C (Reference Added)
If the clerk maintains multiple offices in the municipality, the clerk may designate any of its offices for the return of absentee ballots under this subsection, as long as the clerk designates only one office to which absentee ballots must be returned under this section. The clerk may place not more than one secured drop box outside the office of the clerk, on the property on which the office of the clerk is located, for the purpose of receiving absentee ballots under this section. For purposes of this paragraph, “secured drop box” has the same meaning as in section 752-B, subsection 1, paragraph B.
Sec. 12. 21-A MRSA §752-B, sub-§3,
Currently, municipalities may have a ballot drop box installed either outside the municipal office building or outside the building where people will vote on election day. Municipalities also have the option of applying to the Secretary of State’s office to have more than one ballot drop box and there are no legal restrictions on where additional ballot drop boxes may be located.
The changes proposed under Sec. 12 would require that each municipality only have one ballot drop box and that it be located outside of the office of the municipal registrar.
Sec. 13. 21-A MRSA §752-B, sub-§7,
Section 752-B, sub-section 7, Use and access during absentee voting period, requires that the municipal clerk, or there designees, be responsible for checking and collecting deposited absentee ballots from the drop box. Sec. 13 proposes that a “bipartisan team of election officials” be responsible for collecting ballots and bringing them to the municipal office.
Sec. 14. 21-A MRSA §752-B, sub-§8
Sub-section 8 designates when and how often the ballot drop box is checked for deposited ballots. Sec. 14 would update language to reflect what’s proposed under Sec. 13, by replacing “the municipal clerk or a team of 2 people designated by the clerk” with “a bipartisan team of election officials”.
Sec. 15. 21-A MRSA §752-B, sub-§9
Sub-section 9 regulates who is responsible for locking up the drop box at 8pm on election night. Sec. 15 would update language to reflect what’s proposed under Sec. 13, by replacing “the municipal clerk or a team of 2 people designated by the clerk” with “a bipartisan team of election officials”.
Sec. 16. 21-A MRSA §753-A, sub-§3
Changes rules on how absentee ballots can be requested. Proposes absentee ballot requests be submitted either in person or by mail but removes submission by “facsimile”. Sec. 16 would also end the ability for a family member to retrieve, complete, sign and return absentee ballot requests on a voter’s behalf. A voter’s right to have a 3rd person assist with applying for, picking up, filling out and returning there ballot remains.
If using a 3rd party to return an absentee ballot, requirement to have ballot delivered by 2 business days before election day would become 7 days before election day. Change would remove two business days from time available for a 3rd party to delivery an absentee ballot to a ballot drop box or municipal registrar. A voter’s right to have a 3rd party assist with picking up, filling out and returning there ballot remains intact.
Sec. 17.21-A MRSA §753-A, sub-§4
Repeals ability to complete absentee ballot application over the phone. Requesting, by phone, that an absentee ballot application be mailed to a voter is not forbidden.
Sec. 18. 21-A MRSA §753-A, sub-§6
This sub-section regulates submitting applications electronically. Proposed changes reflect incorporating photo ID requirement into electronic application process.
Sec. 19. 21-A MRSA §753-A, sub-§8,
Repeals ability for senior citizens or the disabled to have absentee ballots sent to there address automatically. Repeal would require said voters submit absentee ballot applications per election. Sub-section 8 is A recent provision adopted by the legislature and, unless repealed, doesn’t take effect until 2026.
Sec. 20. 21-A MRSA §753-B, sub-§1
Effectively re-writes section 753-B, sub-section 1 but with some changes. Clearly describes form to be included with return envelope. Except for pre-printing a voter’s name and address, emphasis is deepened on forbidding election officials from filling out any portion of a voter’s absentee ballot or the return envelope form. Forbids municipal or any public office or official from paying for the an absentee ballot envelope’s return postage.
Sec. 21. 21-A MRSA §754-A, sub-§1
Repeals sub-section titled Ballot delivered to voter or immediate family member, including loophole permitting non designated family members to return completed absentee ballots without verification of permission from absentee voter or designated family member.
Sec. 22. 21-A MRSA §754-A, sub-§1-A
Creates new section titled “Ballot delivered to voter”. Effectively achieves what Sec. 21 repeals but with changes reflecting;
• voter ID requirements,
• drop box locations,
• Ends ability for non-designated family to return voter’s absentee ballot without verification of permission from absentee voter or designated family member.
• Refocuses language on voter and not voter’s family.
Sec. 23. 21-A MRSA §754-A, sub-§2
Proposes repealing sub-section titled “Ballot delivered by 3rd person or returned by 3rd person.” Does not end A voter’s ability for assistance retrieving, completing and/or returning there ballot.
Sec. 24. 21-A MRSA §754-A, sub-§2-A
Sec 24 creates new sub-section, “Timely delivery of absentee ballots”. Requires absentee ballots be delivered to clerk by close of polls on election day or they will not be counted.
§754-A, sub-§2-A
Timely delivery of absentee ballots. All envelopes containing marked absentee ballots must be delivered to the clerk not later than the close of the polls on the day of an election. As provided in section 755, an absentee ballot must be delivered to the clerk at any time before the polls are closed in order for the absentee ballot to be valid.
A. The Secretary of State may adopt rules to implement this subsection. Rules adopted pursuant to this subsection are major substantive rules under Title 5, chapter 375, subchapter 2-A.
Sec. 25. 21-A MRSA §754-A, sub-§3
Sub-section titled Assistance in reading or marking ballot. Removes reference to section 754-A; subsection 1 (repealed with Sec. 21) and replaces with proposed section 754-A; subsection 1-A (proposed with Sec. 22). All other language remains the same.
Sec. 26. 21-A MRSA §756-A, sub-§4,
Removes reference to 754-A; subsection 1 (repealed by Sec. 21) and removes reference to 754-A; subsection 2 (repealed by Sec. 23). Reference to 754-A; subsection 3 remains. All three references are redundant. They are worded differently but all explain sealing an absentee ballot envelope and signing the affidavit on the envelope in front of a witness.
§754-A; sub-§ 1; ¶ C. (Reference Removed)
After the voter has completed marking the ballot, the voter shall then seal the ballot in its return envelope and complete the affidavit on the envelope. A notary or witness certification is not required unless the voter is assisted pursuant to subsection 3.
§754-A; sub-§ 2; ¶ C (Reference Removed)
The voter must mark the ballot according to section 691 or 692 so that it is impossible for anyone present at the time to see how the voter voted. The voter must then seal the ballot in its return envelope and complete the affidavit on the envelope in the presence of the witness or witnesses, who shall sign the witness certification.
§754-A; sub-§ 3; ¶ E (Reference Remains)
The voter or the aide must mark the ballot according to section 691 or 692 so that it is impossible for anyone else present to see how the voter voted, then seal the ballot in its return envelope. The voter, or the aide at the voter’s request, shall complete and sign the affidavit in the presence of the witness, who shall sign the witness certification. The aide must complete and sign the certification for aides on the outside of the envelope.
Sec. 27. 21-A MRSA §759, sub-§2
Section describes the steps the warden takes to process absentee ballot envelopes and removing the ballot from the envelope. Proposed change brings process in line with voter identification requirement by requiring warden to verify proof of photo identification is included in the envelope.
Sec. 28. Effective date.
If question 1 passes, the date the changes described above would take effect would be January 1, 2026.