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29-250DEPARTMENT OF THE SECRETARY OF STATE
BUREAU OF CORPORATIONS, ELECTIONS AND COMMISSIONS
DIVISION OF ELECTIONS
Chapter 505:VOTER LIST MAINTENANCE PROCEDURES
SUMMARY: This Chapter outlines the procedures and standards by which municipal registrars and boards of registration may update and maintain their voter lists in the central voter registration system, pursuant to 21-A MRSA §161.
SECTION 1.Definitions 1.Central voter registration system. “Central voter registration system,” and the abbreviation CVR, means a single electronic information system and database for voter registration information maintained by the Secretary of State and used by all municipal jurisdictions in the State. 2.Challenged ballot. “Challenged ballot” means a ballot cast by one whose eligibility to vote has been questioned during election day. 3.NCOA Program. The United States Post Office (USPS) service that collects change of address information, also known as NCOALink®. 4.NVRA. The National Voter Registration Act of 1993. 5.Online voter registration application. “Online voter registration application” means the electronic voter registration application form created by the Secretary of State and available on the Secretary of State's publicly accessible website and through which 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. 6.Registrant/Applicant. “Registrant” and “applicant” mean a person registering to vote or applying to update their existing registration as a voter. 7.Registrar. “Registrar” means the registrar or deputy registrar of voters of a municipality. 8.Resident. A resident is a person who has established residence within a jurisdiction. 9.Residence address. “Residence address” means the street and number or other designation indicating the physical location of a person’s residence. 10.Residence for voting purposes The voting residence of a person
SUMMARY: This Chapter outlines the procedures and standards by which municipal registrars and boards of registration may update and maintain their voter lists in the central voter registration system, pursuant to 21-A MRSA §161.
SECTION 1.Definitions 1.Central voter registration system. “Central voter registration system,” and the abbreviation CVR, means a single electronic information system and database for voter registration information maintained by the Secretary of State and used by all municipal jurisdictions in the State. 2.Challenged ballot. “Challenged ballot” means a ballot cast by one whose eligibility to vote has been questioned during election day. 3.NCOA Program. The United States Post Office (USPS) service that collects change of address information, also known as NCOALink®. 4.NVRA. The National Voter Registration Act of 1993. 5.Online voter registration application. “Online voter registration application” means the electronic voter registration application form created by the Secretary of State and available on the Secretary of State's publicly accessible website and through which 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. 6.Registrant/Applicant. “Registrant” and “applicant” mean a person registering to vote or applying to update their existing registration as a voter. 7.Registrar. “Registrar” means the registrar or deputy registrar of voters of a municipality. 8.Resident. A resident is a person who has established residence within a jurisdiction. 9.Residence address. “Residence address” means the street and number or other designation indicating the physical location of a person’s residence. 10.Residence for voting purposes The voting residence of a person
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is that place where the person has established a fixed and principal
home to which the person, whenever temporarily absent, intends to
return. A person does not change residence for voting purposes if the
person temporarily leaves home and goes to another country, state or
place in this State with an intent of returning. A change of residence
is made only by the act of leaving one location with the intent to
remain in another place. 21-A MRSA §112(B2)[correctable typo]
11Source agency. “Source agency” means a state agency or
department or other entity designated as a source agency pursuant to
21-A MRSA §233, subsection 1 which, as part of the normal course of
business of that entity, collects documents that contain personal
identification information that provides proof of voter eligibility.
12.Voter. “Voter” means a person registered to vote.
13.Voter participation history. “Voter participation history” means
the indication in the central voter registration system of whether a
voter has cast a ballot in particular elections, as reflected on the
incoming voting list for that election.
SECTION 2.Program(s) for updating municipal voter registration lists.
1.Individual or spot changes. Each municipality shall make
necessary changes to its active voter list in the central voter
registration system as soon as possible after the information arrives.
Such incoming information will may include:
A.Death. The names of those voters who have died shall be
removed from the voter list. Names of the deceased shall be
taken from death records obtained from the clerk, certified
death certificates, or obituaries.
B.Notices of Change of Name or Address
(1)Motor Vehicle Request for Name/Address Change
form. Upon receipt of a Motor Vehicle Request for
Name/Address Change form, the registrar shall:
(a)Remove the voter's name from the registrar’s
active voter list if the voter has moved outside the
municipality, or
(b)If the voter's new address is still within the same
municipality, the registrar shall make the
appropriate changes within CVR system without
removing the voter from the active voter list.
(2)NCOA Updates. Each municipality with a voter
registration list containing at least 100 registered voters
may participate in the NCOA program and obtain lists of
potential address changes from the Postal Service
(3)Postal Service Change of Address Notification
Card. Upon receipt of the Postal Service's pre-printed
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Change of Address Notification Card signed by the voter,
(a)Remove the voter's name from the municipality’s
active voter list if the voter has moved outside the
municipality, or
(b)If the voter's new address is still within the same
municipality, the registrar shall make the
appropriate changes within CVR system without
removing the voter from the active voter list.
(c)If the Change of Address Notification Card is not
signed by the voter, the registrar shall send a
forwardable Change of Address Confirmation
Card to the voter.
C.Receive a Response to a Change of Address
Confirmation Card.
(1)When the registrar receives a response to a Change of
Address Confirmation Card signed by the voter,
acknowledging that the voter has moved to a new
address and the new address is outside the registrar’s
jurisdiction, the voter’s name shall be removed from the
municipality’s voter lists.
(2)When the registrar receives a response to a Change of
Address Confirmation Card signed by the voter,
acknowledging that the voter has moved to a new
address and the new address is not outside the
registrar’s jurisdiction, the registrar shall make the
appropriate changes within CVR system without
removing the voter from the active voter list.
D.Notice of new registration. When a registrar receives notice
that one of the municipality's residents has registered to vote
in another municipality, the registrar shall remove that name
from the losing municipality’s voter list.
E.Written request of voter. If a voter requests in writing that
his or her name be removed from the municipal voter lists, the
registrar shall do so if he or she is satisfied as to the identity of
the person making the request.
2.Mass confirmation mailings.
A.Registrars must use at least one of the following methods of
voter list maintenance not less than once every five years.
(1)First class mailing to all voters.
(a)A municipality may send an Address Verification
Notice, which is a first class, non-forwardable,
address correction requested notice, to each of its
registered voters.
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(b)Notices that are returned by the post office as not
deliverable shall then be followed up by
forwardable Change of Address Confirmation
Cards, in accordance with Section 4 of this
chapter.
(2)Targeted confirmation mailing.
(a)A municipality may send to those persons on the
voter list who have not voted in the most recent
general election, an Address Verification Notice,
which is a first class, non-forwardable, address
correction requested notice.
(b)Address Verification Notices which are returned
by the post office as not deliverable shall then be
followed up by forwardable Change of Address
Confirmation Cards, in accordance with Section 4
of this chapter.
3.Nothing in these rules should be construed to preclude a municipality
from using mass confirmation mailings more frequently than the
prescribed minimum.
4.Timeframe for completion of a voting list maintenance program.
A.All procedures intended to systematically remove names from
the voter list shall be completed at least 90 days prior to any
election.
B.This time limit shall not be construed to preclude the removal
of names within 90 days of any election for the reasons stated
in sub-section 1 of this section.
SECTION 3.Utilizing the inactive designation.
1.The date on which a voter is placed on the inactive list must also be
clearly recorded in the central voter registration system.
2.A voter's name must be moved to the active list if the voter
designated as inactive:
A.Votes or attempts to vote,
B.Changes address within the same municipality,
C.Responds to a Change of Address Confirmation Card indicating
that his or her address has not changed,
D.Signs a petition or nomination paper as a resident of the
municipality,
E.Or otherwise makes his or her residence in the community
known to the registrar.
3.Any of the above actions shall exclude a voter from the targeted
confirmation mailing described in sub-section 3.1 of this chapter.
4.If a voter designated as inactive fails to engage in any of the activities
listed in sub-section 2 of this section for a period including two
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consecutive general elections, the voter may be removed from the
central voter registration system.
5.A copy of the list of inactive voters must be provided to election
officials at each polling place along with the regular voting list for
election day.
SECTION 4.Use of Change of Address Confirmation Card
1.A registrar shall send a forwardable Change of Address Confirmation
Card whenever any of the following occurs:
A.Within a reasonable period of time after receiving a list of
potential changes from any maintenance process listed.
2.When the registrar receives a response to a Change of Address
Confirmation Card signed by the voter, acknowledging that the voter
has moved to a new address:
(a)If the new address is outside the registrar's
jurisdiction but within the State, the voter's name
shall be removed from the active voter list.
(b)If the new address is outside the State, the voter's
name shall be removed from CVR voter list.
3.Voters who fail to respond to a Change of Address Confirmation Card
within 20 days may be designated as inactive in the central voter
registration system.
SECTION 5.Proof of identity and residence
1.A person who registers in person shall show proof of identity and
residency.
2.Voters registered through source agencies are presumed to have
presented proof of identity and residency, except when the registrar
has an articulable reason for questioning the validity or accuracy of
the source agency’s proof or validation procedure.
3.Documents provided for proof of identity or residency must be current
and accurate. Government-issued documents must also be valid at
the time of presentation.
4.If satisfactory proof of identity and residency cannot be provided to
the registrar or deputy, the person's name is entered into the central
voter registration system is such a way as to appear on incoming
voting lists with an indication that the person will be casting a
challenged ballot.
5.If the voter shows satisfactory proof of identity and residency prior to
voting on election day, their ballot will not be considered a challenged
ballot except as provided for in 21-A MRSA §673.
6.Verifying registrant’s identity
A.Any combination of the following forms of documentation may
be considered by a registrar in verifying the identity of an
applicant registering to vote:
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(1)A government-issued photograph identification
document or credential, including, but not limited to, a
United States passport, military identification, driver's
license, state identification or identification card issued
by a federally recognized Indian tribe;
(2)A government-issued identification document without a
photograph, including, but not limited to, a certified
birth certificate or a signed social security card;
(3)An official document, including, but not limited to, a
document confirming eligibility determinations for
public benefits, a utility bill, a bank statement, a
government check, a paycheck or other government
document showing the current name and address of the
voter;
(4)Student photograph identification document. A student
photograph identification document that is issued by a
state-approved public or private school located in this
State or that is issued by a duly authorized institution of
higher learning that operates in this State;
(5)A unique identifier, including the voter's Maine driver's
license number, Maine identification number or the last
4 digits of the voter's social security number, which is
successfully verified through the central voter
registration system.
B.If the registrant’s name does not already appear in the central
voter registration system, the registrar must verify the
registrant’s identity as prescribed in paragraph A of this
subsection.
C.If the voter is already registered within the central voter
registration system, the registrar is not barred from verifying
the identity of the person seeking to update or change the
voter’s registration as prescribed in paragraph A of this
subsection.
7.Verifying voter’s residence
A.When evaluating proof of residence, a registrar is not barred
from concluding that preponderance of evidence indicates that
the applicant’s residence is in another jurisdiction.
(1)If the other jurisdiction is located in this State, the
registrar shall assist the applicant in contacting the
registrar of the other municipality or jurisdiction and
may assist the other registrar in properly registering the
voter.
(2)If the other jurisdiction is in another state or country,
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the registrar shall identify it to the applicant and may
assist in contacting the appropriate voter registration
authority.
(3)In making this determination, the registrar’s purpose is
to accurately identify a qualified voter’s residence for
voting purposes, not to disqualify a voter from
registering.
B.The following factors may be considered by a registrar in
determining a person's residence. The registrar need not find
all of these factors to be present in order to conclude that an
applicant qualifies to register to vote in the municipality:
(1)A direct statement of intention by the applicant.
(a)Pursuant to 21-A MRSA §121, subsection 1, the
registrar may require such a statement to be
made under oath.
(2)The location of any dwelling currently occupied by the
person;
(3)The place where any motor vehicle or other taxable
personal property owned by the person is registered;
(4)The residence address, not a post office box, shown on:
[correctable paragraph numbering typo]
(5a)A current and valid motor vehicle operator's license held
by the person;
(6b)A current resident hunting or fishing licenses held by
the person;
(7c)A current income tax return naming the registrant;
(85)The residence address, not a post office box, at which the
person's mail is received;
(96)The receipt of any public benefit conditioned upon
residency, defined substantially as provided in this
subsection; and
(107)Any other objective facts which tend to indicate a voter's
place of permanent residence.
(a)Some examples of such facts are:
(i)Obtaining a local municipal dog license;
(ii)Owning a motor vehicle without registering
it with this State within 30 days of
nominally establishing residency;
(iii)Operating a motor vehicle without a license
issued by this State after residing in this
State for more than 30 days (a traffic
infraction) or more than 90 days (a Class E
crime).
(b)Facts which objectively neither prove nor disprove
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a voter’s place of residence include:
(i)A current dwelling or residence address in
housing known to be seasonal, temporary or
short-term – e.g., student housing, seasonal
camp housing, or an in-patient medical
facility.
(ii)An expressed desire to participate in a
specific election, absent any other
expressed interest in permanent local
residence.
8.When the registrar has reason to believe that a registrant may be
providing false documentation or otherwise implicating themselves in
a violation of State or federal statute, or providing evidence of an
unpaid tax obligation, the registrar may warn the registrant about
the possibility of self-incrimination but may not provide instruction
on evading self-incrimination beyond identifying mutually
contradictory statements and/or documents provided by the
registrant.
9.Formal hearings
A.If the registrar is in doubt as to the qualifications of a
registered voter, the registrar shall
(1)Fix a reasonable time and place for a hearing and
(2)At least 20 days prior to the hearing, give written notice
of the hearing to the voter at the last known address
provided by the voter.
B.The voter must have the opportunity to testify and to present
witnesses and other evidence at the hearing.
C.The voter may respond in person or in writing with proof of
qualifications prior to the date of the hearing.
D.After the hearing, the registrar shall determine whether the
voter has met the voting qualifications and shall act
accordingly.
(1)If the voter offers satisfactory proof of qualifications to
the registrar, either prior to or at the hearing, the
registrar may not cancel the voter's registration in the
central voter registration system.
(a)If the registrar determines that the voter has
provided proof that they are qualified to vote but
only in another voting jurisdiction within this
State, the registrar will provide the voter with
information on registering to vote in the other
jurisdiction and may coordinate with the other
registrar to facilitate the process. If the other
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registrar does not agree with the original
registrar’s decision, both registrars may conduct
informal discussions to resolve their differences in
such a way that a qualified voter is not barred
from registering to vote.
(2)If the voter fails to provide satisfactory proof of
qualifications to the registrar, either prior to or at the
hearing, the registrar may cancel the voter's registration
in the central voter registration system.
(3)If the voter fails to appear at the hearing and the
registrar has proof that the voter does not meet the
qualifications, the registrar may cancel the voter's
registration in the central voter registration system.
E.The registrar shall notify the voter, in writing, of the action
taken and advise the voter of any appropriate appeal authority.
F.If the registrar decides to cancel the voter's registration in the
central voter registration system after the hearing and a
municipal or state election occurs before the cancelled voter
has exhausted all appeals, then the voter remains in the
central voter registration system for the election and may cast
a challenged ballot.
SECTION 6.Removal prohibited.
1.A person's name may not be removed from the voting list for any of
the following reasons:
A.Change of residence address within the same
municipality. If it appears that a voter has moved to another
location within the registrar's jurisdiction, the registrar shall
not remove the voter's name from the voter list and shall not
designate the voter as inactive on the voter list.
B.Criminal conviction. Maine law does not allow for the
removal of a voter's name from the voter list because of a
criminal conviction in any court.
C.Failure to vote. Failure to vote in any single election shall not
be grounds for removal from the voter list. This prohibition
does not preclude the use of an inactive status as part of a
systematic voter list maintenance program as prescribed in
this chapter.
D.Marriage. A registrar shall not remove a voter's name from
the voter list solely because he or she has married.
E.Mental illness. Maine law does not allow for the removal of a
voter's name from the voter list because of a mental illness, nor
for guardianship arising from mental illness.
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SECTION 7.Record keeping
1.Whenever a voter’s voting residence changes to a different voting
jurisdiction within the State, the losing and gaining registrars shall
ensure that the voter’s voting history remains associated with the
voter in the CVR system.
2.Registration and enrollment applications.
A.The registrar shall keep registration and enrollment
applications and requests and all documentation of changes in
registration and enrollment as part of each active or inactive
voter's permanent registration record.
B.Records for voters whose registration has been cancelled and
applicants whose registration application has been rejected
must be kept for 2 years.
3.Confirmation mailings.
A.The registrar shall keep for six years a list of the names and
addresses of all persons to whom a Change of Address
Confirmation Card is sent.
B.The registrar shall keep for six years a record of those
individuals who responded to a Change of Address
Confirmation Card and the contents of the responses.
4.Removals. The registrar shall keep for four years a separate list of all
removals from the voter list, the date of the removal, and the reason
for the removal. In addition, the registrar shall keep for four years all
documents used in the removal of voters from the voter list.
5.NCOA data. The registrar shall keep for four years all information
received from the NCOA program.
6.Public information. All information collected and maintained
under this chapter shall be available to the public upon request,
except when such release or disclosure would conflict with the
requirements of the Address Confidentiality Program, prescribed in 5
MRSA §90-B, or other statutory protections for personal information.
SECTION 8.NVRA Data Reports to be filed with the Secretary of State.
1.Each municipality shall complete an NVRA Data Report and file it
with the Secretary of State on an annual basis. NVRA Data Reports
are due to the Secretary of State on February 1 and shall include data
for the reporting period of January 1 to December 31 of the prior
year.
2.The NVRA Data Report shall include the following information:
A.Name of the municipality
B.New valid registrations – The total number of new valid
registrations, including registrations that are new to the
municipality, but excluding all applications that are duplicates,
rejected, or report only a change of name, address, or party
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affiliation.
C.Applications received via mail – The total number of
applications received via mail, regardless of whether they were
valid, rejected, incomplete, duplicative, or reporting only a
change of address, name, or party affiliation. Applications
mailed to municipal registrars from the Secretary of State or
from groups known to have conducted an organized voter
registration drive shall not be included.
D.Applications received in-person or from voter registration
drives – the total number of registrations accepted in-person or
received as a result of organized voter registration drives.
E.Voters on the inactive list – The total number of voters on the
inactive list as of December 31 of the reporting period.
F.Voters deleted from the voter list – The total number of voters
who were deleted from the voter list, including both the active
and inactive lists.
G.Duplicate registrations -The form number of duplicate
registrations for each of the following categories:
(1)Motor voter cards (only the yellow cards from the
Bureau of Motor Vehicles).
(2)All other sources.
H.Change of Address Confirmation Cards sent – The total
number of Change of Address Confirmation Cards mailed.
I.Responses to Change of Address Confirmation Cards received –
The total number of responses the municipality has received to
Change of Address Confirmation Cards.
J.Signature of Registrar and the Date of Signature – The
appropriate municipal election official shall sign and date the
form upon its completion.