SP0436, LD 1284, item 1, An Act To Require Election Transparency and Audits

An Act To Require Election Transparency and Audits

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 21-A MRSA §610 is enacted to read:

§ 610. Election transparency

1. Transparency of election procedures. The Secretary of State shall publish a guide to election procedures for public distribution and revise the guide annually to reflect current law, rules and procedures regarding elections. The guide must describe:

A. Rules regarding polling places and the conduct of elections;

B. Devices and software used to capture, interpret or tally votes and the capabilities and deployment of the devices and software;

C. Duties of election officials on, before and after election day;

D. Opportunities for citizens to monitor election procedures; and

E. Other election laws, rules or procedures that the Secretary of State determines appropriate for the public interest.

2. Duties of election officials. For each election, an election official shall complete and return to the Secretary of State:

A. A completed checklist of election procedures for the election official’s voting place; and

B. A ballot reconciliation form that accounts for ballots delivered, ballots voted, absentee ballots mailed and returned, spoiled ballots, unused ballots, challenged ballots and ballots unaccounted for.

Each completed form required under this subsection must be signed by the municipal clerk and one other election official. The Secretary of State shall provide the forms required under this subsection and direct the manner in which the forms must be completed and returned to the Secretary of State.

3. Election complaints. The Secretary of State shall develop an election complaint process that an election official and the public can use to report excessive wait times, noncompliance with election procedures or other concerns about the election process. Instructions for filing a complaint under this subsection must be included in the guide to election procedures under subsection 1 and posted at all polling places. The Secretary of State shall keep a record of and make public each complaint received under this subsection and any action taken in response to that complaint.

4. Maintenance of central voter registration system. The Secretary of State shall routinely monitor the central voter registration system and, at least once every 2 years, use the best means available to identify and resolve instances of a person registered in the system who is:

A. Registered in more than one municipality in the State;

B. Registered or has voted in another state;

C. Not a citizen of the United States; or

D. Deceased.

5. Election report. Within 12 months after a general election, the Secretary of State shall submit a report to the Legislature that includes for all elections since the prior general election:

A. A summary of all forms submitted under subsection 2;

B. A summary of all election complaints under subsection 3;

C. A summary of voters removed from the central voter registration system under subsection 4;

D. A summary of any recounts conducted, including a description of any discrepancies in vote totals and explanations for discrepancies when available; and

E. Recommendations for the remedy of any problems identified in the election process at the state or local level.

6. Rules. The Secretary of State may adopt routine technical rules as defined in Title 5, chapter 375, subchapter 2-A to carry out the purposes of this section.

Sec. 2. Deadline for publishing guide to election procedures. The Secretary of State shall publish a guide to election procedures pursuant to the Maine Revised Statutes, Title 21-A, section 610, subsection 1 no later than December 2, 2018.

Sec. 3. Secretary of State to develop pilot program for risk-limiting post-election audits. The Secretary of State shall conduct a study and develop a pilot program for conducting a post-election audit based on statistical principles designed to limit the risk that election returns may produce an incorrect outcome and by December 2, 2021 submit a report based upon the study with any recommended legislation to the joint standing committee of the Legislature having jurisdiction over veterans and legal affairs. The joint standing committee may report out a bill based upon the report to the Second Regular Session of the 130th Legislature.

summary

This bill requires the Secretary of State to:

1. Publish a guide to election procedures for public distribution and revise the guide annually to reflect current law, rules and procedures regarding elections;

2. Provide local election procedure and ballot reconciliation forms for local election officials to complete;

3. Develop an election complaint process;

4. Routinely monitor the central voter registration system;

5. Report to the Legislature on certain election issues within 12 months of a general election; and

6. Develop a pilot program for conducting a post-election audit.

SP0436 LD 1284	Session - 128th Maine Legislature		LR 1389 Item 1
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