Sec. 3. 21-A MRSA §696, sub-§2, ¶¶D and E, as amended by PL 1997, c. 436, §101, are further amended to read:

D. If a voter writes in a name and municipality of residence, or pastes a sticker containing the candidate's name and municipality of residence in the write-in space pursuant to section 691, but does not mark the write-in indicator, that vote for that office may not be counted if a determination of choice under subsection 4 is possible.

E. If a voter writes in a write-in space a fictitious name, the name of a deceased person or the name of a person from outside the State who could not be a candidate for that office, the vote for that office may not be counted. A name written in this manner is not a distinguishing mark.

Sec. 4. 21-A MRSA §696, sub-§3, ¶C is enacted to read:

C.__A ballot is not defective if the Secretary of State has given prior approval for its use at the election.

Sec. 5. 21-A MRSA §696, sub-§4, as amended by PL 2001, c. 310, §41, is further amended to read:

4. Determination of choice possible. If a voter marks the voter's ballot in a manner that differs from the instructions at the top of the ballot but in such a manner that it is possible to determine the voter's choice, then the vote for the office or question concerned must be counted. A mark made on or in the voting indicator that differs from the instructions at the top of the ballot but that clearly indicates the voter's choice is not a distinguishing mark.

Sec. 6. 21-A MRSA §696, sub-§5, ¶A, as enacted by PL 2001, c. 310, §42, is amended to read:

A. A ballot on which a voter has clearly manifested an intention to make a distinguishing mark or to mark the ballot in a manner inconsistent with an honest purpose or to act in a fraudulent manner made a distinguishing mark is void.

Sec. 7. 21-A MRSA §696, sub-§6 is enacted to read:

6.__Guidelines.__The Secretary of State shall publish uniform guidelines for determining voter intent based on relevant case law and provisions of this Title.__These guidelines must be used as a reference by election officials in tabulating the