TITLE 21-A

[Audio] Title 21-A, Chapter 1 Election Officials.

[Audio] General Information An Election Official is a resident of the municipality appointed to support proper conduct of an election. A Public Official is appointed to serve people. When the word "SHALL" is used in Title 21-A, it is a direction that one "MUST" perform certain duties. When the word "MAY" is used, one has the choice of performing a duty. When a public official knowingly refuses to perform a mandatory duty, it is a class D crime..

[Audio] TITLE 21-A division of duties: Along with other responsibilities, the Secretary of State administers and coordinates State and Federal elections..

[Audio] Municipal Clerk means any clerk or deputy or assistant clerk of a municipality, directed to carry out the duties under Title 21-A The qualifications of a municipal clerk are: must be a US Citizen, 18 years or older and a Maine resident. Municipal clerks are either appointed or elected, depending on the municipality..

[Audio] TITLE 21-A division of duties: the Municipal Clerk serves as the supervisor of local elections Conducts absentee voting Coordinates Election Officials Provides instruction to election officials Coordinates Poll watchers Provides materials and equipment Advises Warden Completes and files reports to Secretary of State (as required) Performs CVR (Central Voter Registration) duties Receives training from Secretary of State, attend every 2 years Provides information to Registrar as requested Serves as Deputy registrar (automatic appointment) Notifies Secretary of State of new officials Performs other duties as necessary In a city, provided for in charter In a town, appoints warden and deputy wardens.

[Audio] Title 21-A division of duties: The Warden presides over the voting place. Qualifications for a warden: US Citizen 18 years or older Registered voter of the municipality, EXCEPT When warden is a non-resident Clerk When vacancy, resident of the COUNTY may serve as replacement on per election basis In a municipality that conducts TOWNSHIP elections, the municipal officials are not required to appoint a resident of the township as warden Warden does not have to be enrolled in political party Warden MAY NOT be an officer of a municipal committee of a political party The term of office of a Warden is determined by charter, or appointment.

[Audio] Specific duties of the Warden: Attend polls Maintain order Enforce Election Laws Supervise Election Officials Designate Locations for collection of signatures Oversee AVS (Accessible Voting System) Perform other duties In a city: determined by charter Warden MAY NOT replace Election Clerks or perform their duties The Deputy Warden is qualified by the same standards and performs all these same duties as the Warden..

[Audio] ELECTION CLERKS Qualifications: US citizen 18 years of age or older Exception: residents of a municipality or county who are 16-17 years of age and are conditionally registered to vote. Residents of the municipality or the county in which they serve Election Clerks are nominated by local political parties and appointed by municipal officers no later than April 1st of each general election year. However, the nominations from the parties are not required to be accepted by the municipal officers, and municipal officers may appoint any registered, enrolled voter..

[Audio] Election Clerk appointments are for 2 years and a balance of the parties of the appointed election clerks is required – there may never be more than one more of one major party than the other in attendance at the polls..

[Audio] Change of Enrollment for Election Clerks: Enrollment changes by Election Clerks MUST occur at least 156 days prior to Election Day Unenrolled MAY change at any time – enrollment is immediate Enrollment or party changes MUST remain in new party for 3 months – not just for Election Day MUST follow same procedure as any other voter: complete new voter registration card Election Clerks: Supervise the Incoming Voter List Oversee the Ballot Box Count Ballots Assist Warden Attend Polls Set up and operate AVS Performs other duties at Warden's request.

[Audio] The Registrar is the appointed Municipal Official who has exclusive power to determine voter eligibility and maintain the Central Voter Registration System (CVR), according to law. This includes any Deputy Registrars, if they have been appointed to perform all duties of the registrar. Qualifications US citizen 18 years of age or older Maine resident MAY NOT be and employee of a party or candidate, nor may they be an officer of a party (municipal, county or state) The Registrar MAY NOT hold or be a candidate for any state or county office, be a treasurer of a candidate, or a municipal officer as defined by Title 30-A in the electoral division in which they are appointed MAY not serve during a family member's candidacy for state, county or local office in the electoral division in which they are appointed Deputy Registrar MUST be appointed and the municipality MUST pay all costs.

[Audio] Registrar Selection Municipal Officers MUST appoint by May 1st of each odd numbered year Registrar remains in office for 2 years and until a successor is appointed and sworn All municipalities MUST have only one registrar – Deputies MAY be appointed Clerk may serve as registrar or Deputy Registrar – no incompatibility – separate offices Vacancy Municipal Officers SHALL appoint qualified registrar to serve remainder of term If Municipal Officers fail to appoint within 15 days, Clerk appoints Compensation Municipal Officers determine Municipality shall provide suitable space for the registrar and pay.

[Audio] Registrar The Registrar is the supervisor of the voter registration process. Duties Determines voter eligibility Processes new voter applications Processes voter changes Prepares and maintains voter lists and files Provides accurate information on voters Certifies voter status on petitions Receives training Attends caucuses Hold office hours Assist voters with alternative registration signature statement Performs other duties.

[Audio] Deputy Registrar The Deputy Registrar is the appointed municipal official who assists the registrar in supervising the voter registration process. Selection Registrar may appoint in writing, 1 or more If Clerk not Registrar, MUST be Deputy Registrar – with same authority as Registrar Qualification Same as Registrar Term of Office / Duties Serves at will of Registrar, except if the clerk is Deputy Registrar and the registrar leaves office – clerk becomes Registrar pro tem Clerk must be appointed as Deputy Registrar under new Registrar Deputy performs any of the duties as directed by Registrar.

[Audio] Registrations Appeals Board Municipalities with a population of 5,000 or more must have a Registration Appeals Board to hear appeals of persons aggrieved by a decision of the registrar for refusal of name removal or addition. In populations less than 5,000, Municipal Officers hear appeals. Appointment/Term 3 members, appointed by Municipal Officials Chair is nominated by Municipal Clerk, serves 4 years Two members are nominated by major parties, serve 3 years * Clerk and Registrar are ineligible Duties Chair receives written complaint, sets time and place for hearing immediately Board MUST give at least 20 days notice to complainant prior to hearing "De novo" hearing: Board conducts NEW hearing, does not simply review decision of registrar. Looks for errors in law application. Voter MUST have opportunity to testify and present witnesses/ evidence After hearing: Board makes decision, which MUST be provided to the voter in writing, including information on how to appeal decision Decision of the Appeal Board MAY be appealed to Superior Court.

[Audio] Ineligibility and Incompatibility of Office The following MAY NOT serve as election officials: Employee of a party or candidate Person having a direct pecuniary interest in the result of a referendum question Candidate or member of the candidate's immediate family (within same electoral division) This does not apply to: a candidate for warden or ward clerk, or the immediate family of the candidate for warden or ward clerk municipalities with a population of less than 500 Clerk in a contested election Any Clerk who is in a contested election for the office of clerk MAY NOT deliver, receive, accept, notarize or witness and absentee ballot, other than their own SHALL appoint Deputy or Assistant Clerk (municipality must pay all cost).

[Audio] Oath of Office Before assuming duties, a Municipal Official or Deputy MUST take and subscribe an oath or affirmation. Who may administer Moderator in open town meeting Municipal Clerk (not their own) Warden (only for Deputy Warden or Election Clerks) Dedimus Justice Notary Public Form of Oath A person who cannot take an oath MAY substitute and affirmation I do swear/affirm that I will: support the constitution of the United States and this State, and the charter/laws of the town/city of _________, so long as I shall continue a citizen thereof. So help me God (omit for affirmation) OR Faithfull discharge, to the best of my abilities, the duties incumbent on me as ___________, according to the Constitution and laws of the State, and the charter/laws of the town/city of ____________. So help me God. (omit for affirmation).

[Audio] Recording the Appointment The appointing authority appoints a municipal official in writing, signs appointment Clerk records election or appointment of each official or deputy Appointment records MUST include: Name of the official sworn Official's office Name of person administering oath Date when oath was taken Official administering oath MUST immediately return a completed oath certificate to the clerk, clerk properly records Notifying Secretary of State of Certain Appointments – in CVR Municipal Clerk or Deputy appointments - within 10 days Registrar of Voters – within 10 days.