Maine § 21-A §696 Challenged, defective or void ballots

Maine Statutes

§ 21-A §696 — Challenged, defective or void ballots

Maine·Title 21-A ELECTIONS·Ch. 9 CONDUCT OF ELECTIONS

The counting of ballots is governed by the following provisions.

1.Challenged ballot. A challenged ballot must be counted the same as a regular ballot. The validity of a challenged ballot need not be determined unless it affects the results of an election.

2.Invalid vote. A vote for an office, candidate or question held to be invalid by the warden, ward clerk or deputy warden may not be counted for that office, candidate or question as follows.

3.Defective ballots. A ballot held to be defective by the warden, ward clerk or deputy warden may not be counted.

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 f

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The counting of ballots is governed by the following provisions.
1.
Challenged ballot.
A challenged ballot must be counted the same as a regular ballot. The validity of a challenged ballot need not be determined unless it affects the results of an election.
2.
Invalid vote.
A vote for an office, candidate or question held to be invalid by the warden, ward clerk or deputy warden may not be counted for that office, candidate or question as follows.
3.
Defective ballots.
A ballot held to be defective by the warden, ward clerk or deputy warden may not be counted.
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.
5.
Void ballots.
A ballot held to be void by the warden, ward clerk or deputy warden may not be counted.
6.
Rules.
The Secretary of State is authorized to adopt rules pursuant to Title 5, chapter 375, subchapter 2‑A for determining voter intent based on relevant case law and provisions of this Title. These rules must be used by election officials in tabulating the results of state and local elections and in all recounts conducted pursuant to this Title. A copy of the rules must be included with the instructional materials provided to the clerk, registrar and election officials in each municipality pursuant to section 605‑A, subsection 1 and must be used by the Secretary of State in the training of election officials pursuant to section 505. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.

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Legislative History

PL 1985, c. 161, §6 (NEW). PL 1985, c. 357, §§4,19 (AMD). PL 1993, c. 473, §23 (AMD). PL 1993, c. 473, §46 (AFF). PL 1995, c. 459, §64 (AMD). PL 1997, c. 436, §§100-102 (AMD). PL 2001, c. 310, §§39-42 (AMD). PL 2003, c. 298, §§2,3 (AMD). PL 2003, c. 395, §5 (AMD). PL 2005, c. 404, §§3-7 (AMD). PL 2005, c. 568, §16 (AMD). PL 2007, c. 455, §38 (AMD). PL 2009, c. 253, §§32, 33 (AMD). PL 2011, c. 342, §25 (AMD). PL 2017, c. 141, §1 (AMD). PL 2019, c. 320, §5 (AMD). PL 2023, c. 304, Pt. A, §12 (AMD).