§ 30-A §2528 — Secret ballot

The following provisions govern a town's use of a secret ballot for the election of town officials or for municipal referenda elections. A vote by secret ballot takes precedence over a vote by any other means at the same meeting.
1.
Acceptance by town.
When any town accepts this section at a meeting held at least 90 days before the annual meeting, the provisions of this section apply to the election of all town officials required by section 2525 to be elected by ballot, except the moderator, who shall be elected as provided in section 2524, subsection 2.
2.
Designation, number and terms of officials.
At the time of acceptance, the town shall determine, by a separate article in the warrant, which other officials are to be elected according to this section, and may determine the number and terms of members of the select board, assessors and overseers according to section 2526.
3.
Voting place specified; polls.
The warrant for a town meeting for the election of officials must specify the voting place, which must be in the same building or a building nearby where the meeting is to be held. The warrant for a town meeting for the election of officials that occurs at the same time as voting in federal, state or county elections, but not at the same time as a town meeting held for other purposes, may specify the same voting places as those used by the town for federal, state or county elections. The warrant must specify the time of opening and closing the polls, which must be kept open at least 4 consecutive hours.
4.
Nomination papers; caucuses.
The nomination for any office shall be made by nomination papers or by political caucus as provided in this subsection.
5.
Referendum questions.
By order of the municipal officers or on the written petition of a number of voters equal to at least 10% of the number of votes cast in the town at the last gubernatorial election, but in no case less than 10, the municipal officers shall have a particular article placed on the next ballot printed or shall call a special town meeting for its consideration. A petition or order under this subsection is subject to the filing provisions governing nomination papers under subsection 4.
6.
Ballots, specimen ballots and instruction cards.
The clerk shall prepare ballots, specimen ballots and instruction cards according to the following provisions.
6-A.
Candidate withdrawal; new ballots.
The following provisions govern the withdrawal of a candidate from an elective race.
6-B.
Inspection of ballots in an election.
Upon receipt of a package or box containing absentee ballots for an election, the municipal clerk may open the sealed package or box of ballots and verify that the ballots do not contain any errors and that the correct number of ballots has been received. The clerk may then proceed to issue absentee ballots in response to pending requests. Upon receipt of a package or box containing regular ballots for an election, the clerk may open, in the presence of one or more witnesses, the sealed package or box of ballots and verify that the ballots do not contain any errors and that the correct number of ballots has been received. Ballots to be used for testing electronic tabulating devices may be removed at this time and immediately marked with the word "TEST" across the front side of the ballot in black or blue indelible ink. The clerk shall keep a record of the number of ballots used for testing purposes and seal the record with the test ballots in a container labeled "TEST BALLOTS" at the conclusion of the testing. The clerk shall then reseal the package or box of regular ballots and secure the package or box of ballots until election day, when it is delivered to the warden at the polling place.
7.
Specimen ballot posted.
At least 4 days before the election, the clerk shall have posted in one or more conspicuous, public places a specimen ballot or a list, substantially in the form of a ballot, containing the name and office designation of each candidate.
8.
Ballot clerks.
Before the polls are opened, the municipal officers shall appoint the necessary number of ballot clerks as provided in Title 21‑A, section 503‑A. When there are vacancies after the polls are opened, the moderator shall appoint replacement clerks. The ballot clerks must be sworn before assuming their duties.
9.
After votes counted, ballots delivered to clerk.
After the ballot clerks have counted and tabulated the votes cast, the moderator shall deliver the ballots to the clerk who shall seal them in a suitable package and keep them in the clerk's office for 2 months.
10.
Election by plurality vote; tie vote.
Unless otherwise provided for at a municipal meeting held at least 180 days before the election, the provisions of this subsection apply. Election must be by plurality vote. In the case of a tie vote, the municipal clerk shall automatically initiate a recount. If a recount confirms a tie vote, the meeting must be adjourned to a day certain, when ballots are again cast for the candidates tied for the office in question, unless all but one tied candidate withdraw from a subsequent election by delivering written notice of withdrawal signed by the candidate and notarized to the municipal offices within the 7-day period following the election. After the 7-day period has expired, the municipal officers shall call a run-off election between the remaining candidates by posting a warrant in the manner required for calling a town meeting. If only one candidate remains, that candidate is declared the winner and sworn into office.

Legislative History

PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§A18-20,C8, C10 (AMD). PL 1991, c. 83, §§1,2 (AMD). PL 1991, c. 323 (AMD). PL 1993, c. 608, §§6-8 (AMD). PL 1995, c. 13, §1 (AMD). PL 1995, c. 102, §1 (AMD). PL 1997, c. 733, §1 (AMD). PL 2003, c. 569, §§1,2 (AMD). PL 2007, c. 19, §1 (AMD). PL 2017, c. 248, §9 (AMD). PL 2017, c. 475, Pt. C, §§9, 10 (AMD). PL 2019, c. 58, §2 (AMD). PL 2019, c. 64, §4 (AMD). PL 2019, c. 636, §20 (AMD). PL 2021, c. 185, §1 (AMD). PL 2021, c. 275, §33 (AMD). PL 2021, c. 564, §1 (AMD). PL 2025, c. 114, §3 (AMD).