Code of Maine Rules
29 - DEPARTMENT OF THE SECRETARY OF STATE
250 - BUREAU OF MOTOR VEHICLES
Bureau of Corporations, Elections and Commissions
Chapter 525 - RULES FOR ADMINISTERING THE CENTRAL ISSUANCE AND PROCESSING OF UOCAVA ABSENTEE BALLOTS
Section 250-525-5 - Processing of UOCAVA ballots on Election Day

Universal Citation: 29 ME Code Rules § 250-525-5

Current through 2024-38, September 18, 2024

Absentee Ballots received from UOCAVA voters shall be processed and counted centrally as authorized by 21-A M.R.S. §783, sub-§ 3.

1. Processing Time and Location Determined by Secretary of State. UOCAVA absentee ballots may be processed during any period prior to election day and on election day in which municipalities conducting elections are authorized bylaw to process absentee ballots, and on election day until all absentee ballots are processed. At least 7 days prior to the election, the Secretary of State shall determine the location and schedule for processing of UOCAVA absentee ballots. The Secretary of State also shall designate a time period prior to the starting time listed for processing for the public to examine absentee ballot applications and return envelopes. The Secretary of State shall post this information on its publicly accessible web site and provide written notice to the state party committees.

2. Envelopes and lists delivered. On each day or time designated for processing UOCAVA absentee ballots, the Secretary of State shall deliver or have delivered to the personnel authorized to process UOCAVA ballots the return envelopes prescribed by 21-A M.R.S. §752, sub -§3, with the applications attached, if applicable, and a copy of the list required by 21-A M.R.S. §753-B, sub-§ 6.

3. Processing procedure. The UOCAVA absentee ballots shall be processed by the appointed personnel using the list provided by the Secretary of State. Ballots may be processed in batches if the Secretary of State provides the ballots to the authorized personnel in that manner.

A. Signature of UOCAVA voter required. When a UOCAVA voter is issued an absentee ballot by the Secretary of State, the voter will be issued an affidavit form. A voter who is issued an absentee ballot by mail also will be issued a ballot return envelope which includes a space for the voter's signature. A UOCAVA voter must sign at least one of these documents (either the affidavit or the absentee ballot return envelope) in order for the ballot to be valid. If a ballot is returned by mail without a signature on either of these documents, the ballot must be rejected. A voter who returns a ballot by electronic means must complete and sign the affidavit and return it with the voted ballot in order for the ballot to be valid. If a ballot is returned by electronic means without a signature on the affidavit, the ballot must be rejected.

4. Secretary of State to provide ballot box. The Secretary of State shall provide an official ballot box or tabulator to be used by the personnel processing UOCAVA ballots in all state elections.

5. Ballot receipt deadline. In order to be valid, an absentee ballot must be received by the Secretary of State by 8 p.m. EST on election day. The ballot may be delivered by mail, in person or by an electronic means authorized by the Secretary of State.

6. Tabulating of absentee ballots. Personnel are authorized to hand count the ballots or use a ballot tabulator, as provided by the Secretary of State. Personnel shall count the ballots as provided in 21-A M.R.S. §§695 - 696 and the Rules for Determining Voter Intent. If ballots are being hand-counted, the Secretary of State may designate a time, not earlier than 10 a.m. on election day, when tallying of ballots may begin. Although personnel may tally individual lots of ballots during election day, they may not combine or tabulate the results from the individual lot tallies until after 8 p.m. on election day, and after all absentee ballots received by 8 p.m. have been processed.

7. Return of Votes Cast. After all absentee ballots have been processed and tabulated (either by an electronic tabulator or by handcounting), the warden shall complete the statewide Return of Votes Cast provided by the Secretary of State. The Return shall be completed pursuant to 21-A M.R.S. §711.

8. Materials returned to Secretary of State. Voted ballots and other voting materials shall be sealed and returned to the Secretary of State once all ballots have been counted and the results publicly declared. Materials shall be sealed as provided in 21-A M.R.S. §698.

9. Security of Voted Materials. The Secretary of State shall take appropriate measures to ensure the safety and security of all ballots. Ballots and voting equipment must be secured in an area that is accessible only by staff of the Division of Elections or other Secretary of State personnel.

10. Recount. If a recount is requested for an electoral district in which one or more UOCAVA absentee ballots were cast, the Secretary of State shall notify the State Police who shall take physical control of all ballots and related materials involved in the recount as soon as possible.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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