Code of Maine Rules
29 - DEPARTMENT OF THE SECRETARY OF STATE
250 - BUREAU OF MOTOR VEHICLES
Bureau of Corporations, Elections and Commissions
Chapter 550 - RULES FOR DETERMINING VOTER INTENT
Section 250-550-2 - DEFECTIVE AND VOID BALLOTS

Universal Citation: 29 ME Code Rules ยง 250-550-2

Current through 2024-38, September 18, 2024

1. Defective ballots. A ballot that is not designed and printed in accordance with the requirements of Title 21-A is defective and should be handled in accordance with Title 21-A section 696, subsection 3. A defective ballot that has been cast by a voter may be counted only in accordance with the following rules:

A. The ballot may not be counted if it is photocopy of a ballot, produced on a copy machine, unless it was produced by the election officials under the express authorization of the Secretary of State's office in the event of an emergency pursuant to 21-A M.R.S.A. §604.

B. The ballot may not be counted if it is a sample ballot.

C. If the ballot is not completely printed, or if the printing is illegible, only those votes in candidate races and ballot questions for which the printing is legible and complete may be counted.

D. If the ballot was prepared for a different municipality or voting district, outside the voting jurisdiction where the ballot was cast, then only the votes in candidate races and ballot questions applicable to the jurisdiction where the ballot was cast may be counted.

E. If the ballot has been torn or crumpled, then it must be hand counted, and the votes counted only in those candidate races and ballot questions for which the ballot remains legible and voter intent may be determined in accordance with section 4 of these rules.

2. Void ballots. A ballot may not be counted if it contains a mark of a type or in a place that is not specifically permitted, and which indicates an apparent intent of the voter to distinguish the ballot from other ballots for a fraudulent or dishonest purpose. This is considered to be a "distinguishing mark," as defined in Title 21-A section 1, subsection 13.

A. Any of the following markings will be considered to be a distinguishing mark that requires the ballot to be rejected as void:
1 The name of an individual who is determined by election officials to be a voter in the voting jurisdiction, except where the name has been written in the space for a write-in candidate;

2 A number, other than a number placed by an election official to indicate a challenged ballot pursuant to 21-A M.R.S.A. §673(3), where it appears that the voter's intent was to enable a person to determine who cast the ballot;

3 A unique symbol, where it appears that the voter's intent was to enable a person to determine who cast the ballot; or

4 A comment or statement indicating the identity of the voter, either individually or as a member of an identified group, where it appears that the voter's intent was to enable a person to determine who cast the ballot.

B. The following types of markings are not considered to be a distinguishing mark unless made in such a manner, or of such a character, as to manifest an intent to make the ballot distinguishable from other ballots for a fraudulent or dishonest purpose:
1 a stray mark on the ballot;

2 initials placed next to an erasure or cross-out of a voting indicator, which appear to have been written there by the voter merely to indicate that he or she made the change;

3 a mark made on or in the voting indicator or near the candidate's name, or in or near the space for a write-in candidate, in a manner that differs from the instructions at the top of the ballot; or

4 the name of a fictitious person, a deceased person, or a person from outside the State who could not be a candidate for office, written in the space for a write-in candidate.

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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.