[Local-Maine-Schools] How to correct an early vote if made in error

[Dick Atlee]

Brian sent this out earlier today, and it was held up by the list 
software due to not being sent directly to the list.  I'm forwarding it, 
and appending a note from the Attorney General's office, which may also 
be of use to anyone wishing to recast an early ballot.  BUT IT MUST BE 
DONE BEFORE THE MUNICIPALITY STARTS PROCESSING THE ABSENTEE BALLOTS -- 
i.e., pretty much first thing on Tuesday, unless you live in one of the 
64 places that has already started that processing.

-------- From Brian Hubbell -------------------------------------------

Subject: How to correct an early vote if made in error
From: Brian Hubbell <sparkflashgap at gmail.com>
Date: Mon, 1 Nov 2010 12:51:27 -0400

I have had a number of inquiries since yesterday from Maine voters who 
have cast early ballots which they now believe to be incorrect.

According to the Elections Division of Secretary of State, a voter may 
request a second ballot from their municipal clerk at any time up until 
the absentee ballots are tallied.

Attached to this email is a form that voters may use for such a request. 
  The same form is now also available through an on-line link at:

http://forum.mdischools.net/state/2nd-ballot-request

-------- From the AG's Office------------------------------------------

...[Regarding] absentee voters who wish to request a second absentee 
ballot on the grounds that their first ballot does not reflect their 
voter intent.  Title 21-A, section 753-B(4)(A) authorizes clerks to 
issue a second absentee ballot to an applicant who "states good cause, 
including, but not limited to, loss of, spoiling of or damage to the 
first absentee ballot."  The Secretary of State's office has not 
interpreted this in the past to include a voter changing his or her 
mind; however, it can be argued that this situation constitutes spoiling 
one's ballot.  The challenged ballot process seemed to provide the best 
method to allow voting to proceed while preserving a record and a way to 
resolve any disputes concerning interpretation of section 753-B(4)(A) at 
a later time.  Accordingly, any voter who wishes to show up in person at 
their town office (provided the town has not yet begun to process 
absentee ballots) to request a second absentee ballot on the grounds 
that their first ballot does not reflect their voter intent may do so 
and vote a challenged ballot. This means that the clerk will issue the 
second absentee ballot; if and when the second ballot and application is 
returned by the voter and accepted, the clerk will mark the first ballot 
as "rejected" (leaving the envelope sealed).  The clerk will then follow 
the procedure in 21-A M.R.S. section 673 to challenge the second ballot 
when it is processed.

This procedure will only work before the municipality has begun 
processing the absentee ballots.  64 towns and cities are processing 
ballots today; the remainder will be doing so at different times during 
the day tomorrow.  In addition, this procedure will only work if it is 
the voter making the request in person.  We do not see how a third party 
could make such a request pertaining to voter intent on the voter's 
behalf...
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