Maine Revised Statutes Title 21-A Sec. 103 – Registration appeals board
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In a city or town that has a population of 5,000 or more, if a person is aggrieved by the decision of the registrar of voters to cancel that person’s registration in the central voter registration system or to reject that person’s voter registration application, that person may appeal in writing to the registration appeals board. The appeal must be filed within 30 days after receipt of notice of the registrar’s decision. [PL 2019, c. 371, §4 (AMD).]
1. Population of 5,000 or over. The registration appeals board consists of 3 members who must be appointed as follows: The municipal committee of each of the major political parties shall nominate one member, who must be enrolled in the party of the municipal committee that nominates the member, and the municipal officers shall appoint the persons nominated by the municipal committees and the 3rd member must be nominated by the clerk of the municipality and appointed by the municipal officers. The clerk of the municipality may give the municipal committees of the political parties a list of qualifications necessary for a person to fulfill the duties of the registration appeals board, and the municipal committees shall take those qualifications into consideration when nominating members to the board. The 2 members of the board nominated by the municipal committees of the major political parties may be members of the municipal committee nominating them and of the county or state committees of the political party that nominates them and may be members of a state or county delegation to a political convention. When a municipal committee nominates a member to the registration appeals board, it shall also nominate an alternate board member, who serves if the member nominated by the municipal committee is or becomes unable to serve. The municipal clerk may not serve as a member or alternate member of the registration appeals board.
[PL 1997, c. 436, §19 (AMD).]
Terms Used In Maine Revised Statutes Title 21-A Sec. 103
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Central voter registration system: means a single electronic information system and database for voter registration information maintained by the Secretary of State and used by all municipal jurisdictions in the State. See Maine Revised Statutes Title 21-A Sec. 1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
- may: when used in this Title, is used in a permissive sense to grant authority or permission, but not to create duty, to act in the manner specified by the context. See Maine Revised Statutes Title 21-A Sec. 7
- municipal clerk: means the clerk, deputy clerk or assistant clerk, where directed by the clerk to carry out duties under this Title, of a municipality. See Maine Revised Statutes Title 21-A Sec. 1
- Municipal committee: means a city, town or ward committee of a political party. See Maine Revised Statutes Title 21-A Sec. 1
- Municipal officers: means the mayor and aldermen or councillors of a city, the members of the select board or councillors of a town and the assessors of a plantation. See Maine Revised Statutes Title 21-A Sec. 1
- Municipality: means a city, town or plantation. See Maine Revised Statutes Title 21-A Sec. 1
- Party: means a political organization which has qualified to participate in a primary or general election under chapter 5. See Maine Revised Statutes Title 21-A Sec. 1
- Population: means the population determined by the last Decennial Census of the United States. See Maine Revised Statutes Title 21-A Sec. 1
- Registrar: means the registrar or deputy registrar of voters of a municipality. See Maine Revised Statutes Title 21-A Sec. 1
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Testify: Answer questions in court.
- Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72
- Voter: means a person registered to vote. See Maine Revised Statutes Title 21-A Sec. 1
2. Population of 4,000 to 5,000.
[PL 1999, c. 426, §4 (RP).]
3. Term of office. Each member nominated by the municipal committees of the major political parties and appointed to the board shall serve for 3 years and until the member’s successor is appointed and sworn. The member nominated by the clerk of the municipality and appointed to the board shall serve for 4 years and until that member’s successor is appointed and sworn.
[PL 1995, c. 459, §8 (AMD).]
4. Chair of the board. The member nominated by the clerk of the municipality is chair of the board.
[RR 2019, c. 2, Pt. B, §35 (COR).]
5. Vacancy. When there is a vacancy on the board, the alternate board member nominated by the municipal committee of the political party of the former incumbent shall serve. If an alternate is not available, the municipal officers shall appoint a qualified person nominated by the municipal committee of the party of the former incumbent to fill the vacancy. If the vacancy is in the office of the chair of the board, the municipal officers shall appoint a qualified person nominated by the clerk of the municipality to fill the vacancy. Vacancies must be filled for the remainder of the term of office.
[PL 1991, c. 466, §2 (AMD).]
6. Appeal hearing. Upon receipt of a complaint by a person aggrieved by the decision of the registrar, the chair of the registration appeals board shall immediately fix a time and place for the board to meet for a prompt hearing. The voter must be given written notice of the hearing at least 20 days in advance and must have the opportunity to testify and to present witnesses and other evidence at the hearing. The hearing is de novo. After hearing, the board may affirm, modify or reverse the decision of the registrar of voters. The board shall issue the decision to the voter in writing and shall provide information on how the voter may appeal the decision. The aggrieved person may appeal the decision of the board to the Superior Court in accordance with Rule 80B of the Rules of Civil Procedure.
[PL 2009, c. 253, §9 (AMD).]
7. Actions of the registration appeals board. A registration appeals board may only act by unanimous or majority action.
[PL 1995, c. 459, §10 (RPR).]
8. Removal from office. A member of the board may be removed from office at any time during the member’s term by the appointing authority if the appropriate nominating authority nominates a replacement. Any replacement member shall serve out the remainder of the replaced member’s term.
[PL 1995, c. 459, §11 (AMD).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW). PL 1985, c. 614, §4 (AMD). PL 1991, c. 466, §§2,3 (AMD). PL 1991, c. 862, §§1,2 (AMD). PL 1995, c. 56, §§1,2 (AMD). PL 1995, c. 56, §3 (AFF). PL 1995, c. 459, §§4-11 (AMD). PL 1997, c. 436, §19 (AMD). PL 1999, c. 426, §§4,5 (AMD). PL 2005, c. 453, §9 (AMD). PL 2007, c. 455, §4 (AMD). PL 2009, c. 253, §9 (AMD). PL 2019, c. 371, §4 (AMD). RR 2019, c. 2, Pt. B, §35 (COR).