Maine Revised Statutes Title 21-A Sec. 503-A – Election clerks
Current as of: 2023 | Check for updates
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Election clerks are governed by the following provisions. [PL 2019, c. 64, §2 (NEW).]
1. Qualifications; compensation. Election clerks must be at least 18 years of age, must be registered to vote and must be residents of the municipality or the county in which they serve, except that residents of a municipality or county who are 16 years of age and who are conditionally registered to vote pursuant to section 155 also qualify to serve as election clerks. Election clerks are entitled to reasonable compensation as determined by the municipal officers.
[PL 2021, c. 273, §9 (AMD).]
Terms Used In Maine Revised Statutes Title 21-A Sec. 503-A
- Election year: means the calendar year within which a particular election is held. See Maine Revised Statutes Title 21-A Sec. 1
- General election: means the regular election of state and county officials occurring biennially in November. See Maine Revised Statutes Title 21-A Sec. 1
- Major party: means a political party polling the greatest or the next greatest number of votes cast for Governor at the last gubernatorial election. See Maine Revised Statutes Title 21-A Sec. 1
- 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
- Minor party: means a political party other than a major party. See Maine Revised Statutes Title 21-A Sec. 1
- 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 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
- Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72
- Oath: A promise to tell the truth.
- 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
- Voter: means a person registered to vote. See Maine Revised Statutes Title 21-A Sec. 1
- Voting place: means the building in which ballots are cast at an election. See Maine Revised Statutes Title 21-A Sec. 1
- Warden: means the presiding officer at a voting place. See Maine Revised Statutes Title 21-A Sec. 1
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Nomination. All nominations for election clerks must be submitted to the municipal officers by April 1st of each general election year. Nominations may be submitted by the municipal, county or state committees of the parties, by the municipal clerk or by any registered voter in the municipality or county.
[PL 2019, c. 64, §2 (NEW).]
3. Appointment. The municipal officers shall appoint election clerks by May 1st of each general election year to serve at each voting place during the time the polls are open and as counters after the polls close. In making the appointments, the municipal officers shall consider all nominations received by April 1st but may appoint any qualified voters. The municipal officers shall appoint a sufficient number of election clerks to meet the requirements of subsections 4 and 5. A list of the election clerks appointed under this subsection must be posted at each voting place for each election during the 2?year term following appointment. For each election, the municipal clerk shall select the election clerks from the list of appointees and assign their duties.
[PL 2019, c. 64, §2 (NEW).]
4. Minimum number of election clerks. There must be at least 2 election clerks, one from each of the major parties, selected from the list of appointees to serve at each voting place during the entire time the polls are open and as counters after the polls close. The municipal clerk may select additional election clerks for each voting place as needed in accordance with subsection 5.
[PL 2019, c. 64, §2 (NEW).]
5. Selection of additional clerks; representation of parties. If a municipality requires more election clerks than the minimum number prescribed in subsection 4, the municipal clerk must select additional election clerks from the list of appointees to work at each election as follows.
A. The number of election clerks selected from one major party may not exceed the number of election clerks from another major party by more than one. [PL 2019, c. 64, §2 (NEW).]
B. The number of election clerks selected from the major parties must comprise at least half of the total number of election clerks selected. The remaining number of election clerks may be enrolled in a minor party or may be unenrolled. [PL 2019, c. 64, §2 (NEW).]
C. If the municipal officers did not appoint a sufficient number of election clerks representing the major parties or there is an insufficient number of appointees from the major parties who are available to serve at an election, the municipal clerk may select as many election clerks from minor parties or who are unenrolled as needed to serve at that election. [PL 2019, c. 64, §2 (NEW).]
[PL 2019, c. 64, §2 (NEW).]
6. Vacancies. Notwithstanding subsection 5, if a sufficient number of appointed election clerks are not available to serve on election day, the municipal clerk may appoint the necessary number of election clerks, without regard to party affiliation, to fill the vacancies at that election.
[PL 2019, c. 64, §2 (NEW).]
7. Oath of office. Before assuming the duties of office, election clerks are sworn by the municipal clerk or the warden, and the oath is recorded.
[PL 2019, c. 64, §2 (NEW).]
8. Term of office. An election clerk holds office for 2 years from the date of appointment and until a successor is appointed and qualified.
[PL 2019, c. 64, §2 (NEW).]
9. Duties. Election clerks shall attend the voting places for which they are appointed at each election during the time the polls are open or during the counting of the ballots after the polls close, as required by the terms of their appointment. They are under the direction of the warden and shall assist the warden as requested.
[PL 2019, c. 64, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 64, §2 (NEW). PL 2021, c. 273, §9 (AMD).