Printed on recycled paper
132nd MAINE LEGISLATURE
FIRST REGULAR SESSION-2025
Legislative Document No. 1149I.B. 1 House of Representatives, March 20, 2025
An Act to Require an Individual to Present Photographic
Identification for the Purpose of Voting
Transmitted to the Clerk of the 132nd Maine Legislature by the Secretary of State on
March 19, 2025 and ordered printed.
ROBERT B. HUNT
Clerk Page 1 - 132LR2495(01)
1
2 as amended by PL 2019, c. 371, §20, is further
3 amended to read:
4
5 identification and state the voter's name and residence address to an election clerk, who
6 shall announce the name in a loud, clear voice. If the voter's stated residence address is
7 different from the residence address listed on the incoming voting list, the voter must be
8 directed to complete an updated voter registration application before voting.
9 is enacted to read:
10
11 following provisions govern voters who do not present photographic identification
12 pursuant to subsection 1.
13 A. If a voter does not have or is unable to present photographic identification to an
14 election clerk, an election official shall challenge the voter's right to vote under section
15 673 and the voter may cast a ballot pursuant to section 673.
16 B. Notwithstanding section 673, for a challenged ballot to be eligible to be counted
17 when it is cast by an individual who does not have photographic identification because
18 the individual has a religious objection to being photographed, the individual must
19 complete an affidavit of religious objection. An election official shall attach the
20 affidavit to the individual's challenged ballot envelope. If the individual does not
21 complete the affidavit at the time of casting the challenged ballot, the individual may
22 appear before the registrar within 4 days after the date of the election and complete the
23 affidavit.
24 (1) The Secretary of State shall prescribe the form of the affidavit of religious
25 objection, which must be substantially as follows:
26 "Affidavit of Religious Objection
27 I, …………………………………………. (first and last name of individual),
28 declare under penalty of unsworn falsification that I do not have photographic
29 identification because I have a sincere religious objection to being photographed.
30 The last 4 digits of my Social Security number are:………………………………
31 ……………………………………………………………………………………..
32 (Signature of individual)
33 WHOEVER COMMITS UNSWORN FALSIFICATION COMMITS A CLASS D
34 CRIME."
35 (2) Upon receiving a completed affidavit of religious objection, the registrar shall
36 transmit the information in the affidavit to the Secretary of State. The Secretary of
37 State shall consult the database of the Department of the Secretary of State, Bureau
38 of Motor Vehicles to determine whether the Secretary of State issued a currently
39 unexpired photographic identification to the individual and shall notify the
40 registrar of the result. Page 2 - 132LR2495(01)
1 (3) An affidavit of religious objection is not valid if the last 4 digits of the
2 individual's social security number as provided on the affidavit are different from
3 the last 4 digits of the individual's social security number in the statewide voter
4 registration database or if the Secretary of State has issued a currently unexpired
5 photographic identification to the individual.
6 C. Notwithstanding section 673 and except as provided under paragraph B, for a
7 challenged ballot to be eligible to be counted when it is cast by an individual who does
8 not have or is unable to present photographic identification to the election clerk, the
9 individual who cast that ballot, within 4 days after the date of the election, must appear
10 before the registrar and present photographic identification.
11 is enacted to read:
12
13
14 impose a fee for the issuance of a nondriver identification card when an individual does not
15 have a valid Maine driver's license and will be at least 18 years of age by the next general,
16 municipal or special election. The Secretary of State shall establish procedures through
17 rulemaking for the issuance of nondriver identification cards pursuant to this subsection.
18 Rules adopted pursuant to this subsection are major substantive rules under Title 5, chapter
19 375, subchapter 2-A.
20 is enacted to read:
21
22 following terms have the following meanings.
23 A. "Driver's license" means a license or permit issued by the Secretary of State under
24 Title 29-A, chapter 11 that authorizes an individual to operate a motor vehicle.
25 "Driver's license" includes a driver's license, commercial driver's license, restricted
26 license, motorcycle operator's license or learner's permit.
27 B. "Interim identification form" means a document issued by the Secretary of State to
28 an applicant for a driver's license or nondriver identification card that contains all of
29 the information otherwise found on the license or card and that an applicant may use
30 as a form of identification until the physical license or card arrives in the mail.
31 C. "Nondriver identification card" means a card issued by the Secretary of State under
32 Title 29-A, section 1410.
33 D. "Photographic identification" means one of the following documents that includes
34 the individual's name and photograph and is not expired:
35 (1) A Maine driver's license, Maine nondriver identification card or Maine interim
36 identification form;
37 (2) A United States passport or United States passport card; or
38 (3) A United States military identification card, Maine National Guard
39 identification card or United States Department of Veterans Affairs identification
40 card.
41 as corrected by RR 2011, c. 2, §21, is
42 amended by amending subparagraph (8) to read: Page 3 - 132LR2495(01)
1 (8) Communicated with someone as prohibited by section subsection 1,
2 paragraph B or subsection 3, paragraph B or D;
3 as corrected by RR 2011, c. 2, §21, is
4 amended by amending subparagraph (11) to read:
5 (11) Committed any other specified violation of this Title; or
6 as corrected by RR 2011, c. 2, §21, is
7 amended by amending subparagraph (12) to read:
8 (12) Voted using the wrong ballot for the appropriate electoral district or political
9 party, if applicable. ;
10 as corrected by RR 2011, c. 2, §21, is
11 amended by enacting a new subparagraph (13) to read:
12 (13) Did not present photographic identification, as defined in section 671,
13 subsection 11, paragraph D;
14 as corrected by RR 2011, c. 2, §21, is
15 amended by enacting a new subparagraph (14) to read:
16 (14) Submitted an absentee ballot with a signature that does not correspond with
17 the person's registration signature; or
18 as corrected by RR 2011, c. 2, §21, is
19 amended by enacting a new subparagraph (15) to read:
20 (15) Submitted an absentee ballot without the identification required under section
21 754-A, subsection 1-A.
22 as enacted by PL 2021, c. 273, §12, is
23 amended to read:
24
25 drop box that meets the requirements of this section. The secured drop box may be used
26 by voters who are authorized to return absentee ballots in a secured drop box pursuant to
27 section 754‑A, subsection 1 1-A, paragraph D C.
28 as enacted by PL 2021, c. 273, §12, is
29 amended to read:
30
31 located outside the municipal office building or the building where in-person absentee
32 voting takes place before an election of the registrar, on the property on which the office
33 of the registrar is located. If the secured drop box is positioned within or against an outside
34 wall of the municipal office building, it must be bolted or otherwise securely fastened to
35 the wall or to the deck or landing to prevent its removal by an unauthorized person.
36 Otherwise, the secured drop box must be securely affixed to a post that is sunk into the
37 ground, affixed to a post that is set into a concrete pad or bolted or otherwise securely
38 affixed to a platform or other structure in a manner that prevents removal of the drop box
39 by an unauthorized person.
40 A municipality may seek approval from the Secretary of State to obtain and install an
41 additional secured drop box or boxes at other locations within the municipality by Page 4 - 132LR2495(01)
42 certifying to the Secretary of State at least 90 days before the election that the additional
43 secured drop box or boxes meet all of the requirements of this section, other than the
44 requirement that the secured drop box be located outside of the municipal office building
45 or the building where in-person absentee voting takes place before an election have only
46 one secured drop box.
6 as enacted by PL 2021, c. 273, §12, is
7 amended to read:
8
9 used only for the return of absentee ballots and not for the deposit of other municipal office
10 filings during the absentee voting period. During the absentee voting period, only the
11 municipal clerk or designees bipartisan team of election officials under subsection 8 may
12 possess the key to the secured drop box or have access to the contents of the secured
13 collection box. If items other than returned absentee ballots are deposited in the secured
14 drop box during the absentee voting period, the municipal clerk or designees bipartisan
15 team of election officials shall deliver those items to the appropriate municipal official.
16 as enacted by PL 2021, c. 273, §12, is
17 amended to read:
18
19 clerk or a team of 2 people designated by the clerk a bipartisan team of election officials
20 shall periodically remove absentee ballots from each secured drop box and deliver the
21 absentee ballots to the clerk's office to be stored in a secure manner. At a minimum,
22 absentee ballots must be removed from each secured drop box by the clerk or team of 2
23 designees bipartisan team of election officials:
24 A. At least once on each day that the clerk's office is open during the absentee voting
25 period;
26 B. At all additional times necessary to ensure that additional absentee ballots deposited
27 in the secured drop box fit within the secured collection box and are not accessible to
28 unauthorized persons; and
29 C. At 8 p.m. on election day.
30 The identity of the persons who remove the absentee ballots from each secured drop box
31 and the date and time that the absentee ballots are removed must be recorded on a form
32 designed by the Secretary of State and initialed or signed by the clerk or team of 2 designees
33 bipartisan team of election officials who removed the absentee ballots.
34 as enacted by PL 2021, c. 273, §12, is
35 amended to read:
36
37 2 designees bipartisan team of election officials under subsection 8 shall lock the secured
38 drop box at 8 p.m. on election day to prevent the deposit of additional absentee ballots in
39 the secured drop box.
40 as amended by PL 2021, c. 273, §13, is
41 repealed and the following enacted in its place:
1
2
3
4
5 Page 5 - 132LR2495(01)
1
2 subchapters 2 and 3 and in section 780, a voter desiring an absentee ballot for an election
3 shall deliver a written application for that ballot, either in person or by mail, to the registrar
4 of the municipality in which the voter's voting residence is located.
5 A. Except as otherwise permitted under section 780, the application must be on a form
6 prescribed by the Secretary of State and must contain all of the following:
7 (1) The voter's name;
8 (2) The voter's signature;
9 (3) The address at which the voter is registered to vote;
10 (4) The voter's date of birth;
11 (5) One of the following:
12 (a) The voter's Maine driver's license or nondriver identification card number;
13 or
14 (b) A copy of the voter's photographic identification as defined in section 671,
15 subsection 11, paragraph D;
16 (6) A statement identifying the election for which an absentee ballot is requested;
17 (7) A statement that the person requesting the absentee ballot is a voter;
18 (8) If the request is for an absentee ballot for a primary election, the voter's party
19 affiliation; and
20 (9) If the voter desires an absentee ballot to be mailed to the voter, the address to
21 which that absentee ballot must be mailed.
22 B. If the voter needs assistance pursuant to subsection 5, the following information, in
23 addition to the information required in paragraph A, must be provided in order for the
24 application or written request to be accepted by the clerk:
25 (1) The printed name and signature of the person who helped the voter; and
26 (2) A statement that the aide helped the voter by either reading or signing the
27 application, or both.
28 C. If the voter wishes to have the ballot delivered or returned by a 3rd person, the
29 following information, in addition to the information required in paragraph A, must be
30 provided in order for the application or written request to be accepted by the clerk:
31 (1) The name of the 3rd person whom the voter has designated. A 3rd person may
32 only be designated in an application or written request that is signed by the voter.
33 D. Notwithstanding paragraph A, if a voter is certified by the Secretary of State as a
34 program participant in the Address Confidentiality Program, as described in Title 5,
35 section 90-B and Title 21-A, section 753-C, that voter may provide the voter's program
36 participant designated address instead of the address at which the voter is registered to
37 vote.
38 E. An application to receive an absentee ballot must be delivered to the registrar not
39 earlier than the first day of January of the year of the election for which the absentee
40 ballot is requested or not earlier than 90 days before the day of the election at which Page 6 - 132LR2495(01)
41 the absentee ballot is to be cast, whichever is earlier, and not later than the close of
42 business on the 7th day before the day of the election at which the absentee ballot is to
43 be cast.
4 F. The Secretary of State shall adopt rules to implement this subsection. Rules adopted
5 pursuant to this paragraph are major substantive rules under Title 5, chapter 375,
6 subchapter 2-A.
7 as amended by PL 2003, c. 447, §29, is
8 repealed.
9 as amended by PL 2021, c. 273, §14, is
10 further amended to read:
11
12 applications by the electronic means authorized by the Secretary of State. The Secretary
13 of State shall design or approve the form of the absentee ballot application to be submitted
14 by electronic means, and the form must require all of the information required under
15 subsection 3.
16 A voter may make an application for the voter's own ballot by electronic means using the
17 form designed or approved by the Secretary of State. The voter may not designate an
18 immediate family member or a 3rd person to deliver the ballot on the voter's behalf. An
19 electronic application must be accepted by the clerk if it contains the voter’s name, the
20 voter’s date of birth, the voter’s residence address or other address sufficient to identify the
21 voter and, if applicable, a different address to which the applicant requests the ballot be
22 sent or delivered all of the information required under subsection 3. The clerk shall verify
23 that it is the voter who is requesting the ballot by confirming the voter's residence address
24 and , date of birth and identification information provided under subsection 3, paragraph A,
25 subparagraph (5) with the information in the voter's record. The clerk shall print the
26 electronically submitted application and write "electronic request" on the application.
27
28 and affected by §§37 and 39 and amended by c. 404, §1 and affected by §2, is repealed.
29 as amended by PL 2021, c. 398, Pt. UUUU,
30 §5 and affected by PL 2023, c. 304, Pt. A, §37, is repealed and the following enacted in its
31 place:
32
33 ballot that does not contain all of the required information or is not submitted on an
34 appropriate form, the clerk promptly shall notify the applicant of the additional information
35 required to be provided by the applicant to complete that application, direct the applicant
36 to use an appropriate form, or both, as applicable.
37 A. Upon receipt by the clerk of an application for an absentee ballot that contains all
38 of the required information and is submitted on an appropriate form, as provided by
39 section 753-A, the clerk, if the clerk finds that the applicant is a voter, shall deliver to
40 the applicant in person or mail directly to the applicant by special delivery mail, air
41 mail or regular mail, an absentee ballot. The clerk shall deliver or mail with the
42 absentee ballot an unsealed identification envelope upon the face of which must be
43 printed a form substantially as follows:
1
2
3 Page 7 - 132LR2495(01)
1 "Identification Envelope Statement of Voter
2 I, ………………………………. (Name of voter), declare under penalty of
3 unsworn falsification that the within ballot or ballots contained no voting
4 marks of any kind when I received them, and I caused the ballot or ballots to
5 be marked, enclosed in the identification envelope, and sealed in that envelope.
6 My voting residence in Maine is
7 …………………………………………………………………………………
8 (Street and Number, if any, or Rural Route and Number)
9 of ……………………………………….. (City, Town, or Township), Maine.
10 If I have a confidential voter registration record, I am providing my program
11 participant designated address instead of my residence address:
12 ………………………………
13 The primary election ballots, if any, within this envelope are primary election
14 ballots of the …………………. Party.
15 Ballots contained within this envelope are to be voted at the …………
16 (general, special, or primary) election to be held on the
17 …………………………………. day of ………………………………, …….
18 My date of birth is …………………. (Month and Day), ……………. (Year).
19 (Voter must provide one of the following:)
20 My Maine driver's license or nondriver identification card number is
21 …………………… (Driver's license or nondriver identification card number).
22 ………. In lieu of providing a driver's license or nondriver identification card
23 number, I am enclosing a copy of my photographic identification in the return
24 envelope in which this identification envelope will be mailed.
25 I hereby declare, under penalty of unsworn falsification, that the statements
26 above are true, as I verily believe.
27 …………………………………..
28 (Signature of Voter)
29 WHOEVER COMMITS UNSWORN FALSIFICATION COMMITS A
30 CLASS D CRIME."
31 B. The clerk shall mail with the absentee ballot and the unsealed identification envelope
32 an unsealed return envelope upon the face of which must be printed the address of the
33 clerk. In the upper left corner on the face of the return envelope, several blank lines
34 must be printed upon which the voter may write the voter's name and return address.
35 The return envelope must be of such size that the identification envelope can be placed
36 within it for returning the identification envelope to the clerk.
37 A public office, or public official or employee who is acting in an official capacity,
38 may not prepay the return postage for an absentee ballot.
39 Except as otherwise provided in this subsection and in section 672, an election official
40 may not fill out any portion of an identification envelope statement of a voter or an Page 8 - 132LR2495(01)
41 absentee ballot on behalf of a voter. A clerk may preprint only a voter's name and
42 address on an identification envelope statement of a voter before mailing an absentee
43 ballot to a voter, except that if the voter is certified by the Secretary of State as a
44 program participant in the Address Confidentiality Program pursuant to Title 5, section
45 the clerk may not preprint the voter's address on the identification envelope
46 statement of the voter.
7 The Secretary of State may adopt rules to implement this subsection. Rules adopted
8 pursuant to this subsection are major substantive rules under Title 5, chapter 375,
9 subchapter 2-A.
10 as amended by PL 2019, c. 371, §36, is
11 repealed.
12 is enacted to read:
13
14 of an absentee ballot.
15 A. When a voter receives an absentee ballot pursuant to the voter's application or
16 request, the voter shall, before placing any marks on the ballot, note whether there are
17 any voting marks on it. If there are any voting marks, the ballot must be returned
18 immediately to the clerk; otherwise, the voter shall cause the ballot to be marked,
19 folded in a manner that the stub on it and the indorsement and facsimile signature of
20 the registrar on the back of it are visible, and placed and sealed within the identification
21 envelope received from the clerk for that purpose. Then, the voter shall cause the
22 statement of the voter on the outside of the identification envelope to be completed and
23 signed, under penalty of unsworn falsification, as provided in Title 17-A, section 453.
24 The voter shall provide one of the following:
25 (1) The voter's Maine driver's license or nondriver identification card number on
26 the statement of the voter on the identification envelope; or
27 (2) A copy of the voter's photographic identification as defined in section 671,
28 subsection 11, paragraph D in the return envelope with the identification envelope.
29 B. The voter may mail the identification envelope to the clerk in the return envelope,
30 the voter may personally deliver it to the clerk or an immediate family member may
31 personally deliver it to the clerk. The return envelope must be returned by no other
32 person, in no other manner, and to no other location, except as otherwise provided in
33 subsection 3, paragraph F.
34 C. If the clerk maintains multiple offices in the municipality, the clerk may designate
35 any of its offices for the return of absentee ballots under this subsection, as long as the
36 clerk designates only one office to which absentee ballots must be returned under this
37 section. The clerk may place not more than one secured drop box outside the office of
38 the clerk, on the property on which the office of the clerk is located, for the purpose of
39 receiving absentee ballots under this section. For purposes of this paragraph, "secured
40 drop box" has the same meaning as in section 752-B, subsection 1, paragraph B.
41 as amended by PL 1999, c. 645, §7, is
42 repealed.
43 is enacted to read:
1
2
3
4
5
6 Page 9 - 132LR2495(01)
1
2 ballots must be delivered to the clerk not later than the close of the polls on the day of an
3 election. As provided in section 755, an absentee ballot must be delivered to the clerk at
4 any time before the polls are closed in order for the absentee ballot to be valid.
5 A. The Secretary of State may adopt rules to implement this subsection. Rules adopted
6 pursuant to this subsection are major substantive rules under Title 5, chapter 375,
7 subchapter 2-A.
8 as amended by PL 1999, c. 645, §7, is
9 further amended to read:
10
11 the ballot because of the voter's physical disability, illiteracy or religious faith must vote
12 according to the procedures in this subsection instead of the procedures in subsection 1 1-A
13 or 2.
14 A. A voter who needs assistance may request another person, other than the voter's
15 employer or agent of that employer or officer or agent of the voter's union, to assist the
16 voter in reading or marking the ballot.
17 B. The voter or the aide must mark the ballot in the presence of one of the following
18 witnesses: Notary public, clerk of a municipality, clerk of courts or another individual.
19 C. The voter or the aide, before marking the ballot, must show it to the witness who
20 must examine it to be certain it is unmarked.
21 D. While the voter or the aide is marking the ballot, there may be no communication
22 between the voter and any individual, other than the aide who must mark the ballot as
23 the voter indicates, as to the person or question for which the voter is to vote.
24 E. The voter or the aide must mark the ballot according to section 691 or 692 so that
25 it is impossible for anyone else present to see how the voter voted, then seal the ballot
26 in its return envelope. The voter, or the aide at the voter's request, shall complete and
27 sign the affidavit in the presence of the witness, who shall sign the witness certification.
28 The aide must complete and sign the certification for aides on the outside of the
29 envelope.
30 F. The voter or the aide must then complete the address on the envelope and mail or
31 deliver it personally or by the 3rd person who was designated in the application to the
32 clerk of the municipality of which the voter is a resident. The voter must send a
33 completed voter registration or absentee ballot application, if necessary, in a separate
34 envelope.
35 as enacted by PL 2021, c. 273, §23, is
36 amended to read:
37
38 witness certification on a return envelope that is required under section subsection
39 1, paragraph C, subsection 2, paragraph C or subsection 3, paragraph E is unsigned,
40 incomplete or improperly completed, the following procedures apply.
41 A. The voter may contact the voter's aide or witness and request that the aide or witness
42 cure the defect by appearing in person at the clerk's office and properly completing the
43 affidavit or witness certification. If the aide or witness corrects the affidavit or witness Page 10 - 132LR2495(01)
44 certification as provided in this paragraph before the deadline for returning absentee
45 ballots under section 755, the clerk shall accept the absentee ballot without challenge.
3 B. The voter may cure the defect by telephone by self-identifying by name, date of
4 birth and residence address, confirming that the voter requested an absentee ballot and
5 explaining whether a 3rd person other than the voter's immediate family member
6 delivered or returned the absentee ballot or whether the voter received the assistance
7 of an aide as described in section subsection 3 in reading, marking or placing
8 the ballot in the return envelope. If the voter provides the information required by this
9 paragraph, by telephone, before the deadline for returning absentee ballots under
10 section 755, the clerk shall accept the ballot but challenge it pursuant to section 673,
11 subsection 1.
12 C. If the voter does not cure the defect under the procedures in paragraph A or B before
13 the deadline for returning absentee ballots under section 755, the clerk shall reject the
14 ballot in accordance with section 759, subsection 3.
15 as amended by PL 2021, c. 273, §24, is further
16 amended to read:
17
18 certification, if required, are properly completed, that the clerk has verified that the
19 signature on the envelope matches the signature on the application or that the voter
20 confirmed that the voter personally signed the return envelope pursuant to section
21 subsection 2 when applicable, that the voter is registered and enrolled when necessary and
22 that it contains the voter's Maine driver's license or nondriver identification card number or
23 a copy of the voter's photographic identification, the warden shall then examine the
24 incoming voting list to determine whether the voter voted in person at the election. The
25 warden shall then announce the name of each absentee voter who has not voted at the
26 election and remove each ballot from its envelope without destroying the envelope or
27 unfolding the ballot. After having an election clerk from a political party different from
28 that of the warden mark the letters "AV" beside the name of each absentee voter on the
29 incoming voting lists and place a check mark or horizontal line in red ink on the list beside
30 the voter's name, the warden shall accept the ballot.
31This Act takes effect January 1, 2026.
32
33 This initiated bill requires the presentation of photographic identification for in-person
34 and absentee voting. Acceptable forms of photographic identification include an unexpired
35 Maine driver's license, nondriver identification card, interim identification form issued by
36 the Secretary of State, United States passport or United States passport card, United States
37 military identification card, Maine National Guard identification card and United States
38 Department of Veterans Affairs identification card. The bill directs the Secretary of State
39 to provide free nondriver identification cards for photographic identification. The bill
40 allows voters without photographic identification to complete a challenged ballot and
41 within 4 days after the date of the election appear before the registrar of voters and present
42 photographic identification. The bill also provides an exception for voters with religious
43 objections to being photographed. The bill removes provisions of law that allow voters to
44 make telephone applications for absentee ballots and that allow voters to automatically
1
2
33
34
35
36
37
38
39
40
41
42
43
44 Page 11 - 132LR2495(01)
45 receive absentee ballots for each election without submitting a separate request for each
46 election. It also provides that a municipality may have only one secured drop box for the
47 return of absentee ballots.
1
2
3