This November’s question 1 has quickly become a polarizing topic in the State of Maine, with those on either side of the issue presenting seemingly disparate pictures of what the proposed legislation would actually do if approved by voters at the ballot box.
While supporters argue that the law would help to secure Maine’s elections by requiring voters to show identification when casting their ballots, opponents frame the bill as an existential attack on the state’s absentee voting system.
But what would the legislation behind Question 1 specifically change about Maine’s election laws?
A closer look at the full text of the bill underlying the referendum question helps to illuminate what the proposed changes may actually mean for Maine voters.
Upon closer examination, the amendments included in the proposed measure can be sorted into two primary categories: (1) those which serve to institute in-person and absentee voter identification requirements and (2) those which would make alterations to the state’s absentee voting process.
Below, the Maine Wire breaks down many of the major provisions of this citizens initiative and how they would change election law in the state if approved.
In-Person and Absentee Voter Identification
Voter ID, as proposed in this citizens initiative, would require Mainers to show one of several approved types of photo identification at the polls on election day in order to cast their ballots, as well as when applying for and returning an absentee ballot.
Among the eligible types of identification would be a Maine driver’s license, nondriver identification card, interim identification card, a US passport or passport card, or one of three types of military identification.
Mainers who do not already have one of the qualifying forms of identification would be eligible to obtain a nondriver identification card at no cost.
In-Person Voter Identification
To vote in-person at the polls, Mainers would be required under this proposed law to present a qualifying form of identification to prove that they are who they say they are.
Anyone unable to show proper identification at the polls would still be able to submit their ballots, but in order for their votes to eventually be counted, they would need to first prove their identity.
To do this, Mainers would need to bring appropriate documentation to their municipal registrar within four days of the election, or alternatively, submit an affidavit of religious objection to being photographed.
This measure would also give voters and election officials within a municipality the ability to challenge ballots for an alleged failure to present proper identification. To accomplish this, the proposed bill would expand the existing challenge process to include this among the other valid reasons for challenging a ballot.
Absentee Voter Identification
Absentee voters would also be required under this citizens initiative to submit identification when sending in their ballots, as well as when applying for them.
To submit an absentee ballot application, voters would be required to include their Maine driver’s license or nondriver identification card number or instead, to provide a photocopy of another qualifying form of identification.
This identification requirement would apply to absentee ballot requests submitted both online and on paper.
It would then be the clerk’s responsibility to notify any given voter if the information provided is incomplete or not printed on the appropriate form.
To prove one’s identity when returning an absentee ballot, a voter would need to mail it in using a newly created identification envelope, in addition to the regular ballot return envelope.
Printed on the identification envelope would be a statement in which the voter would attest to their name, residence, birth date, and other relevant facts.
Voters would also be required to include their Maine driver’s license or nondriver identification card number on this form or, just as when applying for an absentee ballot, enclose a photocopy of another qualifying form of identification.
Other than the voter’s name and address, clerks would be prohibited from pre-printing any responses on the statement.
Lying when filling this out would be considered to be “unsworn falsification,” which is a Class D crime in the state of Maine.
Voters and election officials would also be able to challenge absentee ballots for alleged non-matching signatures through a similar expansion of the state’s existing challenge process.
Absentee Voting Amendments
There are handful of amendments to Maine’s absentee voting process and the procedures surrounding this method of voting that would be made by the legislation proposed in this citizens initiative if it is approved later this year.
These changes would include ending the state’s on-going absentee voter program, eliminating the option of requesting absentee ballots over the phone, and capping the number of drop boxes a municipality may have at one.
Also included are a handful of other changes to the way absentee ballots would be both requested and returned in Maine.
End On-Going Absentee Voter Program
If approved, this citizens initiative would end Maine’s on-going absentee voter program, which currently allows certain eligible voters to request that an absentee ballot automatically be mailed to them each election.
To qualify for this program as it stands right now, Mainers must either be at least 65 years old or self-identify as having a disability. Beginning next year, however, the program is set to be expanded to include all Maine voters, allowing anyone eligible to cast a ballot to participate in the program.
Voters with on-going absentee status do not need to submit absentee ballot requests in future elections, instead automatically receiving ballots for all statewide and municipal elections going forward.
Should this citizens initiative is approved in November, Maine’s on-going absentee voter program would be ended entirely.
New Rules for Ballot Drop Boxes
Under this proposal, municipalities would be limited to having a single drop box for absentee ballots located outside and on the same property as the municipal registrar’s office.
This represents a departure from current law in two ways. First, drop boxes are presently permissible outside of the municipal office building or the building where in-person absentee voting takes place.
Second, right now, cities and towns are able to request permission from the Secretary of State at least 90 days prior to an election to install additional drop boxes at other locations if they feel it is necessary to do so.
To be approved, these boxes must meet all requirements outlined in state law, other than with respect to its location.
Also under this citizens initiative, each municipality’s drop box would need to be maintained and serviced by a bipartisan team of election officials. This would be shift from the state’s current model where this is done by the municipal clerk or a two-person team of the clerk’s choosing.
Setting Deadlines for Absentee Ballot Applications
This citizens initiative seeks to require that absentee ballot applications be delivered to the municipal registrar no later than seven days before an election.
Absentee ballots would also need to be requested no earlier than 90 days before an election or the first of the year in which an election is set to occur, whichever is earlier.
This represents a shift from current state law governing applications, as right now there is no hard deadline by which an absentee ballot request must be received by a municipal registrar. Absentee ballots may not be issued, however, within three business days of an election, except under certain circumstances.
Changing Permissions for Immediate Family Members
Under the proposed law, immediate family members would no longer be permitted to request absentee ballots on their relative’s behalf, meaning that voters wishing to cast absentee ballots would need to submit their requests themselves.
Although returning an immediate family member’s ballot by mail would be prohibited under this law, immediate family members would still be allowed to return relatives’ absentee ballots in person for them.
End Practice of Requesting Absentee Ballots Over the Phone
This legislation would also end Maine’s practice of allowing voters to request absentee ballots over the phone.
Currently, Maine voters may call their municipality and request that an absentee ballot be sent to them. Immediate family members or other third parties are not currently permitted to request an absentee ballot over the phone on someone’s behalf.
When taking an application over the phone, clerks must verify a voter’s identity by confirming that the residence and date of birth provided matches that which is in the voter’s record.
Prohibit Prepaid Postage
Municipalities would also be expressly barred under the proposed law from prepaying the return postage on the return envelope for an absentee ballot, a restriction that does not currently exist in state law.
Effective Date
If approved by voters at the ballot box this November, the legislation proposed in this citizens initiative would take effect beginning on January 1, 2026.
Click Here for More Information on This November’s Referendum Questions
