Student Voting Project | Maine

Voting at School

ID Requirements

Voters who register in the last 20 days before an election,including on Election Day, must provide proof of identity and address when theyregister.   Although "proof" isn't defined by statute,city clerk web sites indicate you can show a Maine driver's license or state IDcard with your name and current address, or one document to show your identity,like a Social Security card or a birth certificate, and another document toshow your address, including a checkbook or a bill addressed to you through themail.

If you can't show ID when you register in the last 20 daysbefore an election, you'll have to vote a challenged ballot; your vote will be counted unless it will affect the outcome of the election, inwhich case the Supreme JudicialCourt will decide whether you're eligible beforeit's counted.  In any case, a hearing will be held after theelection on whether your registration should be cancelled.

If you're a first-time voter registering by mail, you shouldsend in a copy of identification, including a Maine driver's license or other valid photoID, or a current utility bill, bank statement, paycheck, or other governmentdocument that shows your name and address.

Registration Requirements

You can register in person at any time in Maine, including on Election Day. If you register by mail or through a voterregistration drive, your registration must be received by the close of businessat the registrar's office on the 21st day before the election.  If you register in person 20 or fewer daysbefore an election, you'll have to bring proof of your identity and youraddress (see below).

Residency Requirements

If you move to a school address in Maine with the intention of making it yourprincipal home, you should be able to establish voting residency there.  Maineelection law defines residence as the place where you have a "fixed andprincipal home." Maine courts have heldthat voting residency is equivalent to domicile.

Although Mainehas a "gain or loss" provision, it explicitly states that it may not beinterpreted "to prevent a student at any institution of learning fromqualifying as a voter" in the town "where the student resides while attending"that school.

Registrars may look at the following factors whendetermining residency: a statement of your intent, car registration, tax returnaddress, where you get your mail, hunting or fishing license addresses,drivers' license address or any other "objective facts tending to indicate aperson's place of residence."

Students who lived in Maineprior to attending school and who wish to establish or keep their Maine voting residency (i.e.,at their parents' address), should have no problem doing so unless they'vealready registered to vote in another state. Like all states, Maine allows students tokeep their voting residency even if they move out of the county or state toattend school.  The only way you might lose this residency is if you"abandon" it by asserting residency in a new state. While registering to votein another state is not automatically considered an abandonment of residency inMaine, somejudges or officials might view it as such.

The registrar has the power to determine whether you areeligible to register.  You must be notified of whether yourapplication for registration is accepted or rejected.  A decision of the registrar may be appealed inwriting to the registration appeals board or to the municipal officers.  A hearing will be scheduled, and you must getwritten notice at least twenty days in advance.  At the hearing, you will have the opportunityto testify and  present evidence andwitnesses. You can appeal the decision to a Superior Court.

Your residency can be challenged on or before Election Dayby an election official, or on Election Day by another voter.  The challenge must be made in writing, and hasto be based on personal and specific knowledge.  If you're challenged, you can still vote achallenged ballot; your vote will be counted unless it will affect the outcomeof the election, in which case the SupremeJudicial Court will decide whether you're eligiblebefore it's counted.  In any case, a hearing will be held after theelection on whether your registration should be cancelled.

Absentee Requirement

Maine is a no-fault absentee state, meaning that you do not need to give a reason for why you want to vote absentee.  If you request an absentee ballot by mail, and you want it sent to an out-of-town address, the deadline for your request is 2 days before Election Day.  Blank absentee ballot applications are available on the web site of the Secretary of State. 

Your actual absentee ballot must be received by the clerk before the close of the polls on Election Day in order to count.  As long as you request your own absentee ballot, neither your application nor your ballot has to be notarized or witnessed.

Voting at Home

ID Requirements

Voters who register in the last 20 days before an election,including on Election Day, must provide proof of identity and address when theyregister.   Although "proof" isn't defined by statute,city clerk web sites indicate you can show a Maine driver's license or state IDcard with your name and current address, or one document to show your identity,like a Social Security card or a birth certificate, and another document toshow your address, including a checkbook or a bill addressed to you through themail.

If you can't show ID when you register in the last 20 daysbefore an election, you'll have to vote a challenged ballot; your vote will be counted unless it will affect the outcome of the election, inwhich case the Supreme JudicialCourt will decide whether you're eligible beforeit's counted.  In any case, a hearing will be held after theelection on whether your registration should be cancelled.

If you're a first-time voter registering by mail, you shouldsend in a copy of identification, including a Maine driver's license or other valid photoID, or a current utility bill, bank statement, paycheck, or other governmentdocument that shows your name and address.

Registration Requirements

You can register in person at any time in Maine, including on Election Day.   If you register by mail or through a voterregistration drive, your registration must be received by the close of businessat the registrar's office on the 21st day before the election.  If you register in person 20 or fewer daysbefore an election, you'll have to bring proof of your identity and youraddress (see below). 

Residency Requirements

If you move to a school address in Maine with the intention of making it your principal home, you should be able to establish voting residency there.  Maine election law defines residence as the place where you have a "fixed and principal home." Maine courts have held that voting residency is equivalent to domicile.

Although Maine has a "gain or loss" provision, it explicitly states that it may not be interpreted "to prevent a student at any institution of learning from qualifying as a voter" in the town "where the student resides while attending" that school.

Registrars may look at the following factors when determining residency: a statement of your intent, car registration, tax return address, where you get your mail, hunting or fishing license addresses, drivers' license address or any other "objective facts tending to indicate a person's place of residence."

Students who lived in Maine prior to attending school and who wish to establish or keep their Maine voting residency (i.e., at their parents' address), should have no problem doing so unless they've already registered to vote in another state. Like all states, Maine allows students to keep their voting residency even if they move out of the county or state to attend school.  The only way you might lose this residency is if you "abandon" it by asserting residency in a new state. While registering to vote in another state is not automatically considered an abandonment of residency in Maine, some judges or officials might view it as such.

The registrar has the power to determine whether you are eligible to register.  You must be notified of whether your application for registration is accepted or rejected.  A decision of the registrar may be appealed in writing to the registration appeals board or to the municipal officers.  A hearing will be scheduled, and you must get written notice at least twenty days in advance.  At the hearing, you will have the opportunity to testify and  present evidence and witnesses. You can appeal the decision to a Superior Court.

Your residency can be challenged on or before Election Day by an election official, or on Election Day by another voter.  The challenge must be made in writing, and has to be based on personal and specific knowledge.  If you're challenged, you can still vote a challenged ballot; your vote will be counted unless it will affect the outcome of the election, in which case the Supreme Judicial Court will decide whether you're eligible before it's counted.  In any case, a hearing will be held after the election on whether your registration should be cancelled.

Absentee Requirement

Maineis a no-fault absentee state, meaning that you do not need to give a reason forwhy you want to vote absentee.  If you request an absentee ballot by mail, andyou want it sent to an out-of-town address, the deadline for your request is 2days before Election Day.  Blank absentee ballot applications areavailable on the web site of the Secretary of State.

Your actual absentee ballot must be received by the clerkbefore the close of the polls on Election Day in order to count.  As long as you request your own absenteeballot, neither your application nor your ballot has to be notarized orwitnessed.

[1] Me. Rev. Stat. Ann. tit. 21-A, § 122(1).

[2] Poirier v. Saco, 529 A.2d 329 (Me. 1987).

[3] Me. Rev. Stat. Ann. tit. 21-A, § 122(7).

[4] Me. Rev. Stat. Ann. tit. 21-A, § 122(1)(A).

[5] Me. Rev. Stat. Ann. tit. 21-A, § 121 (2008).

[6] Id.

[7] Me. Rev. Stat. Ann. tit. 21-A, § 163.

[8] Id.

[9] Id.

[10] Me. Rev. Stat. Ann. tit. 21-A, § 673 (2008).

[11] Id.

[12] Me. Rev. Stat. Ann. tit. 21-A, § 696.

[13] Me. Rev. Stat. Ann. tit. 21-A, § 673.

[14] Me. Rev. Stat. Ann. tit. 21-A, § 121.

[15] Me. Rev. Stat. Ann. tit. 21-A, § 121.

[16] Me. Rev. Stat. Ann. tit. 21-A, § 121.

[17] See, e.g, City of Portland, "Voter Registration," at http://www.portlandmaine.gov/voter/voter.asp (last visited July 27, 2008).

[18] Me. Rev. Stat. Ann. tit. 21-A, § 121.

[19] Me. Rev. Stat. Ann. tit. 21-A, § 696.

[20] Me. Rev. Stat. Ann. tit. 21-A, § 673.

[21] Me. Rev. Stat. Ann. tit. 21-A, § 751.

[22] Me. Rev. Stat. Ann. tit. 21-A, § 753-B.

[23] Me. Rev. Stat. Ann. tit. 21-A, § 755.