Maine Revised Statutes Title 21-A Sec. 682 – Political activities
Current as of: 2023 | Check for updates
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Certain activities are prohibited on election day. [PL 2003, c. 447, §22 (RPR).]
1. Instruction limited. Within the voting place, a person may not instruct another in the method of marking the ballot, except as provided in section 672.
[PL 2003, c. 447, §22 (RPR).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 21-A Sec. 682
- Candidate: means any person who has filed a petition under either sections 335 and 336 or sections 354 and 355 and has qualified as a candidate by either procedure, or any person who has received contributions or made expenditures or has given consent for any other person to receive contributions or make expenditures with the intent of qualifying as a candidate. See Maine Revised Statutes Title 21-A Sec. 1
- Election year: means the calendar year within which a particular election is held. 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
- 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
- Question: means any proposition submitted to the voters. 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
- 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
2. Influence prohibited. On public property within 250 feet of the entrance to the voting place as well as within the voting place itself, a person may not:
A. Influence another person’s decision regarding a candidate for an office or question that is on the ballot for the election that day; or [PL 2019, c. 371, §21 (AMD).]
B. Attempt to influence another person’s decision regarding a candidate for an office or question that is on the ballot for the election that day. [PL 2019, c. 371, §21 (AMD).]
C. [PL 2003, c. 447, §22 (RP).]
These limitations do not prohibit a candidate, or no more than one representative of a candidate, from greeting a voter if the candidate or representative of the candidate does not state the name of the office that the candidate is seeking in that election year or wear any button, name tag, apparel or label or have or use any item or sign displaying the candidate’s name or the name of the office the candidate is seeking or otherwise express support for or opposition to a party, a candidate or a ballot question.
[PL 2023, c. 109, §1 (AMD).]
2-A. Application. This subsection governs the application of subsection 2.
A. Subsection 2 does not apply to pollwatchers, who may remain in the voting place outside the guardrail enclosure as long as they do not attempt to influence voters or interfere with their free passage. [PL 2003, c. 447, §22 (NEW).]
B. Subsection 2 does not prohibit media representatives from conducting an exit poll, as long as they do not solicit voters until after the voters have voted and do not orally communicate with voters in a way that influences a voter’s vote. [PL 2003, c. 447, §22 (NEW).]
C. If a person attempts to influence voters or interfere with their free passage, the warden shall have that person removed from the voting place. [PL 2003, c. 447, §22 (NEW).]
[PL 2003, c. 447, §22 (NEW).]
3. Advertising prohibited. A person may not display advertising material; operate an advertising medium, including a sound amplification device; or display or distribute campaign literature, posters, palm cards, buttons, badges or stickers containing a candidate’s name or otherwise intending to influence the opinion of any voter regarding a candidate for an office or question that is on the ballot for the election that day on any public property located within 250 feet of the entrance to either the voting place or the building in which the registrar‘s office is located. The term “sound amplification device” includes, but is not limited to, sound trucks, loudspeakers and blowhorns.
A. This subsection does not apply to advertising material on automobiles traveling to and from the voting place for the purposes of voting. It does not prohibit a person who is at the polls solely for the purpose of voting from wearing a campaign button when the longest dimension of the button does not exceed 3 inches. [PL 2009, c. 253, §27 (AMD).]
B. Nonpolitical charitable activities and other nonpolitical advertising may be allowed at the discretion of the clerk if arrangements are made prior to election day. If arrangements are not made in advance of the election day, the warden may, at the warden’s discretion, either allow or prohibit nonpolitical charitable activities and other nonpolitical advertising. [PL 2003, c. 447, §22 (RPR).]
C. [PL 2003, c. 447, §22 (RP).]
[PL 2019, c. 371, §22 (AMD).]
4. Devices for audible communication. Party workers or others may not use cellular phones, voice pagers or similar devices to make audible voice communication within the voting place that is in violation of subsection 2.
[PL 2003, c. 447, §22 (NEW).]
5. Violation. A person who knowingly engages in activities prohibited by this section commits a Class E crime.
[PL 2003, c. 447, §22 (NEW).]
6. Public property limited. For purposes of this section, “public property” does not include a public right-of-way across privately owned property if it is an easement right-of-way.
[PL 2009, c. 253, §28 (NEW).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW). PL 1985, c. 383, §11 (AMD). PL 1991, c. 466, §20 (AMD). PL 1993, c. 473, §§19,20 (AMD). PL 1993, c. 473, §46 (AFF). PL 1995, c. 459, §§61,62 (AMD). PL 2001, c. 310, §37 (AMD). PL 2003, c. 447, §22 (RPR). PL 2005, c. 568, §§14,15 (AMD). PL 2009, c. 253, §§27, 28 (AMD). PL 2015, c. 447, §22 (AMD). PL 2019, c. 371, §§21, 22 (AMD). PL 2023, c. 109, §1 (AMD).