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Voter Registration Residency Requirements
Voter
registration hours for new registrations, enrollments, and any address or name
changes will be Monday – Friday 8:30 a.m. to 4:30 pm. at the Town Clerk’s
Office, 28 Federal Street.
Title 21-A Maine Revised Statutes Annotated (M.R.S.A.)
Printable Guide to
Voter Registration from Secretary of State's Office.
State of Maine Laws on
Voter Registration
Statutory Qualifications for Voting
A voter must meet the following qualifications to vote in a municipality:
- Must be a U.S. citizen;
- Must be at least 18 years of age;
- Must have established and must maintain a voting residence in that
municipality;
- Must be registered to vote in that municipality; and
- Must be enrolled in a party to vote at a caucus, convention or primary
election.
"Fail Safe" Qualification
A registered voter who moves to another state within 30 days before a
presidential election must not be removed from the voting list. The voter may
vote at that presidential election in person or by absentee ballot.
Restrictions on Voting
In a municipality with voting districts, a voter may vote using only the
ballot or ballots for the district in which the voter resides on Election Day.
In a municipality with voting districts, a person whose name or street
address does not appear correctly on the voting list on Election Day may not
vote at any election until it is corrected.
Residence for Voting Purposes
Residence is that place where the person has established a fixed and
principal home to which the person, whenever temporarily absent, intends to
return. Under this definition, residence is something that a person
establishes, not something a person chooses. While the definition includes
the person’s "intent to return" to a residence, it makes it clear that the
residence must in fact exist, and the person must have established it as a
fixed and principal home.
The law does not define "fixed" or "principal" or "home". Instead, the law
provides the following factors to guide the registrar in determining whether a
person has established a residence in the municipality:
• A direct statement of intention by the person pursuant to section 121.1
(an "oath");
• The location of any dwelling currently occupied by the person;
• The place where any motor vehicle owned by the person is registered;
• The residence address, not a post office box, shown on a current income
tax return;
• The residence address, not a post office box, where the person receives
mail;
• The residence address, not a post office box, shown on any current
resident hunting or fishing licenses held by the person.
• The residence address, not a post office box, shown on any motor
vehicle operator’s license the person holds;
• The receipt of any public benefit conditioned upon residency, defined
substantially as provided in this subsection; or
• Any other objective facts tending to indicate a person’s place of
residence.
In most cases, a person only has 1 dwelling, making residency an easy
factor for the registrar to determine. However, determining residency becomes
more difficult when a person owns or rents a dwelling in more than 1
municipality. In this case, the registrar determines which dwelling the person
has established as a "fixed and principal home" by considering all the
evidence the voter provides.
Residency Under Certain Circumstances
Change of Residence: A change of residence is made only by the act
of removal, joined with the intent to remain in another place. A person can
have only 1 residence at any given time.
Residence Retained: A person does not lose a residence if the person
temporarily leaves home and goes to another country, state, or place in this
state with the intent of returning.
Separate Residence: The place where a person's family resides is
presumed to be the person's place of residence, but a person may acquire a
separate residence if the person takes another abode with the intention of
remaining there.
Spouse May Have a Separate Residence: A married person may be
considered to have a residence separate from that of the person's spouse for
the purposes of voting or holding office.
Voting in Another State: A person loses residence in this state if
the person votes in another state's election.
Armed Forces Residence: A person does not gain or lose a residence
solely because of the person's presence or absence while employed in the Armed
Forces of the U.S. or of this state or while residing upon any military
reservations.
Retained Residence: A person who has gained a voting residence in a
municipality retains it, if desired, when the person becomes an employee of a
federal agency where the person is required to reside on land given to the
Federal Government by the State. This applies to a member of the Armed Forces
or the National Guard who is required to be in a place other than that in
which the person has gained a voting residence.
Spouse of Member of Armed Forces: A spouse of an Armed Forces member
on active duty may have the same voting residence as that person's spouse.
NOTE: Military personnel declare a legal residence when they enter the
military. This legal residence address may be helpful to the registrar in
determining whether the voter meets the residency requirements to register in
Maine.
Persons Incarcerated in Correctional Facilities: A person
incarcerated in a correctional facility or county jail may register to vote in
any municipality where that person has previously established a fixed and
principal home to which that person intends to return. An incarcerated person
may not register to vote where they are incarcerated, unless the person lived
there before incarceration.
Students: A person does not gain or lose a residence solely because
of the person's presence or absence while a student in any institution of
learning.
This may not be construed to prevent a student at any institution of
learning from qualifying as a voter in the municipality where the student
resides while attending that institution. When registering students, the
registrar must make the determination of residency as if they were not a
student. The same definition of residency applies, and the same sub-factors
listed in 112.1.A should be used when determining residency.
Students may be made aware:
- That they may only have 1 residence at any 1 time;
- That if they have declared residency in another municipality or State
for any reason, and if their circumstances have not changed, the other
jurisdiction may be the legal residence where they should be registered to
vote.
- No one may register to vote in more than 1 place for any election.
Homeless (or Voters with Nontraditional Residences): Homeless
people are encouraged to register to vote. As these people are without a home,
thus, without a traditional address, completing a voter registration card can
be difficult. Registrars should use the following information to assist them
in serving these individuals.
• A voter’s residence is generally an apartment or house. However, the
law also allows that a voter's residence may be nontraditional, such as a
shelter or park bench. In this case, the street or location address portion
of the registration card should be completed with a physical description of
the homeless voter’s residence location in the municipality.
• Although homeless voters may not have a traditional residence, they
must still have a physical location within the municipality where they live.
A person's residency is not subject to challenge on the sole basis that the
person has a nontraditional residence.
• Additionally, the law does not require that a homeless voter have a
mailing address in order to register to vote. The registrar should try to
obtain a mailing address, such as a shelter or emergency housing, whenever
possible. Maine law does require the mailing address section of the voter
registration card to be completed. However, a homeless person who does not
have a mailing address may properly and legally complete a voter
registration card by writing "NONE" in the mailing address section of the
application.
Last Updated:
Fran Smith,
Town Clerk
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