Processing, counting, and challenging absentee/mail-in ballots in Maine, 2020

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In August 2020, The New York Times estimated that 80 million Americans would vote by absentee/mail-in ballot in November 2020. That would have been more than double the number who did so in November 2016. The processes states use to count absentee/mail-in ballots have come under closer inspection by state officials, candidates, political parties, and the media.

This article describes the rules in Maine for processing, counting, and rejecting absentee/mail-in ballots in effect for the November 2020 election. It includes:

• How ballots are processed and counted
• Whether ballots can be challenged
• Conditions for rejecting a ballot
• Whether voters can correct mistakes on a ballot

The 2020 election took place against a backdrop of uncertainty. Our readers had questions about what to expect in elections at all levels of government, from the casting of ballots to the certification of final results. Ballotpedia's 2020 Election Help Desk was designed to answer those questions.

Processing and counting ballots

See also: When states can begin processing and counting absentee/mail-in ballots, 2020

Upon receiving completed absentee/mail-in ballots, election officials must first process the ballots before they can be counted. Processing generally entails verifying voter signatures and physically preparing ballots for tabulation. Processing practices can vary widely from state to state. Counting entails the actual tabulation of votes.

The table below highlights key dates and deadlines related to absentee/mail-in voting in Maine for the November 2020 election.

Absentee voting in Maine: Nov. 3, 2020, election.

Were there limits on who can request a ballot?

No

What was the deadline for requesting a ballot by mail?

Oct. 29, 2020

Was the request deadline a postmark or receipt deadline?

Received

What was the deadline for returning a voted ballot by mail?

Nov. 3, 2020

Was the return deadline a postmark or receipt deadline?

Received

Were there notary or witness requirements?

No requirement

Processing ballots

Officials in Maine began processing absentee/mail-in ballots on October 27, 2020. As of November 2020, Maine law included the following provision for processing absentee/mail-in ballots:

“

When the clerk receives a return envelope apparently containing an absentee ballot, the clerk shall observe the following procedures. [PL 2009, c. 538, §9 (AMD).] 1. Time of receipt noted. The clerk shall note the date and time of delivery on each return envelope. On request, the clerk shall give the person who delivers the ballot a receipt, stating the exact time of delivery. [PL 2009, c. 538, §9 (AMD).] 2. Clerk to examine signatures and affidavit. The clerk shall compare the signature of the voter on the application, where required, with that on the corresponding return envelope. The clerk shall examine the affidavit on the return envelope. If the signatures appear to have been made by the same person and if the affidavit is properly completed, the clerk shall write ""OK"" and the clerk's initials on the return envelope. Otherwise, the clerk shall note any discrepancy on the return envelope. A. If the signatures do not appear to have been made by the same person, but this discrepancy is apparently the result of the voter's having properly obtained assistance under either section 753-A, subsection 5, or section 754-A, subsection 3, or both, then the clerk shall note the discrepancy on the return envelope, but shall also write ""OK"" and the clerk's initials on the return envelope. [PL 1999, c. 645, §8 (AMD).] [PL 2009, c. 538, §9 (AMD).] 3. Application attached. The clerk shall attach each application, where required, to the corresponding envelope. The clerk may not open any return envelope. [PL 2009, c. 538, §9 (AMD).] 4. Lists prepared. [PL 2001, c. 310, §55 (RP).] 5. Envelopes and lists delivered. On election day, the clerk shall deliver or have delivered the return envelopes prescribed by section 752, subsection 3, with the applications, when required, attached and a copy of the list required by section 753-B, subsection 6, to the warden of the voting district in which the voter is registered, except in those municipalities where the clerk or the clerk's designee processes the absentee ballots centrally. In those municipalities where the absentee ballots are processed centrally, the clerk shall deliver or have delivered the materials described in this subsection to the person authorized by the clerk to process absentee ballots at the designated central location. After processing the absentee ballots, the warden or the clerk shall attach the copy of the list of absentee voters to the incoming voting list and seal it as provided in section 698.

”

See law: 21-A ME Rev Stat §756. Procedure on receipt

Counting ballots

Officials in Maine began counting absentee/mail-in ballots at 8:00pm on November 3, 2020. As of November 2020, Maine law included the following provision for counting absentee/mail-in ballots:

“

6. Ballots counted. As soon as the absentee ballots are processed, they are counted the same as regular ballots.

”

See law: 21-A ME Rev Stat §759. Counting procedure

Maine law included the following provision for who may count absentee/mail-in ballots:

“

The election clerks shall count the ballots under the supervision of the warden as soon as the polls are closed, except that if, in the opinion of the municipal clerk the public interests will best be served, referendum ballots may be counted on the day immediately following the election, as long as the count is completed within 24 hours after the polls are closed. If referendum ballots are counted under this exception, the municipal clerk is responsible for the security and safekeeping of the ballots until the count has been completed.

”

See law: 21-A ME Rev Stat §695. Counting of ballots

Maine law included the following provision for poll watchers:

“

4. Minimum size of polling place; complaint to Secretary of State. Municipalities must provide a polling place large enough to allow at least one worker from each political party to remain outside the guardrail enclosure as a pollwatcher. If the municipality uses an incoming voting list for a polling place that is divided into separate segments by voting district or by the alphabetic listing of voters' names, then the municipality must allow at least one worker from each political party to remain outside the guardrail enclosure as a pollwatcher at each separate segment of the voting list.

”

See law: 21-A ME Rev Stat §627. Arrangement of voting place

Challenging ballots

Absentee/mail-in ballots may be challenged in an attempt to prevent the ballot from being counted. Ballots may be challenged for a variety of reasons, including: allegations that the voter is not qualified to vote in the election, the ballot was not received by the stated deadline, or that the voter had already voted in the same election. The methods and reasons for challenging ballots vary and are provided in state law. States without such provisions do not allow challenging absentee/mail-in ballots.

As of November 2020, Maine law included the following provision for challenging ballots:

“

A voter of a municipality or an election official may challenge the right of another to vote at an election in that municipality. [PL 2007, c. 455, §31 (AMD).] 1. How made. The challenge must be made to the warden. The challenger must state in the form of a signed affidavit setting forth, under oath administered by the warden, the challenger's name, address, party affiliation, status as a registered voter in the municipality, the name of the voter challenged, the reason the particular individual being challenged may be ineligible to vote, the specific source of the information or personal knowledge upon which the challenge of the particular individual is based and a statement that the challenger understands that making a false statement on the affidavit is punishable under penalties of perjury. A. A voter or an election official may challenge another voter only upon personal knowledge or a reasonably supported belief that the challenged voter is unqualified. Only the following reasons for challenges may be accepted by the warden. The challenged person: (2) Is not enrolled in the proper party, if voting in a primary election; (3) Is not qualified to be a registered voter because the challenged person: (a) Does not meet the age requirements as specified in section 111, subsection 2 and section 111-A; (b) Is not a citizen of the United States; or (c) Is not a resident of the municipality or appropriate electoral district within the municipality; (4) Registered to vote during the closed period or on election day and did not provide satisfactory proof of identity and residency to the registrar pursuant to section 121, subsection 1-A, except that only an election official may challenge for this reason; (5) Did not properly apply for an absentee ballot; (6) Did not properly complete the affidavit on the absentee return envelope; (7) Did not cast the ballot or complete the affidavit before the appropriate witness; (8) Communicated with someone as prohibited by section 754-A, subsection 1, paragraph B or subsection 3, paragraph B or D; (9) Did not have the ballot returned to the clerk by the time prescribed; (10) Voted using the name of another; (11) Committed any other specified violation of this Title; or (12) Voted using the wrong ballot for the appropriate electoral district or political party, if applicable. [RR 2011, c. 2, §21 (COR).] B. A challenge made must be made at the time the voter being challenged is checking in with the election clerk in charge of the incoming voting list in accordance with section 671 but before that voter enters the voting booth, except that the registrar or clerk may complete a challenge affidavit under oath to the warden before or during election day. [PL 2003, c. 395, §2 (NEW).] C. A challenge must be made against an absentee ballot after the name of the absentee voter is announced by the warden or clerk in accordance with section 759 and before the ballot is placed into the ballot box or voting machine.

”

See law: 21-A ME Rev Stat §673. Challenges

As of November 2020, Maine law included the following provision for handling challenged ballots:

“

2. Voting list marked. As soon as the challenge has been made, the election clerk in charge of the incoming voting list shall write ""Challenged"" beside the voter's name on the list, and give a ballot to the warden. [PL 1985, c. 161, §6 (NEW).] 3. Ballot marked. The warden shall write a number on the outside of the ballot. The warden shall also complete a certificate on which appears the word ""Challenged,"" the name of the voter challenged and the reason for the challenge. The challenger and the warden shall sign the certificate. After the challenger has signed the certificate, the warden shall place the number that was written on the ballot in a conspicuous place on the certificate. Only the warden and the challenged voter may know the ballot number. The warden shall place the challenge certificate and the signed affidavit under subsection 1 in a sealed envelope marked ""Challenge Certificate #(certificate number)"" and shall retain the envelope until it is sealed with the ballot materials pursuant to section 698. [PL 2003, c. 395, §3 (AMD).] 3-A. List of challenged ballots. The warden shall maintain a list of all challenges made. The list must include the name of the voter challenged, the name of the challenger and the reason for the challenge. The list may not include the unique number assigned to the ballot of the challenged voter. The list must be made available for public inspection after the polls close. [PL 1997, c. 436, §98 (NEW).] 4. Proceed to vote. The challenged voter shall then proceed to vote in the usual way using the marked ballot."" ""7. Hearing held. After the election at which a voter has been challenged, the registrar shall hold a hearing to confirm the qualifications of the challenged voter pursuant to section 161, subsection 4. The qualifications of the voter must be resolved within a reasonable time after the election and the voter's name either retained or cancelled from the central voter registration system.

”

See law: 21-A ME Rev Stat §673. Challenges

Rejecting ballots

As of November 2020, Maine law included the following provision for rejecting absentee/mail-in ballots:

“

3. Rejected if incorrect. The warden may not open the envelope and shall write ""Rejected"" on it, the reason why and the warden's initials if the warden finds that: A. The signatures do not appear to have been made by the same person and the discrepancy is not the result of the voter's having obtained assistance under section 753-A, subsection 5 or section 754-A, subsection 3, in cases where an application is required; [PL 1999, c. 645, §9 (AMD).] B. The affidavit is not properly completed; [PL 1985, c. 161, §6 (NEW).] C. The person is not registered or enrolled where necessary; [PL 1985, c. 161, §6 (NEW).] D. The voter has voted in person; or [PL 1985, c. 161, §6 (NEW).] E. The ballot was received by the clerk after the deadline. [PL 1985, c. 161, §6 (NEW).]

”

See law: 21-A ME Rev Stat §759. Counting procedure

Ballot curing

Ballot curing refers to the process by which voters can correct mistakes—such as a missing or mismatched signature—with an absentee/mail-in ballot so that the ballot can be counted. Ballot curing provisions lay out this process in state law. States without such provisions do not count absentee/mail-in ballots with errors.

As of November 2020, Maine law did not include a provision for curing ballots.

Rules in other states

Click on a state below to view information on processing, counting, and challenging absentee/mail-in ballots in that state.

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

More frequently asked questions about the 2020 election

Click on a question below to read the answer:

• General election information
  • Who runs elections in the United States?
  • Why do states have different election rules?
  • What methods do states use to prevent election fraud?
  • Do you have to vote for everything on your ballot?
  • What happens if you mark outside the lines or use the wrong pen/pencil?
  • What is a spoiled ballot?
  • What is a write-in candidate?
  • How can I check the status of my ballot?
  • Can I take a ballot selfie?

• Presidential election
  • What happens if a presidential candidate declares victory in the 2020 election before results are final?
  • Can presidential candidates win the election if they have already conceded?
  • What are the steps and deadlines for electing the President of the United States?
  • What happens if there is a tie in the Electoral College?
  • What are faithless electors in the Electoral College?
  • What happens if a presidential nominee becomes incapacitated before the election?
  • Can members of Congress object to Electoral College results?

• Processing and counting absentee/mail-in ballots
  • What is the life cycle of an absentee/mail-in ballot?
  • What happens if I vote by mail and want to change my ballot at a later date?
  • What happens if someone votes by mail and then tries to vote in person?
  • How do states protect and verify absentee/mail-in ballots?
  • How do election workers match signatures?
  • Are results reported on election night coming from in-person or absentee/mail-in votes?
  • Do states report how many mail-in/absentee ballots are outstanding on election night?
  • Do absentee/mail-in ballots take longer to count than in-person ballots?
  • What happens if someone votes by mail-in ballot or absentee ballot and subsequently passes away before Election Day?

• Disputing election results
  • How will election recounts work?
  • How close does an election have to be to trigger an automatic recount?
  • Can a candidate or voter request a recount?
  • Who pays for recounts and contested elections?
  • What are poll watchers?
  • What does it mean to challenge a voter's eligibility, and who can do it?
  • What is a redo election?
  • Who can file election-related lawsuits?
  • What are the reasons to call a redo election?
  • Who can call a redo election?
  • Can a redo be held for a presidential election?

• Election result reporting and certification
  • What happens if candidates declare victory in the 2020 election before results are final?
  • Can candidates win an election if they have already conceded?
  • How and when are election results finalized?
  • How do major media outlets declare winners?

• Transitions of power and taking office
  • Who is the president if election results are unknown by January 20, 2021?
  • Who serves in Congress if election results are unknown by January 2021?
  • Who serves in a state or local government if election results are unknown?
  • What happens if the winning presidential candidate becomes incapacitated before taking office?

• Articles about potential scenarios in the 2020 election
• U.S. Supreme Court actions affecting the November 3, 2020, general election

See also

• Ballotpedia's 2020 Election Help Desk
• Ballotpedia's 2020 Election Help Desk: Processing and counting absentee/mail-in ballots
• Absentee/mail-in voting, 2020