21-A §629. Voting booths
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1: PREELECTION PROCEDURE
Article 2: LOCAL OFFICIALS' RESPONSIBILITIES
§629. Voting booths
Voting booths are governed by the following provisions. [1985, c. 161, §6 (NEW).]
1. Provided by municipality. The municipal officers of each municipality shall provide a sufficient number of voting booths for each election. Those municipalities using voting machines must comply with section 811, subsection 4.
A. In a general election, the municipal officers in each municipality must provide at least one voting booth for each 200, or fraction exceeding 1/2 of that number, of the qualified voters in each voting place. For purposes of this paragraph, "qualified voters" does not include voters who have been designated as inactive as a result of voter list maintenance procedures. [2003, c. 407, §17 (AMD).]
A-1. In every election, the municipal officers shall provide at least one voting booth in each voting place that is accessible for persons with disabilities. The accessible voting booth may be used to meet the minimum requirements under paragraph A, except that it may not be the only voting booth used at the polling place. [2007, c. 455, §25 (AMD).]
B. In other than a general election, the municipal officers may provide fewer voting booths than required by paragraph A when circumstances indicate that fewer booths will be adequate to provide for an orderly flow of voters on election day. [1985, c. 161, §6 (NEW).]
C. In any election, the municipal officers may provide more than the number of voting booths required by paragraph A. [1985, c. 161, §6 (NEW).]
D. A reasonable time before a general election, the Secretary of State shall notify the clerk of each municipality of the requirements of this subsection. The clerk shall calculate the number of voting booths required at each voting place based on the number of voters registered at that time. Within 10 days after receiving the notice, the clerk shall certify in writing to the Secretary of State the number of voters registered at each voting place and the number of voting booths the municipality will provide at each voting place for the election. [1985, c. 161, §6 (NEW).]
D-1. The Secretary of State shall provide adequate copies of the fiscal impact statement for each direct initiative of legislation prepared in accordance with Title 1, section 353, which must be posted with the sample ballots outside the guardrail so as to be visible to voters. [2009, c. 538, §8 (AMD).]
E. The Secretary of State may arrange for inspections to ensure that municipalities comply with this subsection. [1985, c. 161, §6 (NEW).]
[ 2009, c. 538, §8 (AMD) .]
2. Voting machines. In municipalities which have voting machines, the municipal officers must also provide sufficient voting booths and paper ballots to ensure adequate voting facilities.
[ 1985, c. 161, §6 (NEW) .]
3. Described. Each booth must have within it a pencil or marker without an eraser and a shelf on which a voter may mark a ballot conveniently. An instruction poster provided under section 605 must be securely placed above the shelf to assist the voter. Each booth must have back and side panels large enough to screen the voter from the observation of others.
[ 1995, c. 459, §52 (AMD) .]
4. Booth for the visually impaired. The clerk shall equip at least one of the voting booths at the voting place with an enlarged instruction poster, a magnifying device and an adjustable lamp for improved lighting. The clerk may also equip the voting booth with an enlarged sample ballot at the clerk's own discretion. The voting station provided by the State along with the accessible voting device may be used to meet the requirements of this subsection. The voting station may not be used at the polling place for purposes other than voting.
[ 2007, c. 455, §26 (AMD) .]
SECTION HISTORY
1985, c. 161, §6 (NEW). 1985, c. 315, (AMD). 1993, c. 255, §3 (AMD). 1993, c. 447, §14 (AMD). 1993, c. 695, §29 (AMD). RR 1995, c. 1, §9 (COR). 1995, c. 459, §§51,52 (AMD). 1997, c. 436, §90 (AMD). 2003, c. 407, §§17,18 (AMD). 2007, c. 455, §§25, 26 (AMD). 2009, c. 341, §3 (AMD). 2009, c. 538, §8 (AMD).