Nomination Papers Are Public Records

Training for: Legal Notes

(Updated from the January 2012 Maine Townsman, Legal Notes)

Nomination papers are public records under the Maine Freedom of Access Act once the papers have been filed with the municipal clerk. As with all public records, the public has the right to request a copy or request to inspect them during the regular business hours of the agency or official having custody of them within a reasonable time after making a request (see 1 M.R.S. § 408-A(1)). Unless the records are made available immediately, the agency or official must acknowledge receipt of the request within five working days. If a copy is requested, the agency or official may charge a reasonable fee to cover the cost of copying; however, the fee for standard 8 ½ inch x 11 inch black and white copies may not exceed 10 cents per page (see 1 M.R.S. § 408-A(8)).

Because nomination papers are integral to the election process and are not easily replaced if defaced, we recommend that, if there is a request to inspect them, they remain under the direct custody or control of the custodian at all times and that the requester be prohibited from carrying any pen, marker or other device that could be used to spoil the original. Better yet, the custodian could simply give the requester a copy and avoid this risk altogether. This is consistent with the requirement that public inspection of nomination papers be “under proper protective regulations” (30-A M.R.S. § 2528(4)(C)).

Incidentally, municipal nomination papers must be kept in the clerk’s office for six months, after which they may be destroyed (see 30-A M.R.S. § 2528(4)(C)). (By R.P.F/S.F.P.)

(Updated from the January 2012 Maine Townsman, Legal Notes)

Nomination papers are public records under the Maine Freedom of Access Act once the papers have been filed with the municipal clerk. As with all public records, the public has the right to request a copy or request to inspect them during the regular business hours of the agency or official having custody of them within a reasonable time after making a request (see 1 M.R.S. § 408-A(1)). Unless the records are made available immediately, the agency or official must acknowledge receipt of the request within five working days. If a copy is requested, the agency or official may charge a reasonable fee to cover the cost of copying; however, the fee for standard 8 ½ inch x 11 inch black and white copies may not exceed 10 cents per page (see 1 M.R.S. § 408-A(8)).

Because nomination papers are integral to the election process and are not easily replaced if defaced, we recommend that, if there is a request to inspect them, they remain under the direct custody or control of the custodian at all times and that the requester be prohibited from carrying any pen, marker or other device that could be used to spoil the original. Better yet, the custodian could simply give the requester a copy and avoid this risk altogether. This is consistent with the requirement that public inspection of nomination papers be “under proper protective regulations” (30-A M.R.S. § 2528(4)(C)).

Incidentally, municipal nomination papers must be kept in the clerk’s office for six months, after which they may be destroyed (see 30-A M.R.S. § 2528(4)(C)). (By R.P.F/S.F.P.)