AUGUSTA — A bill designed to create a 15-foot buffer zone for video recording voters at the polls was recalled Wednesday from Gov. Paul LePage’s desk for an amendment.
LD 1574 was introduced by Democratic Sen. Bill Diamond of Windham this year after reports on Election Day 2015 that an organization calling itself Project Dirigo was video recording people who were gathering signatures to force a referendum on requiring background checks for all gun sales in Maine.
The bill passed through the House and Senate without opposition earlier this month and was sent to LePage for his signature. However, the Senate voted to recall the bill on Tuesday, and the House followed suit on Wednesday.
Mario Moretto, spokesman for Senate Democrats, said LePage threatened to veto the bill unless it was amended to give enforcement powers to municipal clerks, not volunteer election wardens.
“We expect to make the change quickly and hand it back to the governor,” said Moretto. “It’s a pretty simple change that I don’t anticipate anyone having a problem with.”
LePage’s office said the governor suggested the change.
“The municipal clerks are full-time bonded employees, and the governor believes it is more appropriate for these folks to be making the decisions rather than temporary wardens who only come in during Election Day,” said Adrienne Bennett, LePage’s press secretary.
In addition to keeping videographers away from signature collectors, the bill would require them to remain outside the guardrail location at polling places.
LePage opposed the concept of the bill when it was introduced on the grounds that “the polling place remains a public space,” according to testimony in opposition of the bill, which was delivered by Avery Day, LePage’s chief legal counsel.
“Unfortunately, this bill seeks to provide artificial protections above and beyond what citizens can expect in public by attempting to prohibit videotaping in this public space,” said Day. “There are a number of legitimate reasons why someone might elect to record others within the polling place and this desire for privacy while signing a petition — which is a public record — does not outweigh these legitimate interests.”
Day argued that the media and anyone who wants to document voting or petition gathering can claim legitimate reasons to video record at the polls.
“Being able to record those signing petitions provides a way to ensure that the law is being followed,” said Day.
The bill was supported by the secretary of state’s office and the Maine Municipal Association.
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