LINCOLNVILLE — A flurry of emails and Thursday night phone calls resulted in a selectmen's meeting convened Friday morning to clarify that voting processes are adequately in place for an annual Town Meeting that is anticipated to be crowded and contentious. The 2013 Town Meeting takes place Saturday morning, beginning at 10 a.m. at Lincolnville Central School.

Following a 45-minute discussion Friday, the selectmen left satisfied that town staff would be registering voters as necessary for floor votes, and if called for, registering them again for secret ballot votes.

"This addresses every concern I had," said Selectman Jason Trundy, after hearing Town Administrator David Kinney describe how staff would be checking voters in the door as they enter the gymnasium, and giving them hot pink cards to raise by hand when voting yay or nay on a given warrant article.

Lincolnville's 2013 Annual Town Meeting Warrant

Unregistered voters may register at town meeting, but need to follow specific requirements (see below for the rules).

"On more contentious questions, the moderator may call for a secret ballot," said Kinney. This year's moderator is Rick McKittrick, who has been moderator in years past.

In that event, residents will line up and file to the secret ballot box, into which they will cast paper ballots. But before that, election wardens will again check their names against a voter list to ensure the voter is legally registered.

"The voting process is managable," said Kinney. "We are anticipating a larger crowd."

This year's warrant includes the proposal to spend $85,557 in 2013-2014 to keep a police department operating and its police chief paid a fulltime salary. As in years past, the proposal is controversial as the town splits on whether it wants its own police department, or not.

The budgetary vote follows the Tuesday, June 11, poll question that asked Lincolnville voters if they wanted to amend their town charter, allowing them the right to decide if the town wants to have a police department. The vote followed a campaign in town to convince citizens that the town charter governing law enforcement needed changing. The debate over whether the small town needs its own police department has been ongoing for years, since the fulltime police chief position was created. Before it changed on Tuesday, the town charter said

The amendment passed, 392 to 335. The amendment was submitted to the town via citizen petition.

Another article to consider is: To see if the Town will vote to raise and appropriate $39,000 to fulfill the Town’s statutory and employment contract obligations if the Police Department is eliminated as a department of the town.

On Thursday evening, David Barrows, Chairman of the Lincolnville Board of Selectmen, received a phone call from a citizen concerned about an email sent by Michelle Kinney to unidentified recipients. Selectmen did not identify the concerned citizen.

Kinney's email advocated for a local police department and encouraged residents to support the budget expenditure to fund the department. In the email, she outlined why she believes a local police department is important to the community.

"If you join me in agreeing that the police department is a positive for our community now is the time to show it.... If you support the department, please bring a friend or two who agree with you (and me) to the meeting. If you don't agree with me please stay home :). The voting on the police issue is very near the start of the meeting so if you can't stay for all of the meeting it should not be a problem. Be involved in determining our own future. Don't let others decide for you."

She noted that the school is offering free day care after Field Day so parents can attend town meeting.

Michelle Kinney is David Kinney's wife. Kinney said at the Friday morning meeting that he had not read his wife's email.

Another resident, Kristi Hardy-Gilson, forwarded Kinney's email to the selectmen, and wrote in an accompanying email that Kinney's email was circulated to a modified school parent-teacher organization list.

"This was interesting going out to parents on a modified PTO list from the town admins. wife. Not sure it's promoting true democracy or not, seems like a slight conflict of interest at the very least, but certainly everyone is entitled to an opinion," she wrote. "To me it just seems like another PTO mom would have been wiser... there's an added bonus, she's said she'll let people in the backdoor (cafe) so they can come in and vote on this issue then return to the festivities so as not to miss their children's field day event... hmmmm?"

At Friday's meeting, the selectmen agreed that Michelle Kinney held the right to advocate for her position.

"She has every right to her opinion," said Selectman Julia Libby.

"I don't see an issue with it," said Barrows.

"I have no problem with the email," said Trundy. "My wife has strong opinions and disagrees with me."

Dunn said all citizens have the right to their own opinion.

The selectmen also clarified the possibility of citizens arriving at town meeting after proceedings had begun, and just vote on one warrant article.

"In terms of who can vote, those present can vote," said David Kinney. "We don't preclude people from voting who aren't there for any portion of the meeting for any reason. Whoever is present can vote when the vote is cast."

He said he has seen voters get up, leave the room for a spell, miss a given debate, return to the room and cast a vote just as the moderator is calling for a show of hands, "whether or not present in discussion."

A concern raised about the potential disruption to the meeting prompted memories of the 2012 town meeting, when voters left town meeting immediately following the vote on the police department.

"Last year, there was a mass exodus of people after the vote on the police department," said Trundy. "And the board did not do anything about the voters leaving after voting."

The selectmen agreed it would be viewed as interfering with the democratic process if the town attempted to govern that phenomenon.

"I don't think it is our place as a town or board to govern any of that," said Trundy.

The selectmen also agreed that they intentionally have no position on the police department matter, saying their focus remains on ensuring the process holds for all citizens. Although they have been asked to weigh in on the charter change, the selectmen have refused to state a position, they said on Friday.

"We are doing right thing," said Libby. "We always have and always will."

"And we always will," said Kinney.

"Just show up and vote," said Dunn. "That's the beauty of this process."

Maine Voting Residence Fact Sheet

Prepared by the Elections Division of the Secretary of State, August 2012

Eligibility to Register and Vote in Maine

To be eligible to register to vote in Maine, you must:

• Be a citizen of the United States;

• Be at least 17 years of age (you must be at least 18 years of age to vote, except that in primary elections you may vote if you are 17 but will be 18 by the general election);

• Have established and maintain a voting residence in the municipality (i.e. city, town, plantation or unorganized township) where you seek to register.

Maine Voting Residence

“Residence” is defined in the Maine election law (Title 21-A, section 112(1)) as “that place where the person has established a fixed and principal home to which the person, whenever temporarily absent, intends to return.” Note that this definition has two components: 1) the establishment of a fixed and principal home in a given place, and 2) the intent to return there whenever temporarily absent.

Under this definition, residence is something that you establish, not something you choose.

You may offer any of the following factors, which the Registrar of Voters may consider in determining whether you have established a residence in a particular municipality in Maine:

• a direct statement of your intention to reside at a particular place;

• the location of any dwelling you currently occupy;

• the place where you have registered your motor vehicle (if you own the vehicle);

• your current income tax return showing your residence address;

• the residence address where your mail is received;

• the residence address on your current hunting or fishing license;

• the residence address shown on your driver’s license;

• your eligibility for public benefits based on residency; or

• any other objective facts that tend to indicate your place of residence.

Residency and Domicile

Maine courts have held that voting residency as defined in Maine’s election statutes is equivalent to the common law concept of domicile. Whereas “residence” typically refers to the location where you physically reside, domicile means something more. In order to establish domicile, you must intend to make a place your home, and not just physically live there.

Once you have established a fixed and principal home where you live, that home is assumed to be your domicile until you establish a new one. Changing your domicile usually requires action — moving some place — and intent — intending for the new place to become your home. You may live in two different homes during different parts of the year, but as a matter of law you can have only one domicile and thus only one voting residence. Therefore, when you complete a voter registration application, you must provide an address where you were previously registered to vote (either within or outside of Maine), unless you are registering to vote for the first time.

Consequences of Declaring Your Voting Residence (by Registering to Vote) in Maine

You should be aware that if you register to vote in Maine, you will be deemed to have declared residency in Maine, which may have consequences for compliance with other Maine laws, including the motor vehicle laws and tax laws.  If you drive a car in Maine, you are required to obtain a Maine driver’s license within thirty days of establishing residency here.  Driving without a Maine license more than ninety days after you have established residency in the state is a crime under Maine law. If you are a resident of Maine and own a vehicle here, state law also requires you to register that vehicle in Maine within thirty days of establishing residency. By declaring Maine as your voting residence, you may be treated as a resident of Maine for income tax purposes and be subject to Maine income tax.

Residency requirements for students, military personnel, incarcerated persons, and citizens living outside the United States

Students.  If you are a student, you have the right to register in the municipality in Maine where you attend school, provided you have established a voting residence there as defined in Maine’s election laws and explained above. You can establish a voting residence at your Maine school address if you have a present intention to remain at that address for the time being, whether that residence is a dorm, apartment, house or even a hotel. Maine law expressly provides that you will not gain or lose residency solely because of your presence in or absence from the state while attending school, and  this provision may not be interpreted “to prevent a student at any institution of learning from qualifying as a voter” in the town “where the student resides while attending” that school. In other words, as a student, you must meet the same residency requirements as all other potential voters. You must first determine where you have established residency and then register to vote there. If you pay “out-of-state tuition” as a student at a Maine college or university, that does not preclude you from establishing residency in Maine for voting purposes.  If you have established residency in another municipality or state, you may vote by absentee ballot in that state.

If you lived in Maine prior to attending school and you wish to establish or keep your voting residency in Maine at that location (e.g., at your parents’ home address)- you may do so as long as you have not already registered to vote in another state.  Maine students may keep their voting residency even if they move out of the county, state, or country to attend school.  The only way you will lose this residency is if you “abandon” it by asserting residency in a new state.  If you have registered to vote in another state, you will have to re-qualify as a Maine resident by providing proof of residency before you can register. 

Uniformed Service Voters. If you are a member of the uniformed service, and are qualified to register to vote, you do not gain or lose residency solely because of your presence or absence while on active duty in the uniformed service. Generally, the home of record that you claim for your service branch is your established residency for voting purposes. If that legal residence is in Maine, you may register to vote at that address. Your spouse or dependents may have the same voting residence as you do, or they may have established and maintain a separate residence where they would register to vote.

Citizens living outside the United States (also called “OverseasVoters”). If you are qualified to register to vote, but you reside outside the United States and you do not maintain a fixed and principal home or other address in Maine, you may register and enroll using the last residence address where you lived in Maine immediately before leaving the United States.

Incarcerated persons. If you are incarcerated in a correctional facility or in a county jail, you are entitled to register to vote in the Maine municipality where you previously established residency (a fixed and principal home to which you intend to return) prior to incarceration.