Chapter V · Privileges

Rule 506. Political Vote

Amended June 29, 2018 (current)

(a) General rule. Every person has a privilege to refuse to disclose his or her own vote at a political election conducted by secret ballot.

(b) Exceptions. The privilege does not apply if the court:

(1) Finds that the vote was cast illegally; or

(2) Determines that the disclosure should be compelled pursuant to state election laws.

Committee Notes

Maine Restyling Note [November 2014] Maine Rule 506 has been restyled in accordance with the federal restyling conventions, and, as part of this process, the Committee has proposed some minor, nonsubstantive changes to clarify the Rule.

Advisers' Note to former M.R. Evid. 506 (February 2, 1976) A privilege not to disclose the tenor of one's vote appears to be universally recognized although there are no Maine cases on the point. The privilege is not applicable if the vote was cast illegally. Of course, the privilege against self incrimination would be available under appropriate circumstances.