An Act To Establish Open Ballot Voting in Maine
Maine Legislature, Session 123, LD 1799
Committee: Legal and Veterans Affairs
Sponsors: PINGREE, EDMONDS, CAIN, CUMMINGS, FAIRCLOTH, PATRICK, TRINW ARD, TUTILE, MITCHELL, STRIMLING
Amends: 21-A MRSA §23, 21-A MRSA §144, 21-A MRSA §301, 21-A MRSA §303-A, 21-A MRSA §304-A, 21-A MRSA §304-B, 21-A MRSA §321, 21-A MRSA §331, 21-A MRSA §334, 21-A MRSA §335, 21-A MRSA §339-A, 21-A MRSA §355, 21-A MRSA §365, 21-A MRSA §601, 21-A MRSA §696

Legislative Document 
No. 1799-
H.P.1253 
House of Representatives, March 29, 2007 
An Act To Establish Open Ballot Voting in Maine 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative PINGREE of North Haven. 
Cosponsored by President EDMONDS of Cumberland and 
1l/~/J7.7!/~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CAIN of Orono, Speaker CUMMINGS of Portland, FAIRCLOTH of Bangor, 
PATRICK of Rumford, TRINW ARD of Waterville, TUTILE of Sanford, Senators: 
MITCHELL of Kennebec, STRIMLING of Cumberland. 
Primed on rel.:yded paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 21-A MRSA §l, sub-§24, as enacted by PL 1985, c. 161, §6, is amended 
to read: 
24. Minor party. "Minor party" means a political party other than a major party that 
qualifies for minor party status under section 301, subsection 3, paragraph A. 
Sec. 2. 21-A MRSA §23, sub-§3, as enacted by PL 1985, c. 161, §6, is amended 
to read: 
3. Nominating petitions. The Secretary of State shall keep primaf)' petitioAS, 
AomiAatioA nominating petitions and consents in ffis the Secretary of State's office for 2 
years. 
Sec. 3. 21-A MRSA §144, sub-§3, as amended by PL 1995, c. 459, § 16, is 
further amended to read: 
3. Restrictions during change of enrollment. Except as provided in subsection 4, a 
voter may not vote at a caucus, convention or primary election for 15 days after filing an 
application to change enrollment. A ... oter must file aA applieatioA to ehaAge eArollmeAt 
prior to JaAuaf)' 1 st to lole eligilolle to file a petitioA as a eaAdidate iA that eleetioA year. 
Sec. 4. 21-A MRSA §144, sub-§4, as enacted by PL 1985, c. 161, §6, is amended 
to read: 
4. Change of residence. When a voter changes ffis residence from one municipality 
to another and establishes a new voting residence there, he the voter may enroll in any 
party and vote at a caucus, convention or primary election, or file a petitioA as a eaAdidate 
for AomiAatioA loly primaf)' eleetioA, regardless of ffis the voter's previous enrollment. 
Sec. 5. 21-A MRSA §301, sub-§2, as enacted by PL 1985, c. 161, §6, is amended 
to read: 
2. General election. A party whleft that qualifies under subsection 1 to participate in 
a primary election must, in that same year, hold a state convention as prescribed by 
Article HI J in order to have the party designation of its candidates printed on the ballot 
in the general election of that year. A party that qualifies under subsection 3 to nominate 
by convention must, in that same year, hold a state convention as prescribed by Article 3 
in order to have the party designation of its candidates printed on the ballot in the general 
election of that year. 
Sec. 6. 21-A MRSA §301, sub-§3 is enacted to read: 
3. Nomination by convention. A party qualifies to nominate by convention if it 
qualifies as a minor party under this section. 
A. The party has filed a declaration of intent with the Secretary of State, or has on 
file an existing declaration of intent with the Secretary of State, that indicates the 
Page I - 123LR1294(Ol)-1 
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party's intention to operate as a minor party, and the party held a state convention as 
prescribed by Article 3 during the election year in which the designation was listed 
on the ballot and any interim year, and one of the following occurred: 
(1) Its candidate for Governor or President received at least 2 1/2% of the total 
vote cast in the State for Governor or President in either of the 2 preceding 
general elections; or 
(2) The party obtains signatures in the amount and manner described in section 
303-A between January 1 st of the year preceding a general election and January 
st of that general election year. 
Each minor party state committee shall file a statement with the Secretary of State on or 
before June 20th certifying that the party has held the state convention required by 
paragraph A. The statement must be signed by the party chair or the chair's designated 
agent. 
Sec. 7. 21-A MRSA §303-A is enacted to read: 
§303-A. Formation of new minor party 
A party whose designation was not listed on the general election ballot in the last 
preceding general election qualifies to nominate by convention, if it meets the 
requirements of subsections 1, 2 and 3 or if it meets the requirements of subsections 4, 5, 
and 7. 
1. Declaration of intent. A voter or a group of voters not enrolled in a party 
qualified under section 301 must file a declaration of intent to form a party with the 
Secretary of State before 5 p.m. on the 180th day preceding the next primary election. 
The declaration of intent must be on a form designed by the Secretary of State and must 
include: 
A. The designation of the proposed party; 
B. 
The name of a candidate for Governor or for President in the last preceding 
general election who was nominated by primary election, petition or convention 
under subchapter 2 and who received 2 112% or more of the total vote cast in the 
State for Governor or for President in that election; and 
C. The name, address, telephone number, if published, and signature of the voter or 
one of the group of voters who files the declaration of intent. 
2. Enrollment of voters. After filing the declaration described in subsection 1, the 
voter or voters proposing to form the party may then enroll voters in the proposed party 
under sections 141 to 145. 
3. Convention. A party that has qualified under subsections 1 and 2 to nominate by 
convention must in that same year hold a state convention as prescribed by Article 3 in 
order to have the party designation of its candidates printed on the ballot in the general 
election of that year. The voter or group of voters who files the declaration of intent may 
perform the duties of the state committee under section 321, subsection 1 for the party's 
initial convention. 
4. 
Declaration of intent. Ten or more voters who are not enrolled in a party 
qualified under section 301 must file a declaration of intent to form a party with the 
Secretary of State. The declaration of intent must be on a form designed by the Secretary 
of State and must include: 
A. The designation of the proposed party; and 
B. 
The names, addresses, telephone numbers, if published, and signatures of the 
voters who file the declaration of intent. 
5. Enrollment of voters. After filing the declaration of intent required in subsection 
1, the voter or voters proposing to form the party may then enroll voters in the proposed 
party under sections 141 to 145. 
6. 
Petition. 
After the filing of the declaration described in subsection 5, the 
Secretary of State or the Secretary of State's designee shall review the declaration and 
determine the form of the petitions to be submitted to the voters. The voter or voters 
proposing to form the party shall print the petitions in the form approved by the Secretary 
of State and may then circulate the petitions. These petitions must be signed, verified and 
certified in the same manner as primary petitions under section 335, subsections 3, 4 and 
7, except that any registered voter may sign the petitions. Each page of the petition must 
have a caption, in conspicuous type, that contains the designation of the proposed party 
followed by the words, "Petition to nominate by convention." The petitions must be filed 
in the office of the Secretary of State before 5 p.m. on the 180th day preceding a primary 
election and must contain the signatures and legal addresses of voters equal in number to 
at least 2 112% of the total vote cast in the State for Governor at the last preceding 
gubernatorial election. Petitions must be submitted to the appropriate municipal registrar 
for certification by 5 p.m. on the 10th day before the petition must be filed in the office of 
the Secretary of State or, if the 10th day is a Saturday, Sunday or legal holiday, by 5 p.m. 
on the next day that is not a Saturday, Sunday or legal holiday. The registrar must 
complete the certification of the petitions and must return them to the circulators or their 
agents within 5 days of the date on which the petitions were submitted. If the 5th day is a 
Saturday, Sunday or legal holiday, then the certification must be returned on the next day 
that is not a Saturday, Sunday or legal holiday. 
7. Convention. A party that has qualified under subsections 4 and 6 to nominate by 
convention must in that same year hold a state convention as prescribed by Article 3 in 
order to have the party designation of its candidates printed on the ballot in the general 
election of that year. The voter or group of voters who files the declaration of intent may 
perform the duties of the state committee under section 321, subsection 1 for the party's 
initial convention. 
Sec. 8. 21-A MRSA §304-A is enacted to read: 
§304-A. Change ofstatus from a minor party to a major party 
A qualified minor party may not become a major party unless the party files a 
declaration of intent under section 302, subsection 1, regardless of the actual number of 
votes for Governor cast in the preceding gubernatorial election. 
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Sec. 9. 21-A MRSA §304-B is enacted to read: 
§304-B. Change of status from a major party to a minor party 
A qualified major party may not petition to become a minor party unless that major 
party is disqualified under section 304. 
Sec. 10. 21-A MRSA §321, sub-§3 is enacted to read: 
3. Proceedings at a minor party convention. The minor party convention must do 
the following: 
A. Elect a secretary and a chair of the convention in that order; 
B. Adopt a platform for the next general election; 
C. Nominate the number of presidential electors to which the State is entitled in the 
year of a presidential election; 
D. Determine the size of the state committee and the method of its election; 
E. Nominate candidates who have qualified for nomination by convention and have 
chosen to seek the nomination of the minor party; and 
F. Adopt rules to govern the congressional district, county and municipal committee 
structure of the minor party. 
Sec. 11. 21-A MRSA §331, as amended by PL 1997, c. 436, §47, is further 
amended to read: 
§331. Method of nomination 
1. Nomination by primary election. A major party's nomination of a candidate for 
any federal, state or county office sfla.l.l must be made by primary election, as provided in 
this Article. 
I-A. Nomination by convention. A minor party's nomination of a candidate for any 
federal, state or county office must be made by nominating convention, as provided in 
Article 3. 
2. Exceptions. This Article does not apply to: 
A. 
Nominations for presidential electors; 
B. 
Nominations to fill vacancies under subchapter IIll; and 
C. 
Nominations by petition under subchapter II ~. 
3. Limitations to candidacy. The following limitations apply to all candidates for 
nominations. 
A. 
A person may not file, whether by primary election, nomination by convention 
or nomination petition, as a candidate for more than one federal, state or county 
office at any election, except for a candidate for membership in a county charter 
commission or a candidate for presidential elector under section 351, subsection 3. 
B. 
A person may file as a candidate for any federal, state or county office either by 
primary election, nomination by convention or nomination petition but not by both, 
except for a candidate for membership in a county charter commission under section 
351, subsection 3. 
Sec. 12. 21-A MRS A §333, as enacted by PL 1985, c. 161, §6, is amended to 
read: 
§333. Qualification for county office 
lOA candidate for any county office must be a resident of and a voter in the electoral 
division he the candidate seeks to represent on the date established for filing primary 
nominating petitions in the year he the candidate seeks election. He The candidate must 
maintain a voting residence in that electoral division during fl.i.s the candidate's term of 
office. 
Sec. 13. 21-A MRSA §334, as amended by PL 1995, c. 459, §21, is further 
amended to read: 
§334. 
Qualification of candidate for primary nomination or nomination by 
convention 
A candidate for nomination by primary election or nominating convention must file a 
primary nominating petition and consent under sections 335 and 336. The candidate must 
be enrolled, on or before March 15th, in the party named in the petition and must be 
eligible to file a J3etition as a candidate for nomination by J3rimal)' election under section 
144, subsection 3. The registrar in the candidate's municipal it), of residence must certify 
to that fact upon the petition. A candidate for nomination does not have to be enrolled in 
the party or parties named in the petition. 
Sec. 14. 21-A MRSA §335, as amended by PL 2005, c. 453, §§47 and 48, is 
further amended to read: 
§335. Petition requirements 
A J3rimal)' nominating petition shaH must be on a form provided by the Secretary of 
State and is governed by the following provisions. 
1. Content. A J3rimal)' nominating petition must contain the name of only one 
candidate, fl.i.s that candidate's place of residence, fl.i.s that candidate's party, the qualified 
major or minor party or parties for which that candidate seeks the nomination, the office 
sought and electoral division. 
A J3rimary nominating petition may contain as many 
separate papers as necessary and may contain the candidate's consent required by section 
336. 
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A. 
When 2 United States Senators or 2 county commissioners are to be nominated, 
the prima!)' nominating petition must contain the term of office sought by the 
candidate. 
2. By whom signed. A prima!)' nominating petition may be signed only by voters of 
the electoral division whleJ:t that is to make the nomination and who are enrolled in the 
party or parties named in the petition. Other signatures are void. 
3. How signed. The voter must personally sign IHs the voter's name in such a 
manner as to satisfy the registrar of IHs the voter's municipality that fie the voter is a 
registered voter and enrolled in the party named on the petition. Either the voter or the 
circulator of the petition must print the voter's name. 
4. Residence. The voter or the circulator of the petition must write or print the 
voter's residence address and municipality of registration. Ditto marks are permitted for 
residence address and municipality of registration only. 
5. Number of signatures required. Petitions must be signed by the following 
numbers of voters, notwithstanding the number of parties for which the candidate seeks 
the nomination: 
A. 
For candidate for Governor, at least 2,000 and not more than 3,000 voters; 
B. 
For a candidate for United States Senator, at least 2,000 and not more than 3,000 
voters; 
C. 
F or a candidate for Representative to Congress, at least 1,000 and not more than 
1,500 voters; 
D. 
For a candidate for county office other than county commissioner, at least 150 
and not more than 200 voters; 
E. 
For a candidate for county commissioner, at least 50 and not more than 75 
voters; 
F. 
For a candidate for State Senator, at least 100 and not more than 150 voters; and 
G. 
For a candidate for State Representative, at least 25 and not more than 40 voters. 
6. When signed. A petition may not be signed before January 1 st of the election 
year in which it is to be used. 
7. Certification of petition. A primary nominating petition shall must be verified 
and certified as follows. 
A. 
The circulator of a prima!)' nominating petitIOn shall verify by oath or 
affirmation before a notary public or other person authorized by law to administer 
oaths or affirmations that all of the signatures to the petition were made in the 
circulator's presence and that to the best of the circulator's knowledge and belief each 
signature is the signature of the person whose name it purports to be; each signature 
authorized under section l53-A was made by the authorized signer in the presence 
and at the direction of the voter; and each person is enrolled in the party named in the 
petition and is a resident of the electoral division named in the petition. 
B. 
The registrar, or clerk at the request or upon the absence of the registrar, of each 
municipality concerned shall certify which names on a petition appear in the central 
voter registration system as registered and enrolled voters in that municipality and 
may not certify any names that do not satisfy subsection 3. 
8. When filed. A primary nominating petition must be filed in the office of the 
Secretary of State before 5 p.m. on March 15th of the election year in which it is to be 
used. 
9. Petition or names void. A primary nominating petition wfl.ieft that does not meet 
the requirements of this section is void. If a voter or a circulator fails to comply with this 
section in signing or printing the voter's name and address, that voter's name may not be 
counted, but the petition is otherwise valid. 
Sec. 15. 21-A MRSA §339-A is enacted to read: 
§339-A. Time and nature of nominating convention 
A minor party shall hold a nominating convention no sooner than June 1st of each 
general election year and no later than the Saturday following the 2nd Tuesday of June of 
each general election year. 
Candidates are eligible for nomination by minor party 
convention only if the candidate listed the minor party on nominating petitions under 
section 335 and collected the requisite number of signatures under section 335. 
Sec. 16. 21-A MRSA §355, sub-§3, as amended by PL 1999, c. 645, §2, IS 
further amended to read: 
3. 
Qualifications declared. 
The consent must contain a declaration of the 
candidate's place of residence aRd the fact that the caRdidate has Rot beeR emolled iR a 
party qualified to participate iR a primary or geReral electioR after March 1 st of that 
electioR year and that the candidate meets the qualifications of the office the candidate 
seeks. The candidate must verify by oath or affirmation before a notary public or other 
person authorized by law to administer oaths or affirmations that the declaration is true. 
If, pursuant to the challenge procedures in section 356, any part of the declaration is 
found to be false by the Secretary of State, the consent and the nomination petition are 
void. 
A. 
CaRdidates for the office of COURt)' charter commissioR Reed ROt verify b~' oath 
or affirmatioR that they are ROt eRrolled iR a party. 
Sec. 17. 21-A MRSA §365, sub-§5 is enacted to read: 
5. For a minor party. A minor party's state committee makes choices for all offices 
in which a vacancy has been declared. 
Sec. 18. 21-A MRSA §601, sub-§2, ~, as amended by PL 2001, c. 310, §29, is 
further amended to read: 
B. 
The ballot must contain the name, without any title, and place of residence of 
each candidate, arranged alphabetically with the last name first, under the proper 
office designation. The initial letters of the last names of the candidates must be 
printed directly beneath each other in a vertical line. The names of candidates for any 
one office may not be split into more than one column regardless of number. +he For 
the primary election, the name of each candidate may be printed on the ballot in only 
one space. For the general election ballot, the party or politieal designation of eaeh 
eandidate ffiMst be printed with eaeh eandidate's the name of a candidate nominated 
by more than one party must be printed once for each party. The party or political 
designation may be abbreviated. 
Sec. 19. 21-A MRSA §696, suh-§4, as amended by PL 2005, c. 404, §5, IS 
further amended to read: 
4. Determination of choice possible. If a voter marks the voter's ballot in a manner 
that differs from the instructions at the top of the ballot but in such a manner that it is 
possible to determine the voter's choice, then the vote for the office or question concerned 
must be counted. If a voter marks the same name for the same office multiple times with 
different party labels, the voter's vote must be counted as if the voter cast one vote for the 
candidate selected on a ballot space without a party label. 
SUMMARY 
This bill authorizes cross-endorsement, which is the practice of multiple parties or 
political designations nominating the same candidate. 
It eliminates the current rules 
requiring enrollment in a political party in order to be a candidate for that party's 
nomination. 
It also requires the Secretary of State to list on the ballot a candidate 
nominated by multiple parties or political designations once for each party or political 
designation. The bill also prevents overvotes, which is when a voter marks the same 
candidate's name multiple times, from invalidating the vote. 
This bill also authorizes the formation of official minor political parties and 
establishes the requirement for formation, continuation and ballot access.