An Act To Establish Instant Run-ofT Voting for Gubernatorial Races
Maine Legislature, Session 123, LD 0585
Committee: Legal and Veterans Affairs
Sponsors: HINCK, KNIGHT, BERRY, CHASE, CROSTHWAITE, PIEH, ROBINSON, SA VIELLO, PERRY, STRIMLING
Amends: 21-A MRSA §601, 21-A MRSA §603, 21-A MRSA §625, 21-A MRSA §722, 21-A MRSA §723, 21-A MRSA §726

Legislative Document 
No. 585 
H.P.452 
House of Representatives, February 5, 2007 
An Act To Establish Instant Run-ofT Voting for Gubernatorial 
Races 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative HINCK of Portland. 
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MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representative KNIGHT of Livermore Falls and 
Representatives: BERRY of Bowdoinham, CHASE of Wells, CROSTHWAITE of Ellsworth, 
PIEH of Bremen, ROBINSON of Raymond, SA VIELLO of Wilton, Senators: PERRY of 
Penobscot, STRIMLING of Cumberland. 
Printed on rt'l:ycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 21-A MRSA §l, sub-§21-A, is enacted to read: 
21-A. Instant run-off voting method. "Instant run-off voting method" means a 
method of casting and tabulating votes for Governor that simulates the ballot counts that 
would occur if all voters participated in a series of run-off elections and that allows voters 
to rank candidates according to their preferences. 
Sec. 2. 21-A MRSA §601, sub-§2, ~J is enacted to read: 
J. That portion of the ballot pertaining to candidates for Governor must be simple 
and easy to understand and allow a voter to rank candidates in order of choice. A 
voter may include no more than one write-in candidate among that voter's ranked 
choices. If feasible, ballots must be designed so that a voter may mark that voter's 
first choice in the same manner as that for offices not elected by the instant run-off 
voting method. 
Instructions on the ballot must conform substantially to the following specifications, 
although subject to modification based on ballot design and voting machine: 
"Yote for candidates for Governor by indicating your first-choice candidate and 
ranking additional candidates in order of preference. Indicate your first choice by 
marking the number "I" beside a candidate's name, your 2nd choice by marking the 
number "2" beside a candidate's name, your 3rd choice by marking the number "3" 
beside a candidate's name and so on, for as many choices as you wish. You may 
choose to rank only one candidate, but ranking additional candidates will not help 
defeat your first-choice candidate. Do not mark the same number beside more than 
one candidate. Do not skip numbers." 
Sec. 3. 21-A MRSA §603, sub-§l, ~C is enacted to read: 
C. 
The ballot must illustrate the voting procedure for the instant run-off voting 
method for Governor. 
Sec. 4. 21-A MRSA §603, sub-§7 is enacted to read: 
7. Include with absentee ballot. A clerk shall provide a sample ballot with each 
absentee ballot. 
Sec. 5. 
21-A MRSA §625, as amended by PL 1997, c. 436, §87, IS further 
amended by adding at the end a new paragraph to read: 
The clerk shall post a sample ballot in or near each voting booth on election day. 
Sec. 6. 21-A MRSA §722, sub-§l, as amended by PL 2001. c. 516, §13, IS 
further amended to read: 
1. How tabulated. The Secretary of State shall tabulate all votes that appear by an 
election return to have been cast for each question or candidate whose name app<:ared on 
the ballot. For an election for Governor, the Secretary of State mu~t tabulate the votes 
according to the instant run-off voting method described in section 726. All write-in 
candidates, as defined in section 1, subsection 51, receiving less than 5% of the votes cast 
for that office must be titled "others" when the tabulation is processed. 
Sec. 7. 21-A MRSA §723, sub-§2, as amended by PL 2001, c. 516, § 15, IS 
further amended to read: 
2. Other elections. In any other election, the person who receives a plurality of the 
votes cast for election to any office, as long as there is at least one vote cast for that 
office, is elected to that office, except that ",,,rite iR eaRdidates must also eornply with 
seetioR 722 A. ~ 
A. Write-in candidates must also comply with section 722-A;and 
B. 
For an election for Governor, the person who is determined to be the winner 
under the instant run-off voting method described in section 726 is elected Governor. 
Sec. 8. 21-A MRSA §726 is enacted to read: 
§726. Instant run-off voting method 
1. Procedures. The following procedures are used to determine the winner in an 
election for Governor. 
A. 
The first choice marked on each ballot must be counted initially by the election 
officials. 
The ballot count is the same as the count that would occur if voters 
participated in a series of run-off elections, with the candidate with the fewest votes 
eliminated after each round of counting. 
B. 
In every round of counting, each ballot is counted as one vote for that ballot's 
highest-ranked advancing candidate. "Advancing candidate" means a candidate for 
Governor who has not been eliminated. If more than 2 candidates have received 
votes after the initial round of counting, the Secretary of State shall conduct an instant 
run-off round. In this instant run-off round, the Secretary of State shall eliminate the 
candidate with the fewest votes. A ballot that ranks this eliminated candidate as the 
highest-ranked candidate must be counted as a vote for the highest-ranked advancing 
candidate on that ballot. This process of counting votes and eliminating the candidate 
with the fewest votes must continue until 2 candidates remain. The candidate with 
the most votes then must be declared the winner. 
I 
£2. 
if a ballot has no more available choices ranked on it, that ballot must be declared 
~x@ustcd. __ !\_QalJo.Llbat skip~ one number must be counted for that votcr'Slle~t 
cie:arlv jndicatcd _ choice, but a ballot that skips more than one nunlbl'r nl~l_?t ~!~; 
fieclared exh~usted wh~n this skiWllisof numbers is reached. A baIIQl_~.i.1hlhe __ ,,-aJTiS 
lh!Irrber for 2 or more candidates must be declared exhausted ""henJb.l?s.e_i!<2lIbie 
l!1!lllQersar('?J~(lche.cL 
7 
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For...-lk..s_betwcen candidates....QccurriDg at any st~ jnH_tl~ta~l!latii,;> 
deh.:rminations must be made_bllsed oD...Y>·bomever_~vas credited v.jthilJe Tl1osLV()~~Lll 
!be .nrevious sJ<!,ge of tabulation, In thegse of any tie to which_Cl-tDJ \:\'joLlsn~tagf.' docs 
not apply, the tie must be resolved in accordance with the general election laws of the 
State. 
2. Change of voting method. The legislative body of a municipality or election 
authorities may provide for the use of mechanical, electronic or other devices for 
marking, sorting and counting the ballots and tabulating the results and may modify the 
form of the ballots, the directions to voters and the details with respect to the method of 
marking, sorting, counting, invalidating and retaining ballots and the tabulating and 
recounting of votes, as long as no change is made that alters the intent or principles 
embodied in this section. 
3. Modification of instant run-off voting method ballot and count. Modification 
of an instant run-off voting method ballot and count is permitted in accordance with this 
subsection. 
A. 
If the Secretary of State determines that the number of candidates for Governor 
exceeds the practical space requirements for ranking all candidates on the ballot, the 
number of allowable rankings may be limited to no fewer than 5 candidates. 
B. Two or more candidates may be eliminated simultaneously if the number of total 
votes credited for those candidates is fewer than the number of total votes credited for 
the candidate with the next greatest number of votes. 
4. 
Effect on rights of political parties. 
For all statutory and constitutional 
provisions in the State pertaining to the rights of political parties, the number of votes cast 
for a party's candidate for Governor is the number of votes credited to that candidate after 
the initial round of counting. 
Sec. 9. Effective date. This Act takes effect January 1,2014. 
SUMMARY 
This bill creates the instant run-off voting method of determining winners in elections 
for Governor beginning in 2014. The method simulates the ballot counts that would 
occur if all voters participated in a series of run-off elections and allows a voter to rank 
candidates according to that voter's preferences. Each voter has only one vote and the 
ballot count is the same as would occur if voters participated in a series of run-off 
elections, with the candidate with the fewest votes eliminated after each round of 
I 
counting. 
There is an initial round of counting. If more than 2 candidates have received votes 
after the initial round, the Secretary of State conducts an instant run-off round. In this 
instant run-off round, the Secretary of State eliminates the candidate with the fewest 
votes. A ballot that ranks this eliminated candidate as the highest-ranked candidate is 
counted as a vote for the highest-ranked advancing candidate on that ballot. 
An 
advancing candidate is a candidate who has not been eliminated. 
This process of 
counting votes and eliminating the candidate with the fewest votes continues until 2 
candidates remain. The candidate with the most votes is declared the winner.