An Act To Require That the Governor Be Elected by the Ranked-choice Voting Method
Maine Legislature, Session 125, LD 1126
Committee: Veterans and Legal Affairs
Sponsors: RUSSELL, BERRY, GOODE, HINCK, KNIGHT, O'BRIEN
Amends: 21-A MRSA §1, 21-A MRSA §601, 21-A MRSA §603, 21-A MRSA §625, 21-A MRSA §722, 21-A MRSA §723, 21-A MRSA §726, 21-A MRSA §753-B

Legislative Document 
No. 1126 
H.P. 838 
House of Representatives, March 15, 2011 
An Act To Require That the Governor Be Elected by the Ranked-
choice Voting Method 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative RUSSELL of Portland. 
Cosponsored by Representatives: BERRY of Bowdoinham, CORNELL du HOUX of 
Brunswick, GOODE of Bangor, HINCK of Portland, KNIGHT of Livermore Falls, McCABE 
of Skowhegan, O'BRIEN of Lincolnville. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  21-A MRSA §1, sub-§21-A is enacted to read: 
21-A.  Ranked-choice voting method.  "Ranked-choice 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 ranked-choice 
voting method. 
Instructions on the ballot must conform substantially to the following specifications, 
subject to modification based on ballot design and voting machine: 
"Vote 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 "1" 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-§1, ¶C is enacted to read: 
C.  The ballot must illustrate the voting procedure for the ranked-choice 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 2009, c. 538, §7, 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-§1, as amended by PL 2009, c. 253, §36, 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 appeared on 
the ballot.  For an election for Governor, the Secretary of State must tabulate the votes 
according to the ranked-choice voting method described in section 726.  The Secretary of 
State shall tabulate the votes that appear by an election return to have been cast for a 
declared write-in candidate and shall tabulate the votes that appear to have been cast for 
an undeclared write-in candidate based on a recount requested and conducted pursuant to 
section 737-A, subsection 2-A. 
Sec. 7.  21-A MRSA §723, sub-§2, as amended by PL 2009, c. 253, §39, 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 a write-in candidate must also comply with 
either section 722-A or section 737-A, subsection 2-A.: 
A.  Write-in candidates must also comply with section 722-A or section 737-A, 
subsection 2-A; and 
B.  For an election for Governor, the person who is determined to be the winner 
under the ranked-choice voting method described in section 726 is elected Governor. 
Sec. 8.  21-A MRSA §726 is enacted to read: 
§726.  Ranked-choice 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 a second 
round. In this second 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. 
C.  If a ballot has no more available choices ranked on it, that ballot must be declared 
exhausted. A ballot that skips one number must be counted for that voter's next 
clearly indicated choice, but a ballot that skips more than one number must be 
declared exhausted when this skipping of numbers is reached. A ballot with the same 
number for 2 or more candidates must be declared exhausted when these duplicated 
numbers are reached. 
D.  For ties between candidates occurring at any round of counting in the tabulation, 
determinations must be made based on whomever was credited with the most votes at 
the previous round. In the case of any tie to which a previous round does 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 
officials may provide for the use of mechanical, electronic or other devices for marking, 
sorting and counting ballots and tabulating 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 is contrary to the intent or principles embodied in 
this section. 
3.  Modification of ranked-choice voting method ballot and count.  Modification 
of a ranked-choice 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.  21-A MRSA §753-B, sub-§1, as amended by PL 2009, c. 563, §2, is 
further amended to read: 
1.  Application or written request received.  Upon receipt of an application or 
written request for an absentee ballot that is accepted pursuant to section 753-A, the clerk 
shall immediately issue a sample ballot, pursuant to section 603, subsection 7, an 
absentee ballot and return envelope by mail or in person to the applicant or to the 
immediate family member or to a 3rd person designated in a written application or 
request made by the voter, except that the clerk does not have to issue a ballot by mail to 
any voter whose request was received after 5:00 p.m. on the Thursday before election 
day.  The clerk shall type or write in ink the name and the residence address of the voter 
in the designated section of the return envelope. 
Sec. 10.  Statutory referendum procedure; submission at election; form of 
question; effective date. This Act must be submitted to the legal voters of the State at 
a statewide election held in the month of November following passage of this Act. The 
municipal officers of this State shall notify the inhabitants of their respective cities, towns 
and plantations to meet, in the manner prescribed by law for holding a statewide election, 
to vote on the acceptance or rejection of this Act by voting on the following question: 
"Do you favor electing the Governor by the ranked-choice voting 
method?" 
The legal voters of each city, town and plantation shall vote by ballot on this question 
and designate their choice by a cross or check mark placed within a corresponding square 
below the word "Yes" or "No."  The ballots must be received, sorted, counted and 
declared in open ward, town and plantation meetings and returns made to the Secretary of 
State in the same manner as votes for members of the Legislature.  The Governor shall 
review the returns. If a majority of the legal votes are cast in favor of this Act, the 
Governor shall proclaim the result without delay and this Act becomes effective 30 days 
after the date of the proclamation.  
The Secretary of State shall prepare and furnish to each city, town and plantation all 
ballots, returns and copies of this Act necessary to carry out the purposes of this 
referendum. 
SUMMARY 
This bill creates the ranked-choice voting method of determining winners in elections 
for Governor. 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 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 a second round. In this second 
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. 
The bill requires that the question of electing the Governor in this manner go to a 
statewide referendum to have the citizens of the State vote on the matter.