An Act To Establish a Nonpartisan Primary and a Presidential Primary Election System and Instant Run-off Voting for State and Federal Candidates
Maine Legislature, Session 126, LD 1422
Committee: Veterans and Legal Affairs
Sponsors: RYKERSON, BEAVERS, WOODBURY, BROOKS, CASSIDY, CHAPMAN, CHENETTE, EVANGELOS, FARNSWORTH, SCHNECK
Amends: 21-A MRSA §1, 21-A MRSA §111, 21-A MRSA §144, 21-A MRSA §334, 21-A MRSA §335, 21-A MRSA §340, 21-A MRSA §601-B, 21-A MRSA §603, 21-A MRSA §625, 21-A MRSA §673, 21-A MRSA §722, 21-A MRSA §723, 21-A MRSA §726, 21-A MRSA §759, 21-A MRSA §825

Legislative Document 
No. 1422 
H.P. 1010 
House of Representatives, April 16, 2013 
An Act To Establish a Nonpartisan Primary and a Presidential 
Primary Election System and Instant Run-off Voting for State and 
Federal Candidates 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative RYKERSON of Kittery. 
Cosponsored by Representative BEAVERS of South Berwick, Senator WOODBURY of 
Cumberland and Representatives: BROOKS of Winterport, CASSIDY of Lubec, CHAPMAN 
of Brooksville, CHENETTE of Saco, EVANGELOS of Friendship, FARNSWORTH of 
Portland, McGOWAN of York, SCHNECK of Bangor. 
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.  Instant run-off voting method.  "Instant run-off voting method" means a 
method of casting and tabulating votes 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, as described in section 726. 
Sec. 2.  21-A MRSA §111, sub-§5, as amended by PL 2005, c. 387, §1, is further 
amended to read: 
5.  Enrollment.  The person must be enrolled in a party in that municipality to vote at 
that party's caucus, or convention or primary election, unless otherwise permitted by the 
party pursuant to section 340. 
Sec. 3.  21-A MRSA §144, sub-§2, as amended by PL 2005, c. 453, §27, is 
further amended to read: 
2.  Party designation removed.  On receipt of the application, the registrar shall 
remove the party designation of the applicant from the central voter registration system.  
The registrar shall indicate in the central voter registration system that the applicant is 
ineligible to vote at a caucus or primary election for 15 days by designating the party 
enrollment field with the letter "X."  Fifteen days after receiving the application, the 
registrar shall enroll the applicant in the party requested and enter the new party 
designation in the party enrollment field. 
This subsection does not apply in the case of a voter who changes enrollment under 
subsection 4. 
Sec. 4.  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, or convention or primary election for 15 days after filing 
an application to change enrollment.  A voter must file an application to change 
enrollment prior to January 1st to be eligible to file a petition as a candidate in that 
election year. 
Sec. 5.  21-A MRSA §334, as amended by PL 2009, c. 253, §16, is further 
amended to read: 
§334.  Qualification of candidate for primary nomination 
A candidate for nomination by primary election must file a primary 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 petition as a 
candidate for nomination by primary election under section 144, subsection 3.  The 
registrar in the candidate's municipality of residence must certify to that fact on a form 
designed by the Secretary of State. 
Sec. 6.  21-A MRSA §335, sub-§5, ¶B-2 is enacted to read: 
B-2.  For a candidate for President of the United States, at least 2,000 and not more 
than 3,000 voters; 
Sec. 7.  21-A MRSA §335, sub-§6, as enacted by PL 1985, c. 161, §6, is amended 
to read: 
6.  When signed.  A Except as provided in subchapter 7, a petition may not be signed 
before January 1st of the election year in which it is to be used. 
Sec. 8.  21-A MRSA §335, sub-§8, as amended by PL 1995, c. 459, §23, is 
further amended to read: 
8.  When filed.  A Except as provided in subchapter 7, a primary 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. 
Sec. 9.  21-A MRSA §340, as enacted by PL 1987, c. 423, §3, is repealed. 
Sec. 10.  21-A MRSA c. 5, sub-c. 7 is enacted to read: 
SUBCHAPTER 7 
PRESIDENTIAL PRIMARY ELECTIONS 
§431.  Determination and date of primary; voter eligibility 
1.  Determination of primary.  Whenever the state committee of a party certifies 
that there is a contest among candidates for nomination as the presidential candidate of 
the party and that the committee has voted to conduct a presidential primary election, the 
State shall hold a presidential primary election. 
2.  Date of primary.  A presidential primary election held pursuant to subsection 1 
may not be held earlier than January 1st of the year in which the presidential election is 
held.  The date of the presidential primary election must be chosen in the following 
manner. 
A.  If certification is made pursuant to subsection 1 for only one party and that party 
chooses a date for the presidential primary election, the State shall hold the election 
on that date.  The party shall deliver to the Secretary of State notification of the 
chosen date by December 1st of the year prior to the presidential election year. 
B.  If certification is made pursuant to subsection 1 for more than one party and those 
parties agree by November 1st of the year prior to the presidential election year to 
one date, the State shall hold the presidential primary election on that agreed-upon 
date. 
C.  If a party does not choose a date pursuant to paragraph A or there is no agreement 
on a date pursuant to paragraph B, the State shall hold the presidential primary 
election on the first Tuesday after the presidential primary election in New 
Hampshire, unless that primary occurs in the preceding calendar year, in which case 
the election must be held on the first Tuesday in March. 
§432.  Party certification 
The state committee of a party shall file the certification described in section 431, 
subsection 1 with the Secretary of State by December 1st of the year prior to the 
presidential election year.  This certification must contain the following: 
1.  Statement of contest.  A statement that there is a contest among candidates for 
nomination as the presidential candidate of the party; 
2.  Identification of contestants.  Identification of at least 2 candidates who have 
declared as contestants for nomination as the presidential candidate of the party; and 
3.  Statement of committee vote.  A statement that the state committee has voted to 
conduct a presidential primary election. 
§433.  Petitions 
On or before July 1st of the year prior to a presidential election year, the Secretary of 
State shall prepare and make available petitions for circulation by a person desiring to be 
a contestant in the Maine presidential primary election of any party.  This petition must 
be completed and filed at least 45 days before the primary election in the manner 
provided in sections 335 and 336. 
§434.  Ballot preparation; candidate eligibility 
The Secretary of State shall prepare ballots for a presidential primary election under 
this subchapter in accordance with section 601-B. 
1.  Petitions.  A ballot must include the name of a person who files with the Secretary 
of State a petition in accordance with section 433.  The Secretary of State shall determine 
if a petition meets the requirements of sections 335, 336 and 433, subject to challenge and 
appeal under section 337. 
2.  Secretary of State determination.  The following provisions govern the 
Secretary of State's selection of presidential candidates to appear on the ballot. 
A.  A ballot must include the name of a person who is a member of a party that has 
qualified under subchapter 1 and who has been determined by the Secretary of State, 
in the Secretary of State's sole discretion, to be generally advocated or recognized as 
a presidential candidate of nationwide stature in the national news media throughout 
the United States.  This subsection may not be construed to include so-called favorite 
son candidates whose candidacy may be limited to one state. 
B.  The Secretary of State shall determine which candidates will be placed on the 
ballot under this subsection at least 30 days before the ballots are prepared.  The 
Secretary of State shall promptly notify a person that the person's name will appear 
on the ballot and advise that person of the steps under paragraph C that the person 
must take if the person does not wish to appear on the ballot. 
C.  A person who the Secretary of State determines should be placed on the ballot 
under this subsection may have the person's name withdrawn from the ballot by filing 
an affidavit with the Secretary of State in which the person swears an oath that the 
person requests that the person's name be withdrawn from the ballot. 
In order for the person's name to be withdrawn from the ballot, the affidavit must be 
received by the Secretary of State at least 45 days before the date designated for the 
presidential primary election. 
§435.  Selection of delegates 
If a party chooses to participate in a presidential primary election under this 
subchapter, delegates to national presidential nominating conventions may be selected by 
the party meeting in convention under subchapter 1, article 3 at any time after the 
presidential primary election. 
Selection of delegates must be in accordance with any reasonable procedures 
established at the state party convention.  In the absence of any procedures established by 
state or national party rules, the allocation of delegates must be as follows. 
1.  Proportional allocation.  Delegates to the national convention must be allocated 
in proportion with the candidate votes and the uncommitted votes cast in the presidential 
primary election of the party. 
A.  A candidate receiving 10% or more of the total vote, including candidate votes 
and uncommitted votes, is allocated a share of delegates that approaches, as closely 
as possible, the candidate's respective share of the total vote. 
B.  The percentages of votes attributable to candidates receiving less than 10% of the 
total vote, including candidate votes and uncommitted votes, must be added to the 
total percentage of uncommitted votes for the purpose of allocating delegates. 
2.  Uncommitted delegates.  A delegate selected as an uncommitted delegate may 
support any presidential candidate at any time and may change support for this candidate 
in the delegate's sole discretion. 
3.  Committed delegates.  A delegate selected for a particular presidential candidate 
according to the proportional allocation specified by this section shall vote for that 
candidate on the first ballot at the national presidential nominating convention, unless the 
state committee of the party affirmatively votes to follow another procedure or the 
candidate for whom a particular delegate is selected specifically withdraws, as verified by 
the chair of the national party, from consideration for the presidential nomination at any 
time before the first ballot at the national presidential nominating convention. 
§436.  Cost borne by State 
Whenever a municipality complies with the provisions of this subchapter, the State 
shall bear the cost incurred. 
Sec. 11.  21-A MRSA §601-B is enacted to read: 
§601-B.  Presidential primary ballot 
The Secretary of State shall prepare presidential primary election ballots in 
accordance with section 434 and the following provisions. 
1.  Arrangement.  The ballot must be arranged in a manner that is as consistent and 
uniform as possible throughout the State. 
2.  Content.  The ballot must contain the items listed in this subsection. 
A.  Instructions must be printed in bold type at the top of the ballot informing the 
voter how to designate the voter's choice on the ballot. 
B.  The ballot must contain the name, without any title, and place of residence of each 
candidate, arranged alphabetically with the last name first in block capital letters, 
followed by the first name and middle name or initial, or followed by the first name 
or first initial and the middle name.  The name of each candidate may be printed on 
the ballot in only one space. 
C.  There must be a place on the ballot for the voter to designate the voter's choice. 
D.  There must be a heading on the ballot that contains the title of the election, the 
name of the party, the name of the voting district or districts for which the ballot was 
prepared, the date of the election and a facsimile of the state seal. 
E.  At the end of the list of candidates for nomination, there must be printed the word 
"uncommitted" in such a way that a voter may choose this preference rather than a 
listed candidate. 
F.  At the end of the list of candidates for nomination and after the "uncommitted" 
option, there may not be any blank spaces left where a voter could write in the name 
or place a sticker containing the name of any person for whom the voter desires to 
vote. 
G.  The ballot must be simple and easy to understand and allow a voter to rank 
candidates in order of choice.  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. 
Sec. 12.  21-A MRSA §603, sub-§1, ¶C is enacted to read: 
C.  The ballot must illustrate the voting procedure for the instant run-off voting 
method, if applicable. 
Sec. 13.  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. 14.  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. 15.  21-A MRSA §673, sub-§1, ¶A, as corrected by RR 2011, c. 2, §21, is 
amended to read: 
A.  A voter or an election official may challenge another voter only upon personal 
knowledge or a reasonably supported belief that the challenged voter is unqualified.  
Only the following reasons for challenges may be accepted by the warden.  The 
challenged person: 
(2)  Is not enrolled in the proper party, if voting in a primary election; 
(3)  Is not qualified to be a registered voter because the challenged person: 
(a)  Does not meet the age requirements as specified in section 111, 
subsection 2 and section 111-A; 
(b)  Is not a citizen of the United States; or 
(c)  Is not a resident of the municipality or appropriate electoral district 
within the municipality; 
(4)  Registered to vote during the closed period or on election day and did not 
provide satisfactory proof of identity and residency to the registrar pursuant to 
section 121, subsection 1-A, except that only an election official may challenge 
for this reason; 
(5)  Did not properly apply for an absentee ballot; 
(6)  Did not properly complete the affidavit on the absentee return envelope; 
(7)  Did not cast the ballot or complete the affidavit before the appropriate 
witness; 
(8)  Communicated with someone as prohibited by section 754-A, subsection 1, 
paragraph B or subsection 3, paragraph B or D; 
(9)  Did not have the ballot returned to the clerk by the time prescribed; 
(10)  Voted using the name of another; 
(11)  Committed any other specified violation of this Title; or 
(12)  Voted using the wrong ballot for the appropriate electoral district or 
political party, if applicable. 
Sec. 16.  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.  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 according to the instant run-off 
voting method described in section 726.   
Sec. 17.  21-A MRSA §723, sub-§2, as amended by PL 2009, c. 253, §39, is 
repealed and the following enacted in its place: 
2.  Other elections.  In any other election, the person who is determined to be the 
winner under the instant run-off voting method described in section 726 is elected to that 
office. 
Sec. 18.  21-A MRSA §726 is enacted to read: 
§726.  Instant run-off voting method 
Elections for the offices of President of the United States, United States Senator, 
Representative to Congress, Governor, State Senator and State Representative must be 
conducted according to an instant run-off voting method as follows. 
1.  Instructions.  Instructions on the ballot must conform substantially to the 
following specifications, subject to modification based on ballot design and voting 
machine: 
"Vote for candidates 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." 
2.  Procedures.  The following procedures are used to determine the winner in an 
election subject to this section. 
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.  For the purposes of this paragraph, "advancing 
candidate" means a candidate 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 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 double 
numbers are reached. 
D.  For ties between candidates occurring at any stage in the tabulation, 
determinations must be made based on whomever was credited with the most votes at 
the previous stage of tabulation.  In the case of any tie to which a previous stage does 
not apply, the tie must be resolved in accordance with the general election laws of the 
State. 
3.  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. 
4.  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 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. 
5.  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 is the number of votes credited to that candidate after the initial 
round of counting. 
Sec. 19.  21-A MRSA §759, sub-§2, as amended by PL 2007, c. 455, §42, is 
further amended to read: 
2.  Accepted if correct.  If the warden finds that the affidavit is properly completed, 
that the clerk has verified that the signature on the envelope matches the signature on the 
application where applicable, and that the person is registered and enrolled where 
necessary, the warden shall then examine the incoming voting list to determine whether 
the voter voted in person at the election.  The warden shall then announce the name of 
each absentee voter who has not voted at the election and remove each ballot from its 
envelope without destroying the envelope or unfolding the ballot.  After having an 
election clerk from a political party different from that of the warden mark the letters 
"AV" beside the name of each absentee voter on the incoming voting lists and place a 
check mark or horizontal line in red ink on the list beside the voter's name, the warden 
shall accept the ballot. 
Sec. 20.  21-A MRSA §759, sub-§3, ¶C, as enacted by PL 1985, c. 161, §6, is 
amended to read: 
C.  The person is not registered or enrolled where necessary; 
Sec. 21.  21-A MRSA §759, sub-§4, as amended by PL 2007, c. 455, §43, is 
further amended to read: 
4.  Warden to check absentee ballot for correct district.  At a primary election 
when the warden removes a ballot from its envelope, the warden shall check its color to 
be sure it is the ballot of the party in which the voter is enrolled.  If it is not, the warden 
shall immediately replace it in its envelope, reseal the envelope and write "Rejected" on 
it, the reason why and the warden's initials.  At a primary or general election, in a 
municipality that has more than one voting district, when the warden removes a ballot 
from its envelope, the warden shall check its color to be sure it is the ballot of the district 
in which the voter is registered. If it is not, the warden shall challenge the ballot 
according to section 673. 
Sec. 22.  21-A MRSA §825, sub-§1, as enacted by PL 1985, c. 161, §6, is 
repealed. 
Sec. 23.  Effective date.  This Act takes effect January 1, 2014. 
SUMMARY 
This bill amends the election laws to create a nonpartisan primary process. 
The bill amends the presidential nomination process in the State.  The bill requires 
the State to hold a presidential primary election if the state committee of a political party 
certifies that there is a contest among candidates for nomination as the presidential 
candidate of the party and that the committee has voted to conduct a presidential primary 
election.  Under the bill, delegates to the national convention must be allocated in 
proportion with the candidate votes and the uncommitted votes cast in the presidential 
primary election of the party unless party rules provide otherwise. 
The bill creates an instant run-off voting method of determining winners in elections 
for President of the United States, United States Senator, Representative to Congress, 
Governor, State Senator and State Representative 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 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. 
The bill also removes the requirement that a voter must file an application to change 
party enrollment prior to January 1st to be eligible to file a petition as a candidate in that 
election year.