An Act To Amend the Election Laws Concerning Candidates and Nominees
Maine Legislature, Session 127, LD 0677
Committee: Veterans and Legal Affairs
Sponsors: CHENETTE, VALENTINO, HOBBINS, NADEAU
Amends: 21-A MRSA §367, 21-A MRSA §374-A, 21-A MRSA §376

Legislative Document 
No. 677 
H.P. 458 
House of Representatives, March 3, 2015 
An Act To Amend the Election Laws Concerning Candidates and 
Nominees 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative CHENETTE of Saco. 
Cosponsored by Senator VALENTINO of York and 
Representatives: HOBBINS of Saco, NADEAU of Winslow. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  21-A MRSA §367, as amended by PL 1995, c. 459, §31, is further 
amended to read: 
§367.  Candidate withdrawal 
A candidate who wishes to withdraw from an elective race shall notify the Secretary 
of State in writing of the candidate's intent to withdraw.  This notice must be signed by 
the candidate.  If the reason for the withdrawal is catastrophic serious illness, the 
procedures set forth in section 374-A, subsection 1, paragraph B must be complied with if 
the candidate is to be replaced. 
Sec. 2.  21-A MRSA §374-A, sub-§1, as amended by PL 2011, c. 342, §12, is 
further amended to read: 
1.  Withdrawal and replacement of nominees.  The Secretary of State shall declare 
the vacancy as provided in section 362-A and a political committee may make a 
replacement nomination following a candidate's withdrawal only if a person nominated 
for an office, other than United States Senator, Representative to Congress or Governor, 
at a primary election or by a political committee withdraws on or before 5 p.m. of the 2nd 
Monday in July preceding the general election in accordance with section 367 and: 
A.  Withdraws on or before 5 p.m. of the 2nd Monday in July preceding the general 
election in accordance with section 367; 
B.  Withdraws because of a catastrophic serious illness that has permanently and 
continuously incapacitated the candidate and or would prevent performance of the 
duties of the office sought, provided the candidate or a member of the candidate's 
immediate family files with the Secretary of State a certificate accompanying the 
withdrawal request, which that describes the illness and is signed by at least 2 one 
licensed physicians physician; or 
C.  Dies prior to the general election. 
Sec. 3.  21-A MRSA §374-A, sub-§2, as amended by PL 1993, c. 447, §5, is 
further amended to read: 
2.  Deadline, announcement and organizing rules for political committee's 
replacement of nominee.  A political committee may make a replacement nomination: 
A.  No later than 5 p.m. of the 4th Monday in July preceding the general election for 
a candidate who has withdrawn in accordance with subsection 1, paragraph A B; or 
B.  As soon as practicable for a candidate who withdraws or is withdrawn in 
accordance with subsection 1, paragraph B or C. 
A political committee making a replacement under this subsection shall notify the public 
that a meeting to select a replacement candidate under this section will be held.  The 
notice must be made at least 3 days prior to the meeting at which the nominee will be 
selected and must be made through various communication media, including, but not 
limited to, publication in a newspaper of general circulation in the electoral district and 
posting on the Internet. 
At least 5 residents of the electoral district who are members of the political party making 
the replacement nomination must be present at a meeting to select a replacement 
nominee.  This requirement may be verified by a local city or town clerk or notary public, 
or by other means in accordance with rules adopted by the Secretary of State. 
Sec. 4.  21-A MRSA §376, sub-§2, as amended by PL 1997, c. 436, §55, is 
further amended to read: 
2.  Certain state offices.  The Secretary of State is required to produce new ballots 
only if a candidate for an office, other than United States Senator, Representative to 
Congress or Governor, withdraws in accordance with section 374-A, subsection 1, 
paragraph A, B or C, a replacement candidate is nominated and a notification is filed with 
the Secretary of State by the appropriate committee of the political party making the 
nomination no later than 60 days before the election. 
SUMMARY 
This bill makes changes to the laws governing the withdrawal and replacement of 
candidates for an office other than United States Senator, Representative to Congress or 
Governor.  It amends the requirements that must be met in order for a political committee 
to make a replacement nomination.  It requires notification of a meeting to name a 
replacement candidate and it requires that a minimum of 5 residents of the electoral 
district who are members of the political party making the replacement attend the 
meeting.