An Act To Establish a Presidential Primary System in Maine
Maine Legislature, Session 127, LD 1673
Committee Amendment CA_A_S511 (Senate)
Amends: 21-A MRSA §335

COMMITTEE AMENDMENT "A" to S.P. 685, L.D. 1673, Bill, "An Act To 
Establish a Presidential Primary System in Maine" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 21-A MRSA §335, sub-§5, ,iB-2 is enacted to read: 
B-2. For a candidate for the office of President of the United States, at least 2,000 ·. 
and not more than 3,000 voters. 
This paragraph is repealed December 1, 2018: 
Sec. 2. 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. 3. 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. 4. 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. No later than November 1st of the year prior to a 
presidential election year, the Secretary of State shall set the date of the presidential 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT" A 
"to S.P. 685,L.D. 1673 
primary election, which must be held on a Tuesday in March of the year in which a 
presidential election is held. Whenever the state committee of a party certifies that there 
is a contest among candidates for nomination as the presidential candidate, the Secretary 
of State shall consult with the state committee of each party to determine the date of the 
presidential primary. 
2. Eligible voter. Notwithstanding section 340, subsection 1, only a voter who is 
enrolled in a party may vote in the party's presidential primary election. 
§432. Petitions 
On or before November 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 no later than 5:00 p.m. on December 21st of the year 
prior to a presidential election year in the manner provided in sections 335 and 336. 
-§433. Ballot preparation 
The Secretary of State shall prepare ballots for a presidential primary election. A 
ballot must include the name of a person who files with the Secretary of State a petition 
in accordance with section 432. The Secretary of State shall determine if a petition meets 
the requirements of sections 335, 336 and 432, subject to challenge and appeal under 
section 337. 
§434. Repeal 
This subchapter is repealed December 1, 2018., 
Sec. 5. 
Secretary of State directed to examine costs associated with 
presidential primaries and submit recommendations for legislation. 
The 
Secretary of State shall examine the fiscal impact on municipalities and the State 
. associated with the requirement under the Maine Revised Statutes, Title 21-A, chapter 5, 
subchapter 7 to conduct a presidential primary and submit a report by December 1, 2017 
to the joint standing committee of the Legislature having jurisdiction over elections 
matters. The report must describe the fiscal impact and suggest methods for mitigating 
the costs of conducting a presidential primary, in~luding but not limited to appropriations 
and allocations. For the purposes of this section, "fiscal impact" includes, but is not 
limited to: 
1. Ordinary costs of conducting elections at the municipal level; 
2. Costs that are not typical in a regular election conducted at the state and municipal 
level that are anticipated with the addition of a presidential primary; 
3. Costs related to personnel and the need for facilities to conduct a presidential 
primary,ifany;and 
4. Aggregate costs to both the State and munic:ipalities. 
The Secretary of State shall include in the report recommendations regarding the 
administration of presidential primaries, including any implementing legislation. These 
recommendations must include, but are not limited to, provisions that address the 
COMMITTEE AMENDMENT 
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COMMIITEE AMENDMENT" A" to S.P. 685, L.D. 1673 
arrangement and content of the ballot, including the order of candidates to be listed on the 
ballot if a party has multiple candidates; necessary changes to ensure proper and timely 
administration of absentee ballots for a presidential primary and compliance with the 
federal Uniformed and Overseas Citizens Absentee Voting Act; and other issues as 
determined by the Secretary of State to be necessary for proper administration of a 
presidential primary in the State. 
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In developing the recommendations and implementing legislation required by this 
section, the Secretary of State shall seek recommendations from recognized political 
parties in the State and organizations representing municipal and town election clerks. 
The joint standing committee· of the Legislature having jurisdiction over elections 
matters may submit a bill regarding presidential primaries to the Second Regular Session 
of the 128th Legislature.' 
SUMMARY 
This amendment replaces the bill. 
Like the bill, the amendment establishes a 
presidential primary and requires a person seeking to be a presidential candidate to 
submit a nominating petition with the signatures of 2,000 to 3,000 registered voters in the 
State who are enrolled in the candidate's political party. The amendment provides that 
the Secretary of State must set the date of the primary for a Tuesday in March of a 
presidential election year after consulting with state party committees. The amendment 
directs the Secretary of State to make nominating petitions available and prepare the 
ballots for the presidential primary. The amendment also includes a provision that will 
repeal the subchapter establishing the presidential primary on December 1, 2018. 
The amendment directs the Secretary of State to submit a report by December 2017 
to the joint standing committee of the Legislature having jurisdiction over elections 
matters regarding the fiscal impacts on the State and municipalities of conducting 
presidential primaries. It also directs the Secretary of State to include in the report 
recommendations regarding the administration of presidential primaries, including any 
implementing legislation. These recommendations must specify the content and layout of 
presidential primary ballots, ensure compliance with federal law governing overseas 
voters and include other recommendations necessary for proper administration of a 
presidential primary. The joint standing committee of the Legislature having jurisdiction 
over elections matters may submit a bill regarding presidential primaries to the Second 
Regular Session of the 128th Legislature. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Revised: 04/08/16 
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-LD-1673 
LR 2750(02) 
An Act To Establish a Presidential Primary System in Maine 
Fiscal Note for Bill as Amended by Committee Amendment ~, ( $'- 6"l \' -
Committee: Veterans and Legal Affairs 
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Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Department of Secretary of State associated with examining costs and submitting a report 
related to a presidential primary can be absorbed within existing resources. 
LR2750(02) - Fiscal Note - Page 1 of 1