An Act Regarding Write-in Candidates in Municipal and City Elections
Maine Legislature, Session 127, LD 0626
Committee Amendment CA_A_S107 (Senate)
Amends: 30-A MRSA §2501

COMMITTEE AMENDMENT" A" to S.P. 219, L.D. 626, Bill, "An Act Regarding 
Write-in Candidates in Municipal and City Elections" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 30-A MRSA §2501, sub-§3 is enacted to read: 
3. Determining and counting write-in votes. A municipality may choose the 
method of detennining and counting write-in votes according to this subsection. Once a 
municipality has voted to accept the option under this subsection, the option applies to all 
municipal elections until the municipal officers hold a public hearing and the legislative 
body of the municipality votes to rescind the option at least 90 days before the next 
election of candidates by secret ballot. 
A. After the municipal officers hold a public hearing, at least 90 days prior to an 
election of candidates by secret ballot, the legislative body of a municipality may 
vote to be governed by the provisions of Title 21-A. section 696, subsection 2, 
paragraph C and Title 21-A, section 722-A. 
Votes for a write-in candidate are 
counted only if that candidate has filed a timely declaration of write-in candidacy 
with the municipal clerk in accordance with Title 21-A, section 722-A, except that 
votes for write-in candidates who have not filed a declaration of write-in candidacy 
must be counted if: 
(1) The printed ballot does not include a properly nominated candidate for the 
office; or 
(2) A properly nominated candidate for the office listed on the ballot withdraws 
from the race before or on election day. 
B. In a municipality that has not voted under paragraph A to be governed by Title 
21-A, section 696, subsection 2, paragraph C and Title 21-A, section 722-A, votes 
cast for write-in candidates must be counted if: 
COMMITTEE AMENDMENT 
ROFS· 
COMMITTEE AMENDMENT" A" to S.P. 219, L.D. 626 
(1) The printed ballot does not include a properly nominated candidate for the 
office; 
(2) A properly nominated candidate for the office listed on the ballot withdraws 
from the race before or on election day; or 
(3) The number of write-in votes for an office as determined by a machine count 
or initial hand count exceeds the number of votes in that count for a candidate 
printed on the ballot. 
Votes for write-in candidates may be counted even if none of the criteria listed in 
subparagraphs (1) to (3) are met in a municipality that has not voted to be governed 
by Title 21-A, section 696, subsection 2, paragraph C and Title 21-A, section 722.,A. 
Nothing in this subsection requires a municipal clerk to count or tally write-in votes for a 
fictitious person, a deceased person or a person from outside the municipality when 
residency is a qualification of office or who is otherwise not qualified to be a candidate 
for the office for which the person is a write-in candidate.' 
SUMMARY 
This amendment replaces the bill. It provides a local option for municipalities to 
accept the provisions of state election law governing votes for write-in candidates for 
their municipal elections of candidates by secret ballot. The amendment also provides 
that a municipality must count votes for write-in candidates only under certain 
circumstances, such as when there is no properly nominated candidate or when a properly 
nominated candidate whose name is listed on the ballot withdraws from the race on or 
before election day. 
COMMITTEE AMENDMENT