An Act To Bring Maine's Ranked-choice Voting Law into Constitutional Compliance
Maine Legislature, Session 128, LD 1646
Committee Amendment CA_B_H568 (House)
Amends: 21-A MRSA §1, 21-A MRSA §723-A

COMMITTEE AMENDMENT "B" to H.P. 1137, L.D. 1646, Bill, "An Act To 
Bring Maine's Ranked-choice Voting Law into Constitutional Compliance" 
Amend the bill by strildng out the title and substituting the following: 
'An Act To Implement Ranked-choice Voting in 2021' 
Amend the bill in section 1 in subsection 27-C in paragraph C by strildng out all of 
the last 5 lines (page l, lines 12 to 16 in L.D.) 
Amend the bill in section 1 in subsection 27-C by inserting at the end the following: 
'Jhis subsection is repealed December 1, 2021 unless, prior to that date, the voters of the 
State ratify an amendment to the Constitution of Maine, Article IV, Part First, Section 5, 
Alticle IV, Part Second, Sections 4 and 5 and Alticle V, Pait First, Section 3 authorizing 
the Legislature, by proper enactment, to determine the method by which the Governor 
and members of the State Senate and House of Representatives are elected.' 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. 21-A MRSA §1, sub-§35-A, as enacted by IB 2015, c. 3, §2, is amended 
to read: 
35-A. Ranked-choice voting. "Ranked-choice voting" means the method of casting 
and tabulating votes in which voters rank candidates in order of preference, tabulation 
proceeds in sequential rounds in which last-place candidates are defeated and the 
candidate with the most votes in the final round is elected. 
This subsection is repealed December 1, 2021 unless, prior to that date, the voters of the 
State ratify an amendment to the Constitution of Maine, Article IV, Part First. Section 5, 
Atticle IV, Part Second, Sections 4 and 5 and Article V. Part First, Section 3 authorizing 
the Legislature, by proper enactment, to detennine the method by which the Governor 
an9- members of the State Senate and House of Representatives are elected.' 
Amend the bill in section 2 in paragraph J by inserting at the end the following: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" g 
"to H.P. 113'7, L.D. 1646 
'This paragraph is repealed December 1, 2021 unless, prior to that date, the voters of 
the State ratify an amendment to the Constitution of Maine, Article IV, Part First, 
Section 5, Article IV, Part Second, Sections 4 and 5 and Article V, Part First, Section 
authorizing the Legislature, by proper enactment. to dete1mine the method by 
which the Governor and members of the State Senate and House of Representatives 
are elected.' 
Amend the bill in section 5 in subsection 1 by striking out all of the first sentence 
(page 2, lines 5 to 8 in L.D.) and inserting-the following: 
'In a primary election held before December 1, 2021, the person who receives a plurality 
of the votes cast for nomination to any office, as long as there is at least one vote cast for 
that office, is nominated for that office, except for write-in candidates under paragraph A. 
In a primmy election held on or after December 1, 2021. the person who is determined 
the winner pursuant to section 723-A for nomination to any office, as long as there is at 
least one vote cast for that office, is nominated for that office, except for write-in 
candidates under paragraph A.' 
Amend the bill by adding after section 9 the following: 
'Sec. 10. 21-A MRSA §723-A, sub-§6, as enacted by IB 2015, c. 3, §5, is 
amended to read: 
6. Application. This section applies to elections held on or after January 1~ 
December 1, 2021. 
Sec. 11. 21-A MRSA §723-A, sub-§7 is enacted to read: 
7. Contingent repeal. This section is repealed December 1, 2021 unless, prior to 
that date, the voters of the State ratify an amendment to the Constitution of Maine, Alticle 
IV, Part First, Section 5, Article IV, Part Second, Sections 4 and 5 and Ai·ticle V, Patt 
First, Section 3 authorizing the Legislature, by proper enactment, to determine the 
method by which the Governor and members of the State Senate and House of 
Representatives are elected. 
Sec. 12. Secretary of State to report. The Secretary of State shall conduct an 
evaluation of implementation of ranked-choice voting for primary elections for the 
offices of United States Senator, United States Representative to Congress, Governor, 
State Senator and State Representative and general and special elections for the offices of 
United States Senator and United States Representative to Congress, including, but not 
limited to, identification of statutory conflicts between Initiated Bill 2015, chapter 3 as 
amended by this Act and relevant provisions of the Maine Revised Statutes. 
The 
evaluation must include an estimate of the costs associated with the implementation of 
ranked-choice voting. No later than January 2, 2019, the Secretary of State shall submit a 
report to the joint standing committee of the Legislature having jurisdiction over election 
matters, inpluding recommended legislation, for the administration of ranked-choice 
voting for the elections as described in this section. The joint standing committee of the 
Legislature having jurisdiction over election matters is authorized to submit legislation 
based on the report described in this section to the First Regular Session of the 129th 
Legislature. 
COMMITTEE AMENDMENT 
R,rAS .. 
COMMITTEE AMENDMENT "B "to H.P. 1137, L.D. 1646 
Sec. 13. Contingent legislation. If the Maine Revised Statutes, Title 21-A, 
section 723-A is repealed pursuant to Title 21-A, section 723-A, subsection 7, the joint 
standing committee of the Legislatme having jurisdiction over election matters shall 
submit a bill to the Second Regular Session of the 130th Legislature to reflect the repeal 
ofranked-choice voting provisions found in the Maine Revised Statutes.' 
Amend the bill by rclettering or renumbering any nonconsecutive Prut letter or 
section number to read consecutively. 
SUMMARY 
This amendment delays the implementation of ranked-choice voting until elections 
held after December 1, 2021. This amendment provides that the laws governing ranked-
choice voting are repealed unless the Constitution of Maine is amended to authorize the 
Legislature to determine the method by which the Governor and members of the 
Legislature are elected. The amendment requires the Secretary of State to submit a report 
on the implementation of ranked-choice voting to the joint standing committee of the 
Legislature having jurisdiction over election matters no later than J anua1y 2, 2019. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 10/ 18/17 feac:.. 
LD 1646 
LR 2379(03) 
An Act To Bring Maine's Ranked-choke Voting Law into Constitutional Compliance 
Fiscal Note for Bill as Amended by Committee Amendment ,B.( H" Sb~) 
Committee: Veterans and Legal Affairs 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Unbudgeted savings on delay or repeal - General Fund 
Unbudgeted savings on delay or repeal - Highway Fund 
Costs related to ranked-choice voting were estimated in the fiscal note for LD 1557 of the 127th Legislature, which 
was introduced as Initiated Bill 2 in response to a successful citizen initiated petition drive. As LD 1557 was 
indefinitely postponed, there was no opportunity to put funding for the Secretary of State (SOS) or the Department of 
Public Safety (DPS) into that bill. Subsequent approval by the voters in November of 2016 meant any funding would 
have to wait for implementing legislation. Delaying implementation of ranked-choice voting until elections held after 
December 1, 2021 will eliminate any funding that would have been required by the SOS and the DPS in the current 
biennium. As no funding has ever been budgeted, no savings will be booked on delay. 
Additional costs to the Department of Secretary of State associated with conducting an evaluation and recommending 
legislation for the administration of ranked-choice voting can be absorbed within existing budgeted resources. Any 
appropriations and allocations associated with implementing ranked-choice voting would need to be included within 
that subsequent legislation. If the Constitution of Maine is not amended, the laws governing ranked-choice voting are 
repealed and no funding will be required. 
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