An Act To Amend the Laws on the Conduct of Elections and To Establish a Nonpartisan Primary Election System for State and Federal Candidates
Maine Legislature, Session 128, LD 1086
Committee: Veterans and Legal Affairs
Sponsors: RYKERSON, GRATWICK, BATTLE, HARLOW, SYLVESTER
Amends: 21-A MRSA §111, 21-A MRSA §144, 21-A MRSA §334, 21-A MRSA §340, 21-A MRSA §431, 21-A MRSA §603, 21-A MRSA §625, 21-A MRSA §673, 21-A MRSA §759, 21-A MRSA §825

Legislative Document
No. 1086
H.P. 764
House of Representatives, March 21, 2017
An Act To Amend the Laws on the Conduct of Elections and To 
Establish a Nonpartisan Primary Election System for State and 
Federal Candidates
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative RYKERSON of Kittery.
Cosponsored by Senator GRATWICK of Penobscot and
Representatives: BATTLE of South Portland, HARLOW of Portland, SYLVESTER of 
Portland.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  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. 2.  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Sec. 3.  21-A MRSA §144, sub-§3, as repealed and replaced by PL 2013, c. 457, 
§2, is 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 may sign a primary nomination petition 
during the 15-day period after filing an application to change enrollment, and the voter’s 
signature must be counted as valid, as long as the 15-day period has elapsed by the time 
the petition is certified pursuant to section 335, subsection 7 and the voter otherwise is 
qualified to sign a petition for that office.  Notwithstanding subsection 4, 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. 4.  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. 5.  21-A MRSA §340, as enacted by PL 1987, c. 423, §3, is repealed. 
Sec. 6.  21-A MRSA §431, sub-§2, as enacted by PL 2015, c. 474, §4, is amended 
to read: 
2.  Eligible voter.  Notwithstanding section 340, subsection 1, only Only a voter who 
is enrolled in a party may vote in the party's presidential primary election. 
Sec. 7.  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. 8.  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. 9.  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. 10.  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. 11.  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. 12.  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. 13.  21-A MRSA §825, sub-§1, as enacted by PL 1985, c. 161, §6, is 
repealed. 
Sec. 14.  Effective date.  This Act takes effect January 1, 2018. 
SUMMARY 
This bill amends the election laws to create a nonpartisan primary process for the 
election of Legislators, United States Senators, Representatives to Congress and other 
state and county officers. 
The bill also amends the laws on the conduct of elections by requiring that a sample 
ballot be provided with an absentee ballot and that a sample ballot be posted in or near 
each voting booth on election day.  It 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.