An Act To Bring Maine's Ranked-choice Voting Law into Constitutional Compliance (AFTER DEADLINE)
Maine Legislature, Session 128, LD 1646
Committee: Veterans and Legal Affairs
Sponsors: ACKLEY
Amends: 21-A MRSA §1, 21-A MRSA §601, 21-A MRSA §695, 21-A MRSA §722, 21-A MRSA §723, 21-A MRSA §723-A

Legislative Document
No. 1646
H.P. 1137
House of Representatives, August 2, 2017
An Act To Bring Maine's Ranked-choice Voting Law into 
Constitutional Compliance
(AFTER DEADLINE)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative ACKLEY of Monmouth.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  21-A MRSA §1, sub-§27-C, as enacted by IB 2015, c. 3, §1, is repealed 
and the following enacted in its place: 
27-C.  Elections determined by ranked-choice voting.  "Elections determined by 
ranked-choice voting" means: 
A.  Primary elections for the offices of United States Senator, United States 
Representative to Congress, Governor, State Senator and State Representative; 
B.  General and special elections for the offices of United States Senator and United 
States Representative to Congress; and 
C.  General and special elections for the offices of Governor, State Senator and State 
Representative. 
This paragraph takes effect only if 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 3 that authorizes 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 is ratified. 
Sec. 2.  21-A MRSA §601, sub-§2, ¶J, as enacted by IB 2015, c. 3, §3, is 
amended to read: 
J.  For offices elected elections determined by ranked-choice voting, the ballot must 
be simple and easy to understand and allow a voter to rank candidates for an office in 
order of preference. A voter may include no more than one write-in candidate among 
that voter's ranked choices for each office. 
Sec. 3.  21-A MRSA §695, first ¶, as amended by PL 2001, c. 516, §10, is further 
amended to read: 
Except for elections determined by ranked-choice voting, the following provisions 
apply to the counting of ballots.  The election clerks shall count the ballots under the 
supervision of the warden as soon as the polls are closed, except that if, in the opinion of 
the municipal clerk the public interests will best be served, referendum ballots may be 
counted on the day immediately following the election, as long as the count is completed 
within 24 hours after the polls are closed.  If referendum ballots are counted under this 
exception, the municipal clerk is responsible for the security and safekeeping of the 
ballots until the count has been completed. 
Sec. 4.  21-A MRSA §722, sub-§1, as amended by PL 2017, c. 141, §2, is further 
amended to read: 
1.  How tabulated.  The Secretary of State shall tabulate all votes that appear by an 
election return to have been cast for each question or candidate whose name appeared on 
the ballot.  For offices elected elections determined by ranked-choice voting, the 
Secretary of State shall tabulate the votes according to the ranked-choice voting method 
described in section 723-A. The Secretary of State shall tabulate the votes that appear by 
an election return to have been cast for a declared write-in candidate based on a recount 
requested and conducted pursuant to section 737-A, subsection 2-A. 
Sec. 5.  21-A MRSA §723, sub-§1, as amended by PL 2017, c. 248, §5, is further 
amended to read: 
1.  Primary election.  In a primary election, the person who receives a plurality of 
the votes cast 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. 
A.  A write-in candidate who complies with section 722-A and who fulfills the other 
qualifications under section 334 may be nominated at the primary election if that 
person receives a number of valid write-in votes equal to at least twice the minimum 
number of signatures required under section 335, subsection 5 on a primary petition 
for a candidate for that office. 
B.  The Secretary of State shall immediately certify by mail the nomination of each 
person nominated by the primary election. 
Sec. 6.  21-A MRSA §723, sub-§2, as amended by PL 2017, c. 248, §6, is further 
amended to read: 
2.  Other elections.  In any other election except for those determined by ranked-
choice voting, the person who receives a plurality of the votes cast for election to any 
office, as long as there is at least one vote cast for that office, is elected to that office, 
except that a write-in candidate must also comply with section 722-A. 
Sec. 7.  21-A MRSA §723-A, sub-§2, as enacted by IB 2015, c. 3, §5, is amended 
to read: 
2.  Procedures.  Except as provided in subsections 3 and 4, the following procedures 
are used to determine the winner in of an election for an office elected determined by 
ranked-choice voting. Tabulation must proceed in rounds. In each round, the number of 
votes for each continuing candidate must be counted. Each continuing ballot counts as 
one vote for its highest-ranked continuing candidate for that round. Exhausted ballots are 
not counted for any continuing candidate. The round then ends with one of the following 
potential outcomes. 
A.  If there are 2 or fewer continuing candidates, the candidate with the most votes is 
declared the winner of the election. 
B.  If there are more than 2 continuing candidates, the last-place candidate is defeated 
and a new round begins. 
Sec. 8.  21-A MRSA §723-A, sub-§5, as enacted by IB 2015, c. 3, §5, is amended 
to read: 
5.  Effect on rights of political parties.  For all statutory and constitutional 
provisions in the State pertaining to the rights of political parties, the number of votes cast 
for a party's candidate for an office elected determined by ranked-choice voting is the 
number of votes credited to that candidate after the initial counting in the first round 
described in subsection 2. 
Sec. 9.  21-A MRSA §723-A, sub-§5-A is enacted to read: 
5-A.  Rules.  The Secretary of State shall adopt rules for the proper and efficient 
administration of elections determined by ranked-choice voting.  At a minimum, rules 
required under this subsection must include procedures, as determined appropriate by the 
Secretary of State, for requesting and conducting recounts of the results as determined in 
the rounds of tabulation described in subsection 2.  Rules adopted pursuant to this 
subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill amends the ranked-choice voting law to bring it into compliance with the 
Constitution of Maine by applying the provisions of the law only to 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.  The bill does not 
allow ranked-choice voting to be used for general and special elections for the offices of 
Governor, State Senator and State Representative unless an amendment to the 
Constitution of Maine, Article IV, Part First, Section 5, Article IV, Part Second, Sections 
and 5 and Article V, Part First, Section 3 that authorizes 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 is ratified. 
The bill requires the Secretary of State to adopt routine technical rules for the 
administration of ranked-choice voting, including the administration of recounts. 
FISCAL NOTE REQUIRED 
(See attached) 
Approved: 07/19/17
LD 1646     
LR 2379(01)
Fiscal Detail and Notes
This bill implements ranked-choice voting for primary elections and general and special elections for the offices of 
United States Senator and United States Representative to Congress. The Department of Secretary of State will 
require General Fund appropriations of $684,790 in fiscal year 2017-18 and $542,440 in fiscal year 2018-19 and the 
Department of Public Safety will require $96,768 annually beginning in fiscal year 2017-18. It will also require 
Highway Fund allocations to the Department of Public Safety of $52,106 annually beginning in fiscal year 2017-18.
Fiscal Note Required: Yes
Fiscal Note
Current biennium cost increase - General Fund
Current biennium cost increase - Highway Fund
An Act To Bring Maine's Ranked-choice Voting Law into Constitutional Compliance
Fiscal Note for Original Bill
Sponsor: Rep. Ackley of Monmouth
Committee: Not Referred
LR2379(01) - Fiscal Note - Page 1 of 1