An Act To Amend the Election Laws Relating to Party Qualification (AFTER DEADLINE)
Maine Legislature, Session 128, LD 1571
Committee: Veterans and Legal Affairs
Sponsors: LUCHINI
Amends: 21-A MRSA §1, 21-A MRSA §23, 21-A MRSA §301, 21-A MRSA §302, 21-A MRSA §303, 21-A MRSA §303-A, 21-A MRSA §303-B, 21-A MRSA §305, 21-A MRSA §306, 21-A MRSA §307, 21-A MRSA §321, 21-A MRSA §322, 21-A MRSA §323, 21-A MRSA §331

Legislative Document
No. 1571
H.P. 1082
House of Representatives, May 2, 2017
An Act To Amend the Election Laws Relating to Party Qualification
(AFTER DEADLINE)
Submitted by the Secretary of State and 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 LUCHINI of Ellsworth.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  21-A MRSA §1, sub-§22, as enacted by PL 1985, c. 161, §6, is amended 
to read: 
22.  Major party.  "Major party" means a political party polling the greatest or the 
next greatest number of votes cast for Governor at the last gubernatorial that has more 
than 50,000 enrolled members as of the end of December following a general election. 
Sec. 2.  21-A MRSA §1, sub-§24, as enacted by PL 1985, c. 161, §6, is amended 
to read: 
24.  Minor party.  "Minor party" means a political party other than a major party that 
has no fewer than 5,000 and no more than 50,000 enrolled members as of the end of 
December following a general election. 
Sec. 3.  21-A MRSA §23, sub-§3-B, as enacted by PL 2013, c. 131, §3, is 
amended to read: 
3-B.  Party formation documents.  The Secretary of State shall keep party 
formation declarations of intent and certification forms filed pursuant to section sections 
and 303-A in the office of the Secretary of State for 6 months after any appeal period 
has passed. 
Sec. 4.  21-A MRSA §301, as amended by PL 2011, c. 227, §1, is further amended 
to read: 
§301.  Qualified parties 
1.  Major party; primary election.  A major party qualifies to participate in a 
primary election if its designation was listed on the ballot of either of the 2 preceding 
general elections and if: 
A.  The party held municipal caucuses as prescribed by Article 2 in at least one 
municipality in a minimum of 14 counties in the State during the election year in 
which the designation was listed on the ballot and any interim election year and 
fulfills this same requirement during the year of the primary election; 
B.  The party held a state convention as prescribed by Article III 3 during the election 
year in which the designation was listed on the ballot and any interim election year; 
and 
E.  At least 10,000 voters enrolled in the party voted in the last general election. 
Each state party committee of a major party must file a statement with the Secretary of 
State on or before March 20th certifying that the party has held the municipal caucuses 
required by paragraph A.  The statement must be signed by the party chair or the chair's 
designated agent. 
2.  General election.  A major party which that qualifies under subsection 1 to 
participate in a primary election must, in that same year, hold a state convention as 
prescribed by Article III 3 in order to have the party designation of its candidates printed 
on the ballot in the general election of that year. 
3.  Minor party.  A minor party qualifies to nominate candidates by state convention 
and to have the party designation of its candidates printed on the ballot in the general 
election of that year if its designation was listed on the ballot of either of the 2 preceding 
general elections and if: 
A.  The minor party held municipal caucuses as prescribed by Article 2 in at least one 
municipality in a minimum of 14 counties in the State during the election year in 
which the designation was listed on the ballot and any interim election year and 
fulfills this same requirement during the year of the general election; 
B.  The minor party held a state convention as prescribed by Article 3 during the 
election year in which the designation was listed on the ballot and any interim 
election year; and 
C.  At least 5,000 voters were enrolled in the minor party as of the end of December 
following the most recent general election. 
Each state party committee of a minor party must file a statement with the Secretary of 
State on or before April 20th certifying that the party has held the municipal caucuses 
required by paragraph A. The statement must be signed by the party chair or the chair's 
designated agent. 
Sec. 5.  21-A MRSA §302, as amended by PL 1999, c. 450, §§2 to 5, is further 
amended to read: 
§302.  Formation of new party; organization about a candidate 
A party whose designation was not listed on the general election ballot in the last 
preceding general election qualifies to participate in a primary election, have the party 
designation of its candidates on the ballot in the next general election if it meets the 
requirements of subsections 1 and 2. 
1.  Declaration of intent.  A voter or a group of voters not enrolled in a party 
qualified under section 301 must file a declaration of intent to form a party with the 
Secretary of State before 5 p.m. on the 180th day preceding the next primary election.  
The declaration of intent must be on a form designed by the Secretary of State and must 
include:  
A.  The designation of the proposed party; 
B.  The name of a candidate for Governor or for President in the last preceding 
general election who was nominated by petition under subchapter II 2 and who 
received 5% or more of the total vote cast in the State for Governor or for President 
in that election; 
C.  The signed consent of that candidate; and 
D.  The name, address, telephone number, if published, and signature of the voter or 
one of the group of voters who files the declaration of intent. 
2.  Enrollment of voters.  After filing the declaration described in subsection 1, the 
voter or voters proposing to form the party may then enroll voters in the proposed party 
under sections 141 to 145. 
3.  Municipal caucuses.  A party that has qualified under subsections 1 and 2 to 
participate in a primary election have the party designation of its candidates on the ballot 
in the next general election must conduct municipal caucuses in at least one municipality 
in each of the 16 counties during that election year as prescribed in Article II 2.  The chair 
of the municipal committee or a resident voter in the municipality must file a copy of the 
notice required by section 311, subsection 3 with the Secretary of State before 5 p.m. on 
March 20th. 
4.  Convention.  A party that has qualified under subsections 1 and 2 to participate in 
a primary election must in that same year conduct the municipal caucuses under 
subsection 3 and hold a state convention as prescribed by Article III 3 in order to have the 
party designation of its candidates printed on the ballot in the general election of that 
year.  The voter or group of voters who files the declaration of intent may perform the 
duties of the state committee under section 321, subsection 1 for the party's initial 
convention. 
Sec. 6.  21-A MRSA §303, as amended by PL 2013, c. 131, §11, is further 
amended to read: 
§303.  Formation of new major party; organization by party enrollment 
In addition to the procedure under section 302, a major party whose designation was 
not listed on the general election ballot in the last preceding general election qualifies to 
participate in a primary election if it meets the requirements of subsections 1 and 2. 
1.  Declaration of intent.  Ten or more voters who are not enrolled in a party 
qualified under section 301 must file a declaration of intent to form a major party with the 
Secretary of State between December 1st and December 30th of an even-numbered year. 
The declaration of intent must be on a form designed by the Secretary of State and must 
include: 
A.  The designation of the proposed major party; and 
B.  The names, addresses, telephone numbers, if published, and signatures of the 
voters who file the declaration of intent. 
2.  Enrollment of voters.  Within 5 business days after the declaration of intent 
required in subsection 1 is filed, the Secretary of State shall certify whether the 
application meets the requirements of subsection 1 and, if so, notify the applicants that 
they may enroll voters in the proposed party under sections 141 to 145.  On or before 
December 1st of the odd-numbered year following the filing of the application under 
subsection 1, the applicants must file a certification with the Secretary of State, on a form 
designed by the Secretary of State, that they have at least 5,000 voters enrolled in the 
proposed party. The Secretary of State shall verify the proposed party’s enrollment 
figures within 5 15 business days of receiving the proposed party’s certification and 
notify the applicants whether the proposed party has met the requirements to participate 
in a primary election in the subsequent even-numbered year.  A determination by the 
Secretary of State that the party has not met these requirements may be challenged 
pursuant to section 303-B. 
4.  Municipal caucuses.  A major party that has qualified under subsections 1 and 2 
to participate in a primary election must conduct municipal caucuses in at least one 
municipality in each of the 16 counties during that election year as prescribed in Article 
2.  The chair of the municipal committee or a resident voter in the municipality must file 
a copy of the notice required by section 311, subsection 3 with the Secretary of State 
before 5 p.m. on March 20th. 
5.  Convention.  A major party that has qualified under subsections 1 and 2 to 
participate in a primary election must in that same year conduct the municipal caucuses 
under subsection 4 and hold a state convention as prescribed by Article 3, in order to have 
the party designation of its candidates printed on the ballot in the general election of that 
year.  The voters who file the declaration of intent may perform the duties of the state 
committee under section 321, subsection 1 for the party's initial convention. 
Sec. 7.  21-A MRSA §303-A is enacted to read: 
§303-A.  Formation of new minor party; organization by party enrollment 
In addition to the procedure under section 302, a minor party whose designation was 
not listed on the general election ballot in the last preceding general election qualifies to 
nominate candidates by state convention and to have the party designation of its 
candidates printed on the ballot in the general election of that year if it meets the 
requirements of subsections 1 and 2. 
1.  Declaration of intent.  Ten or more voters who are not enrolled in a party 
qualified under section 301 must file a declaration of intent to form a minor party with the 
Secretary of State between December 1st and December 30th of an even-numbered year.  
The declaration of intent must be on a form designed by the Secretary of State and must 
include: 
A.  The designation of the proposed minor party; and 
B.  The names, addresses, telephone numbers, if published, and signatures of the 
voters who file the declaration of intent. 
2.  Enrollment of voters.  Within 5 business days after the declaration of intent 
required in subsection 1 is filed, the Secretary of State shall certify whether the 
application meets the requirements of subsection 1 and, if so, notify the applicants that 
they may enroll voters in the proposed party under sections 141 to 145. On or before 
March 1st of the next even-numbered year following the filing of the application under 
subsection 1, the applicants must file a certification with the Secretary of State, on a form 
designed by the Secretary of State, that they have at least 5,000 voters enrolled in the 
proposed party. The Secretary of State shall verify the proposed party's enrollment figures 
within 15 business days of receiving the proposed party's certification and notify the 
applicants whether the proposed party has met the requirements to have the party 
designation of its candidates for the general election printed on the ballot in that election 
year.  A determination by the Secretary of State that the party has not met these 
requirements may be challenged pursuant to section 303-B. 
3.  Municipal caucuses.  A minor party that has qualified under subsections 1 and 2 
must conduct municipal caucuses in at least one municipality in each of the 16 counties 
during that election year as prescribed in Article 2. The chair of the municipal committee 
or a resident voter in the municipality must file a copy of the notice required by section 
311, subsection 3 with the Secretary of State before 5 p.m. on April 20th. 
4.  Convention.  A minor party that has qualified under subsections 1 and 2 must in 
that same year conduct the municipal caucuses under subsection 3 and hold a state 
convention as prescribed by Article 3 in order to have the party designation of its 
candidates printed on the ballot in the general election of that year. The voters who file 
the declaration of intent may perform the duties of the state committee under section 321, 
subsection 1 for the party's initial convention. 
Sec. 8.  21-A MRSA §303-B is enacted to read: 
§303-B.  Challenge to denial of party qualification 
If the Secretary of State determines that a party has not met the requirements to 
qualify as a major party pursuant to section 303 or a minor party pursuant to section 
303-A, the proposed party may challenge that determination.  The procedure for 
challenging the determination is as follows. 
1.  Challenge.  A challenge under this section must be in writing, signed by the 
voters who signed the declaration of intent to form a party by enrollment, and must set 
forth the reasons for the challenge. The challenge may include a request for copies of 
voter registration and enrollment or change of enrollment applications that were rejected 
by municipal registrars from up to 15 named municipalities. The challenge must be filed 
in the office of the Secretary of State before 5 p.m. on the 5th business day after the party 
receives the secretary's determination. 
2.  Notification.  Within 5 business days of receiving a properly filed challenge under 
subsection 1, the Secretary of State shall notify the municipalities listed by the challenger 
and direct the municipal officials of those municipalities to submit copies of the rejected 
voter registration and enrollment or change of enrollment applications if requested under 
subsection 1 to the Secretary of State within 5 business days. 
3.  Public hearing.  Within 15 business days after receipt of a properly filed 
challenge under subsection 1, and after providing due notice of the hearing to the 
challenger, the Secretary of State shall hold a public hearing on the challenge. The 
hearing must be held in accordance with the Maine Administrative Procedure Act.  The 
challenger has the burden of providing sufficient evidence to establish that the party did 
enroll a minimum of 5,000 voters by the applicable deadline pursuant to section 303 or 
303-A. 
4.  Ruling.  The Secretary of State shall rule on the validity of any challenge within 5 
business days after the completion of the hearing described in subsection 3. 
5.  Appeal of Secretary of State's determination.  A challenger may appeal the 
determination of the Secretary of State under subsection 4 by commencing an action in 
the Superior Court. This action must be conducted in accordance with the Maine Rules of 
Civil Procedure, Rule 80C, except as modified by this section. This action must be 
commenced within 5 business days of the date of the determination of the Secretary of 
State. Upon timely application, a person may intervene in this action if the person claims 
an interest relating to the subject matter of the petitions, unless the person's interest is 
adequately represented by existing parties. The court shall issue a written decision 
containing its findings of fact and conclusions of law and setting forth the reasons for its 
decision within 20 days of the date of the determination of the Secretary of State. 
6.  Appeal of Superior Court decision.  The challengers may appeal the decision of 
the Superior Court under subsection 5, on questions of law, by filing a notice of appeal 
within 3 days of that decision. The record on appeal must be transmitted to the Law Court 
within 3 days after notice of appeal is filed. After filing notice of appeal, the parties have 
days to file briefs and appendices with the clerk of courts. As soon as the record and 
briefs have been filed, the court shall immediately consider the case. The court shall issue 
its decision within 14 days of the date of the decision of the Superior Court. 
Sec. 9.  21-A MRSA §305, as enacted by PL 1985, c. 161, §6, is amended to read: 
§305.  Secretary of State 
The Secretary of State shall determine whether or not a party has met the 
requirements of sections 301, 302 and, 303 and 303-A. 
Sec. 10.  21-A MRSA §306, as enacted by PL 1985, c. 161, §6, is amended to 
read: 
§306.  Enrolled voters 
A voter who is enrolled in a party which that failed to meet the requirements of 
section 302 or, 303 or 303-A, or which that is disqualified under section 304, is 
considered an unenrolled voter for all purposes. 
Sec. 11.  21-A MRSA §307, first ¶, as enacted by PL 1985, c. 161, §6, is 
amended to read: 
A voter or group of voters seeking to participate as a major party in a primary 
election under section 302 or 303 or as a minor party in a general election under section 
or 303-A must choose a party designation that does not: 
Sec. 12.  21-A MRSA §321, sub-§1, as amended by PL 2005, c. 387, §4, is 
further amended to read: 
1.  Time, place and representation.  The party's state committee shall determine the 
time, place and basis of representation for the convention.  Delegates For a major party, 
delegates must be qualified to vote in the party's primary election unless otherwise 
permitted by party rules.  For a minor party, delegates must be enrolled in the minor party 
and qualified to vote at the convention pursuant to chapter 3, subchapter 3, Article 2. 
Sec. 13.  21-A MRSA §322, sub-§2, as amended by PL 2005, c. 568, §11, is 
further amended to read: 
2.  State committee to report organization.  The chair and the secretary of the state 
committee shall certify to the Secretary of State the names of the party's candidates for 
presidential elector within 30 days after the convention.  A minor party shall submit the 
names and completed consent forms under section 323, subsection 3 of its candidates for 
federal, state or county office who are nominated at the minor party's state convention 
within 30 days after the convention or by 5 p.m. on August 8th of the election year, 
whichever first occurs.  The chair or the secretary of the state committee shall provide 
upon request by the Secretary of State the name, residence and contact information of the 
chair and secretary of any committee and of any committee member. 
Sec. 14.  21-A MRSA §323 is enacted to read: 
§323.  Nomination by convention for minor party candidates 
A minor party's nomination of a candidate must be made by state convention as 
provided in this section. 
1.  Eligibility.  To be eligible for nomination, a person must be enrolled in the minor 
party as of the date of the convention and meet any other requirements that may be 
established by party rules. 
2.  Limitations to candidacy.  A person may not be nominated as a candidate for 
more than one federal, state or county office at any election, except for a candidate for 
membership in a county charter commission or a candidate for presidential elector under 
section 351, subsection 3. 
3.  Consent forms.  A candidate nominated by convention must submit a signed 
written statement on a form provided by the Secretary of State that the candidate will 
accept the nomination of the minor party for the office specified. The form must include a 
list of the statutory and constitutional requirements of that office. The form must contain 
a declaration of the candidate's place of residence and party enrollment, which must be 
certified by the registrar in the candidate's municipality. The form also must contain a 
statement that the candidate meets the qualifications of the office for which the candidate 
is being nominated. The candidate must verify these statements by oath or affirmation 
before a notary public or other person authorized by law to administer oaths or 
affirmations that the declarations are true.  The party shall submit signed consent forms 
for its nominees to the Secretary of State pursuant to section 322, subsection 2. 
Sec. 15.  21-A MRSA §331, sub-§1, as amended by PL 2015, c. 447, §8, is 
further amended to read: 
1.  Nomination by primary election.  A major party's nomination of a candidate 
must be made by primary election, as provided in this Article.  When there is an office for 
which no candidate has qualified either by filing a petition and consent under sections 
and 336 or as a write-in candidate in accordance with section 722-A, the Secretary of 
State is not required to list the office on the primary ballot.  The Secretary of State is not 
required to print a primary ballot if there are no offices for which a candidate has 
qualified. 
Sec. 16.  21-A MRSA §331, sub-§2, as enacted by PL 1985, c. 161, §6, is 
amended to read: 
2.  Exceptions.  This Article does not apply to:  
A.  Nominations for presidential electors; and 
B.  Nominations to fill vacancies under subchapter III; and 3. 
C.  Nominations by petition under subchapter II. 
SUMMARY 
This bill creates a new category of political party, defined as a "minor party," with a 
minimum of 5,000 and a maximum of 50,000 enrolled voters.  A party with more than 
50,000 enrolled voters is defined as a "major party" and nominates candidates through the 
primary election process.  Minor parties do not participate in primaries but instead 
nominate candidates at state conventions and are required to file consent forms and 
statements of qualification for those candidates with the Secretary of State within 30 days 
of the convention or by August 8th of the election year, whichever first occurs.  The bill 
modifies the timeline and procedure for major and minor parties to qualify and to retain 
qualified party status.  It includes an administrative process, similar to the existing one for 
candidate petition challenges, by which a party may challenge a determination by the 
Secretary of State that it has failed to qualify.   These changes to the party qualification 
process are intended to address legal issues raised by the Libertarian Party of Maine in a 
lawsuit filed in 2016, Libertarian Party of Maine v. Dunlap, Docket No. 2:16-cv-00002-
JAW, and addressed by the United States District Court in a preliminary injunction order 
issued on May 27, 2016.