An Act To Clarify Residency Requirements for Legislative Candidates
Maine Legislature, Session 129, LD 0095
Committee: Veterans and Legal Affairs
Sponsors: HIGGINS, DAVIS, EVANGELOS, FOSTER, STEARNS
Amends: 21-A MRSA §333-A, 21-A MRSA §338, 21-A MRSA §352-A, 21-A MRSA §722-A, 21-A MRSA §723

Legislative Document
No. 95
H.P. 81
House of Representatives, January 15, 2019
An Act To Clarify Residency Requirements for Legislative 
Candidates
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HIGGINS of Dover-Foxcroft.
Cosponsored by Senator DAVIS of Piscataquis and
Representatives: EVANGELOS of Friendship, FOSTER of Dexter, STEARNS of Guilford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  21-A MRSA §333-A is enacted to read:
§333-A.  Qualification for state legislative office
1.  Primary residence in district when nominated.  A person may not be a 
candidate for nomination at a primary election as a State Senator or State Representative 
unless, at the time of the person’s nomination for placement on the primary election 
ballot, the primary residence of that person is located in the district the person seeks to 
represent.
2.  Primary residence in district prior to election.  A person may not be a 
candidate for election as a State Senator or State Representative unless, for the 3 months 
immediately preceding the date of the general election or special election, the primary 
residence of that person is located in the district the person seeks to represent.
3.  Primary residence during term of office.  A person elected as a State Senator or 
State Representative must maintain a primary residence in the district the person 
represents throughout the person’s term of office.
Sec. 2.  21-A MRSA §338, as enacted by PL 1985, c. 161, §6, is amended to read:
§338.  Write-in candidates
A person whose name will not appear on the printed primary ballot because he the 
person did not file a petition and consent under sections 335 and 336, but who fulfills the 
other qualifications under section 334, may be nominated at the primary election as a 
write-in candidate in accordance with section 723, subsection 1.  A person may not be 
nominated at the primary election as a write-in candidate for State Senator or State 
Representative unless the primary residence of that person is located in the district the 
person seeks to represent.
Sec. 3.  21-A MRSA §352-A is enacted to read:
§352-A.  Qualification for state legislative office
1.  Primary residence in district when nominated.  A person may not be a 
candidate for election as a State Senator or State Representative unless, at the time of the 
person's nomination for placement on the general or special election ballot, the primary 
residence of that person is located in the district the person seeks to represent.
2.  Primary residence in district prior to election.  A person may not be a 
candidate for election as a State Senator or State Representative unless, for the 3 months 
immediately preceding the date of the general election or special election, the primary 
residence of that person is located in the district the person seeks to represent.
3.  Primary residence during term of office.  A person elected as a State Senator or 
State Representative must maintain a primary residence in the district the person 
represents throughout the person's term of office.
Sec. 4.  21-A MRSA §722-A, as amended by PL 2015, c. 447, §26, is further 
amended to read:
§722-A.  Determination of declared write-in candidate
To be considered a declared write-in candidate, a person must file a declaration of 
write-in candidacy with the Secretary of State, on a form approved by the Secretary of 
State, on or before 5 p.m. on the 60th day prior to the election.  The candidate must meet 
all the other qualifications for that office including, if applicable, the requirements of 
section 352-A, subsection 2.
Sec. 5.  21-A MRSA §723, sub-§1, ¶A, as amended by PL 2017, c. 248, §5, is 
further amended to read:
A.  A write-in candidate who complies with section 722-A and who fulfills the other 
qualifications under section 334 338 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.
SUMMARY
This bill clarifies that the primary residence of a candidate for election as a State 
Senator or State Representative must be located in the district the candidate seeks to 
represent on the date of the candidate's nomination for placement on a primary, general or 
special election ballot.  The bill also clarifies that the primary residence of a candidate for 
election as a State Senator or State Representative must be located in the district the 
candidate seeks to represent for the 3 months immediately preceding the general election 
and, if the candidate is elected, throughout the candidate's term of office.