An Act To Clarify Residency Requirements for Legislative Candidates
Maine Legislature, Session 129, LD 0095
Committee Amendment CA_A_H40 (House)
Amends: 21-A MRSA §1, 21-A MRSA §336, 21-A MRSA §355, 21-A MRSA §361, 21-A MRSA §361-A, 21-A MRSA §722-A

COMMITTEE AMENDMENT "A" to H.P. 81, L.D. 95, Bill, "An Act To Clarify 
Residency Requirements for Legislative Candidates" 
Amend the bill by inserting after the enacting clause and before section 1 the 
following: 
'Sec. 1. 21-A MRSA §1, sub-§32-A is enacted to read: 
32-A. 
Primary residence. 
"Primary residence" has the same meaning as 
"residence," except that a person's primaiy residence may be a nontraditional residence, 
including but not limited to a shelter, park or underpass. A person may not have more 
than one primaiy residence at a time. If a person claims a homestead exemption on 
property under Title 36, chapter 105, subchapter 4-B, that property is presumed to be the 
person's primary residence until the person: 
A. 
Claims a homestead exemption on another property, at which time the other 
property is presumed to be the person's primary residence; or 
B. No longer claims a homestead exemption.' 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. 21-A MRSA §336, sub-§3, as amended by PL 1995, c. 459, §24, is 
further amended to read: 
3. Residence and party declared. The Except as provided in subsection 4, the 
consent must contain a declaration of the candidate's place of residence and party 
designation and a statement that the candidate meets the qualifications of the office the 
candidate seeks, which the candidate must verify by oath or affirmation before a notary 
public or other person authorized by law to administer oaths or affirmations that the 
declaration is true. If, pursuant to the challenge procedures in section 337, any part of the 
declaration is found to be false by the Secretary of State, the consent and the primary 
petition are void. 
Sec. 3. 21-A MRSA §336, sub-§4 is enacted to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. I} .. to H.P. 81, L.D. 95 
4. Candidates for state legislative office; primary residence and party declared. 
The consent of a candidate for State Senator or State Representative must contain a 
declaration of the candidate1s party designation and a statement that the candidate meets 
the qualifications of office, including that the candidate
1s primary residence is located in 
the district the person seeks to represent. The candidate must verify by oath or affirmation 
before a notary public or other person authorized by law to administer oaths or 
affirmations that the declaration is true. If, pursuant to the challenge procedures in 
section 337, any part of the declaration is found to be false by the Secretary of State, the 
consent and the primary petition are void. 1 
Amend the bill by striking out all of section 4 and inserting the following: 
1Sec. 4. 21-A MRSA §355, sub-§3, as amended by PL 1999, c. 645, §2, is further 
amended to read: 
3. Qualifications declared. +hs Except as provided in subsection 4, the consent 
must contain a declaration of the candidate1s place of residence and the fact that the 
candidate has not been enrolled in a party qualified to participate in a primary or general 
election after March 1st of that election year and that the candidate meets the 
qualifications of the office the candidate seeks. The candidate must verify by oath or 
affirmation before a notary public or other person authorized by law to administer oaths 
or affirmations that the declaration is true. If, pursuant to the challenge procedures in 
section 356, any part of the declaration is found to be false by the Secretary of State, the 
consent and the nomination petition are void. 
A. Candidates for the office of county charter commission need not verify by oath or 
affirmation that they are not enrolled in a party. 
Sec. 5. 21-A MRSA §355, sub-§4 is enacted to read: 
4. Candidates for state legislative office; qualifications declared. The consent 
must contain a declaration of the fact that the candidate has not been enrolled in a party 
qualified to participate in a primary or general election after March 1st of that election 
year and that the candidate meets the qualifications of the office the candidate seeks, 
including that the candidate1s primary residence is located in the district the person seeks 
to represent. The candidate must verify by oath or affirmation before a notary public or 
other person authorized by law to administer oaths or affirmations that the declaration is 
true. If, pursuant to the challenge procedures in section 356, any part of the declaration is 
found to be false by the Secretary of State, the consent and the nomination petition are 
void. 
Sec. 6. 21-A MRSA §361, as enacted by PL 1985, c. 161, §6, is repealed. 
Sec. 7. 21-A MRSA §361-A is enacted to read: 
§361-A. Vacancy defined; unexpired term 
1. Vacancy in state legislative office. A vacancy occurs in the office of State 
Senator or State Representative when the incumbent fails to qualify, dies, resigns or 
becomes disqualified or when the primary residence of the incumbent changes to a 
district other than the district the incumbent represents in violation of section 352-A, 
subsection 3. 
· 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 81, L.D. 95 
2. Vacancy in other offices. A vacancy in any federal, county or state office other 
than the office of State Senator or State Representative, in the office of an election 
official or in any political committee occurs when the incumbent fails to qualify, dies, 
resigns or becomes disqualified or when the residence of the incumbent changes to an 
electoral division other than the division in which the incumbent was elected. 
3. Filled for unexpired term. 
A vacancy in any office must be filled for an 
unexpired term, except where it is specifically provided to the contrary. 
Sec. 8. 21-A MRSA §722-A, sub-§§1 and 2 are enacted to read: 
1. 
Additional requirements; candidates for state legislative office. 
To be 
considered a declared write-in candidate for the office of State Senator or State 
Representative, a person must declare that the person meets all of the qualifications for 
that office, including that the person's primary residence is located in the district the 
person seeks to represent on a form approved by the Secretary of State. The candidate 
must verify by oath or affirmation before a notary public or other person authorized by 
law to administer oaths or affirmations that the declaration is true. If, pursuant to the 
challenge procedures in subsection 2, any part of the declaration required by this section 
is found to be false, the person may not be considered a declared write-in candidate. 
2. Challenge to determination of declared write-in candidate for State Senator 
or State Representative. The procedure for challenging the validity of a declaration 
under subsection 1 is as follows. 
A. Only a registered voter residing in the electoral division of the office that the 
declared write-in candidate who filed the declaration under subsection 1 seeks to fill 
may file a challenge. The challenge must be in writing and must set fotth the reasons 
for the challenge. The challenge must be filed in the office of the Secretary of State 
by 5 p.m. on the 5th business day after the deadline for filing the declaration under 
this section. 
B. Within 7 days after the final date for filing challenges and after due notice of the 
hearing is provided to the declared write-in candidate and to the challenger, the 
Secretary of State shall hold a public hearing on any challenge properly filed. The 
challenger has the burden of providing evidence that the declared write-in candidate 
does not meet the qualifications for that office. 
C. The Secretary of State shall rule on a challenge within 5 days after the completion 
of the hearing described in paragraph B. 
D. A challenger or the declared write-in candidate may appeal the decision of the 
Secreta1y of State by commencing an action in the Superior Court. This action must 
be conducted in accordance with the Maine Rules of Civil Procedure, Rule SOC, 
except as modified by this section. This action must be commenced within 5 days of 
the date of the decision of the Secretary of State. Upon timely application, anyone 
may intervene in this action when the applicant claims an interest relating to the 
subject matter of the petition, unless the applicant's interest is adequately represented 
by existing parties. The court shall· issue its 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 decision of the Secretary of State. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. I},, to H.P. 81, L.D. 95 
E. Any aggrieved party may appeal the decision of the Superior Court, 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 4 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 
days of the date of the decision of the Superior Court.
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment, which is the minority report of the committee, adds a definition of 
11primary residence
to the bill and specifies that, when a person who is a State Senator or 
State Representative, or a candidate for those offices, claims a homestead exemption 
under the Maine Revised Statutes, Title 36, chapter 105, subchapter 4-B, that property is 
presumed to be the person's primary residence until the person claims a homestead 
exemption on another property or until the person no longer claims a homestead 
exemption on any property. A person who files a primary petition or a nomination 
petition for these offices or who seeks to be declared a write-in candidate for these offices 
must declare, under oath, that the person's primary residence is in the district the person 
seeks to represent. 
The amendment also clarifies that a. vacancy occurs in the office of State Senator or 
State Representative when the incumbent no longer maintains a primary residence in the 
district the person represents. 
FISCAL NOTE REQUlRED 
(See Attached) 
COMMITTEE AMENDMENT 
Approved: 02/22/19 frac::.. 
LD95 
LR 313(02) 
An Act To Clarify Residency Requirements for Legislative Candidates 
Fiscal Note for Bill as Amended by Committee Amendment •A( f/-'/6) 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Any additional costs to the Department of Secretmy of State associated with a potential increase in administrative 
hearings can be absorbed within existing budgeted resources. 
LR03 l 3(02) - Fiscal Note - Page 1 of 1