An Act To Implement Ranked-choice Voting for Presidential Primary and General Elections in Maine
Maine Legislature, Session 129, LD 1083
Committee: Veterans and Legal Affairs
Sponsors: JACKSON, WARREN, BELLOWS, BREEN, CHENETTE, GRATWICK, MILLETT, MIRAMANT, VITELLI, GROHOSKI
Amends: 21-A MRSA §1, 21-A MRSA §335, 21-A MRSA §601-B, 21-A MRSA §801, 21-A MRSA §803, 21-A MRSA §805

Legislative Document
No. 1083
S.P. 315
In Senate, March 5, 2019
An Act To Implement Ranked-choice Voting for Presidential 
Primary and General Elections in Maine
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by President JACKSON of Aroostook.
Cosponsored by Representative WARREN of Hallowell and
Senators: BELLOWS of Kennebec, BREEN of Cumberland, CHENETTE of York, 
GRATWICK of Penobscot, MILLETT of Cumberland, MIRAMANT of Knox, VITELLI of 
Sagadahoc, Representative: GROHOSKI of Ellsworth.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  21-A MRSA §1, sub-§27-C, ¶C is enacted to read:
C.  Primary elections for the office of President of the United States and general 
elections for presidential electors.
Sec. 2.  21-A MRSA §335, sub-§5, ¶B-3 is enacted to read:
B-3.  For a candidate for the office of President of the United States, at least 2,000 
and not more than 3,000 voters;
Sec. 3.  21-A MRSA §335, sub-§6, as amended by PL 2015, c. 474, §2, is further 
amended to read:
6.  When signed.  Except as provided in subchapter 7 8, a petition may not be signed 
before January 1st of the election year in which it is to be used.
Sec. 4.  21-A MRSA §335, sub-§8, as amended by PL 2015, c. 474, §3, is further 
amended to read:
8.  When filed.  Except as provided in subchapter 7 8, a primary petition must be 
filed in the office of the Secretary of State before 5 p.m. on March 15th of the election 
year in which it is to be used.
Sec. 5.  21-A MRSA c. 5, sub-c. 8 is enacted to read:
SUBCHAPTER 8
PRESIDENTIAL PRIMARY ELECTIONS
§441.  Determination and date of primary; voter eligibility
1.  Determination of primary.  When the state committee of a party certifies that 
there is a contest among candidates for nomination as the presidential candidate of the 
party and that the committee has voted to conduct a presidential primary election, the 
State shall hold a presidential primary election.
2.  Date of primary.    A presidential primary election held pursuant to subsection 1 
must be held on a date in March of the presidential election year chosen by the Secretary 
of State.  The Secretary of State shall consult with each party that has made a certification 
pursuant to subsection 1 prior to selecting the date for the presidential primary election.
3.  Eligible voter.  Notwithstanding section 340, subsection 1, only a voter who is 
enrolled in a party may vote in the party's presidential primary election.
§442.  Party certification
The state committee of a party shall file the certification described in section 441, 
subsection 1 with the Secretary of State by December 1st of the year prior to the 
presidential election year.  This certification must contain:
1.  Statement of contest.  A statement that there is a contest among candidates for 
nomination as the presidential candidate of the party;
2.  Identification of contestants.  Identification of at least 2 candidates who have 
declared as contestants for nomination as the presidential candidate of the party; and
3.  Statement of committee vote.  A statement that the state committee has voted to 
conduct a presidential primary election.
§443.  Petitions
On or before July 1st of the year prior to a presidential election year, the Secretary of 
State shall prepare and make available petitions for circulation by a person desiring to be 
a contestant in the state presidential primary election of any party.  This petition must be 
completed and filed at least 45 days before the primary election in the manner provided in 
sections 335 and 336.
§444.  Ballot preparation; candidate eligibility
The Secretary of State shall prepare ballots for a presidential primary election under 
this subchapter in accordance with section 601-B.
1.  Petitions.  A ballot must include the name of a person who files with the Secretary 
of State a petition in accordance with section 443.  The Secretary of State shall determine 
if a petition meets the requirements of sections 335, 336 and 443, subject to challenge and 
appeal under section 337.
2.  Secretary of State determination.  This subsection governs the Secretary of 
State's selection of presidential candidates to appear on the ballot.
A.  A ballot must include the name of a person who is a member of a party that has 
qualified under subchapter 1 and who has been determined by the Secretary of State, 
in the Secretary of State's sole discretion, to be generally advocated for or recognized 
as a presidential candidate of nationwide stature in the national news media 
throughout the United States.  This subsection may not be construed to include so-
called favorite son candidates whose candidacy may be limited to one state.
B.  The Secretary of State shall determine which candidates will be placed on the 
ballot under this subsection at least 30 days before the ballots are prepared.  The 
Secretary of State shall promptly notify a person that the person's name will appear 
on the ballot and advise that person of the steps under paragraph C that the person 
must take if the person does not wish to appear on the ballot.
C.  A person notified by the Secretary of State under paragraph B may have the 
person's name withdrawn from the ballot by filing an affidavit with the Secretary of 
State in which the person swears an oath that the person requests that the person's 
name be withdrawn from the ballot.
In order to withdraw a person's name from the ballot, the Secretary of State must 
receive the affidavit at least 45 days before the date designated for the presidential 
primary election.
§445.  Tabulation of ballots; selection of delegates
1.  Tabulation of ballots.  Tabulation of ballots cast in the presidential primary 
election for each party must proceed according to the ranked-choice method of tabulating 
votes described in section 723-A.
2.  Selection of delegates.  If a party chooses to participate in a presidential primary 
election under this subchapter, delegates to national presidential nominating conventions 
may be selected by the party meeting in convention under subchapter 1, article 3 at any 
time after the presidential primary election.  Selection and allocation of delegates must be 
in accordance with any reasonable procedures established at the state party convention.
§446.  Cost
Whenever a municipality complies with the provisions of this subchapter, the State 
shall bear the cost incurred.
Sec. 6.  21-A MRSA §601-B is enacted to read:
§601-B.  Presidential primary ballot
The Secretary of State shall prepare presidential primary election ballots in 
accordance with section 444 and this section.
1.  Arrangement.  The presidential primary election ballot must be arranged in a 
manner that is as consistent and uniform as possible throughout the State.
2.  Content.  The content of the presidential primary election ballot is governed by 
this subsection.
A.  Instructions must be printed in bold type at the top of the ballot informing the 
voter how to designate the voter's choice on the ballot.
B.  The ballot must contain the name, without any title, and place of residence of each 
candidate, arranged alphabetically with the last name first in block capital letters, 
followed by the first name and middle name or initial, or followed by the first name 
or first initial and the middle name.  The name of each candidate may be printed on 
the ballot in only one space.
C.  The ballot must be simple and easy to understand and allow a voter to rank 
candidates in order of preference.
D.  There must be a heading on the ballot that contains the title of the election, the 
name of the party, the name of the voting district or districts for which the ballot was 
prepared, the date of the election and a facsimile of the state seal.
E.  At the end of the list of candidates for nomination, there must be printed the word 
"uncommitted" in such a way that a voter may rank this preference rather than a listed 
candidate.
F.  There may not be any blank spaces on the ballot where a voter could write in the 
name or place a sticker containing the name of any person for whom the voter desires 
to vote.
3.  Distinctively colored.  The presidential primary election ballots must be printed 
separately for each party on paper of a distinctive color, using white for the party that cast 
the greatest number of votes for Governor at the last gubernatorial election and yellow for 
the party that cast the 2nd highest.  The Secretary of State shall choose a distinctive color 
for ballots for any other party.
Sec. 7.  21-A MRSA §801, sub-§2 is enacted to read:
2.  Tabulation of ballots.  Tabulation of ballots for candidates for President must 
proceed according to the ranked-choice method of tabulating votes described in section 
723-A.
Sec. 8.  21-A MRSA §803, as amended by PL 1989, c. 166, §6, is further amended 
to read:
§803.  Duties of Governor
As soon as possible after the presidential electors are chosen, the Governor shall send 
a certificate of the determination of the electors to the Archivist of the United States 
under the state seal. The certificate shall must state the names of the electors and the 
number of votes which, tabulated according to the ranked-choice method of tabulating 
votes described in section 723-A, that each received. The Governor shall deliver 6 
certificates under the state seal to the electors on or before the first Monday after the 2nd 
Wednesday of December, following their election.
Sec. 9.  21-A MRSA §805, sub-§2, as enacted by PL 1985, c. 161, §6, is amended 
to read:
2.  Presidential electors.  The presidential electors at large shall cast their ballots for 
the presidential and vice-presidential candidates who received the largest number of most 
votes in the State as determined by the ranked-choice method of tabulating votes 
described in section 723-A. The presidential electors of each congressional district shall 
cast their ballots for the presidential and vice-presidential candidates who received the 
largest number of most votes in each respective congressional district as determined by 
the ranked-choice method of tabulating votes described in section 723-A.
SUMMARY
This bill provides that, whenever the state committee of a qualified political party 
certifies that there is a contest among candidates for nomination as the presidential 
candidate of the party and that the committee has voted to conduct a presidential primary 
election, the State shall hold a presidential primary election on a date in March of the 
presidential election year chosen by the Secretary of State in consultation with the parties.  
Only voters who are enrolled in the party may vote in that party's presidential primary 
election.  The votes cast in the presidential primary for each party must be tabulated 
according to the ranked-choice method of tabulating votes.  The selection of delegates to 
the national presidential nominating convention for each party and allocation of those 
delegates among primary candidates must be in accordance with any reasonable 
procedures established at the state party convention.
This bill also requires the ballots cast for presidential electors during the general 
election to be tabulated according to the ranked-choice method of tabulating votes.