An Act To Facilitate Fair Ballot Representation for All Candidates
Maine Legislature, Session 129, LD 0517
Committee: Veterans and Legal Affairs
Sponsors: FAULKINGHAM, MOORE, ALLEY, BRADSTREET, CAMPBELL, FECTEAU, STEWART, STROM, TUELL
Amends: 21-A MRSA §336, 21-A MRSA §355, 21-A MRSA §363, 21-A MRSA §601, 21-A MRSA §606-A, 21-A MRSA §752

Legislative Document
No. 517
H.P. 374
House of Representatives, January 31, 2019
An Act To Facilitate Fair Ballot Representation for All Candidates
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative FAULKINGHAM of Winter Harbor.
Cosponsored by Senator MOORE of Washington and
Representatives: ALLEY of Beals, BRADSTREET of Vassalboro, CAMPBELL of Orrington, 
FECTEAU of Augusta, McDONALD of Stonington, STEWART of Presque Isle, STROM of 
Pittsfield, TUELL of East Machias.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  21-A MRSA §336, sub-§3, as amended by PL 1995, c. 459, §24, is 
further amended to read:
3.  Name, residence, party and qualifications declared.  The consent must contain 
a declaration of the candidate's legal name as well as the nickname, if any, that the 
candidate wishes to appear on the ballot in addition to the candidate's legal name, 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. 2.  21-A MRSA §355, sub-§3, as amended by PL 1999, c. 645, §2, is further 
amended to read:
3.  Name, residence and qualifications declared.  The consent must contain a 
declaration of the candidate's legal name as well as the nickname, if any, that the 
candidate wishes to appear on the ballot in addition to the candidate's legal name, the 
candidate's 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. 3.  21-A MRSA §363, sub-§3, as amended by PL 2015, c. 447, §9, is further 
amended to read:
3.  Acceptance filed.  A person chosen under this section must file a written 
acceptance containing a statement that the person meets the qualifications of the office 
sought and declaring the person's legal name as well as the nickname, if any, that the 
person wishes to appear on the ballot in addition to the person's legal name, the person's 
residence and the person's party enrollment with the Secretary of State.  The Secretary of 
State shall provide a form for the candidate's person's acceptance that must include a list 
of the statutory and constitutional requirements of the office sought by the candidate 
person.  The form also must include a place for the registrar of the candidate's person's 
municipality of residence to certify the candidate's person's registration and enrollment 
status.
Sec. 4.  21-A MRSA §601, sub-§2, ¶B, as amended by PL 2013, c. 131, §16, is 
further amended to read:
B.  The ballot must contain the legal name of each candidate, without any title, the 
candidate's nickname, if any, identified in the candidate's consent filed under section 
or 355 or in the candidate's acceptance filed under section 363 and the 
municipality or township of residence of each candidate,.  The candidates must be 
arranged on the ballot alphabetically with the last name first by last name, under the 
proper office designation.  Municipality of residence is not required to be printed for 
candidates for President and Vice President of the United States.  The initial letters of 
the last names of the candidates must be printed directly beneath each other in a 
vertical line.  The names of candidates for any one office may not be split into more 
than one column regardless of number.  The name of each candidate may be printed 
on the ballot in only one space.  For the general election ballot, the party or political 
designation of each candidate must be printed with each candidate's name.  The party 
or political designation may be abbreviated.
Sec. 5.  21-A MRSA §601, sub-§2, ¶B-1, as amended by PL 2017, c. 402, Pt. C, 
§40 and affected by Pt. F, §1, is further amended to read:
B-1.  The candidate's legal name listed on the ballot must be the one approved by the 
Probate Court, pursuant to Title 18-C, section 1-701, or, in the absence of an 
applicable court order, the name consistently used by the candidate during the past 2 
years in filings with governmental agencies and in the transaction of public business, 
including without limitation transactions relating to voter registration; motor vehicle 
registrations; driver licenses; a passport; professional licenses; local, state or federal 
permits of any kind; public benefit programs; and veterans' benefits and social 
security. If requested by the Secretary of State when there is a question concerning 
which legal name should be listed on the ballot, it is the obligation of the candidate to 
provide documentation to demonstrate consistent use of a particular name.
Sec. 6.  21-A MRSA §601, sub-§2, ¶H, as amended by PL 2007, c. 455, §18, is 
further amended to read:
H.  The legal name of each nominee candidate must appear on the ballot as follows:  
last name first followed by the first name and middle name or initial; last name first 
followed by the first name or the first initial and the middle name; or last name first 
followed by the first name.  If a candidate has requested that the candidate's nickname 
appear on the ballot pursuant to section 336, 355 or 363, the candidate's nickname 
must appear on the ballot in quotation marks immediately after the candidate's legal 
first name or initial and before the candidate's legal middle name or initial, if any.
Sec. 7.  21-A MRSA §606-A, sub-§2, as amended by PL 2011, c. 534, §14, is 
further amended to read:
2.  Secretary of State to furnish ballots.  The Secretary of State shall review the 
number of votes cast at the last election of that type by persons registered and enrolled 
under section 156 when determining the number of ballots to be furnished to each 
municipality.  These ballots must contain the names of list the nominees or candidates for 
offices using the names and format specified in section 601, subsection 2, paragraphs B, 
B-1 and H in the electoral divisions in which the voters registered under section 156 
reside.  After receiving notification from the clerk of township voter registrations or 
enrollments that occur less than 60 days before a statewide election, the Secretary of State 
shall furnish additional ballots to the municipality as needed.  If there is not sufficient 
time to provide the municipality with the correct ballot style for a township voter, the 
Secretary of State shall instruct the clerk to provide a ballot to the voter in the manner 
prescribed by section 604.
Sec. 8.  21-A MRSA §752, sub-§1, ¶B, as amended by PL 1991, c. 466, §26, is 
further amended to read:
B.  The Secretary of State shall provide a reasonable number of absentee ballots for 
township residents who are registered or enrolled in a municipality outside their 
electoral divisions under section 156.  These ballots must contain the names of list the 
nominees or candidates for offices using the names and format specified in section 
601, subsection 2, paragraphs B, B-1 and H in the electoral divisions in which the 
voters reside.
SUMMARY
This bill permits a candidate to request that the candidate's nickname appear on the 
ballot for an election in the State.  The candidate's nickname, if any, must be set off by 
quotation marks and be placed on the ballot immediately after the candidate's legal first 
name or initial and before the candidate's legal middle name or middle initial, if any.