An Act To Amend Certain Laws Governing Elections
Maine Legislature, Session 129, LD 1904
Committee Amendment CA_A_S408 (Senate)
Amends: 21-A MRSA §363, 21-A MRSA §367, 21-A MRSA §371, 21-A MRSA §374-A, 21-A MRSA §374-B, 21-A MRSA §376, 21-A MRSA §604, 21-A MRSA §651, 30-A MRSA §2528

COMMITTEE AMENDMENT " f\ " to S.P. 656, L.D. 1904, Bill, "An Act To 
Amend Certain Laws Governing Elections" 
Amend the bill by inserting after section 2 the following: 
'Sec. 3. 21-A MRSA §363, sub-§4, as enacted by PL 1985, c. 161, §6, is 
amended to read: 
4. Changes in ballot. The Secretary of State shall make the necessary changes in 
the ballot produce new ballots or amend or supplement ballots already printed in 
accordance with section 376 or 604.' 
Amend the bill by inserting after section 3 the following: 
'Sec. 4. 21-A MRSA §367, as amended by PL 2015, c. 447, §10, is further 
amended to read: 
§367. Candidate withdrawal 
A candidate who wishes to withdraw from an elective race shall notify the Secretary 
of State in writing of the candidate's intent to withdraw. This notice must be signed by 
the candidate. Ifthe reason for the withdrawal is catastrnphic illness, condition or injury, 
the procedures set forth in section 374 A, subsection 1, paragraph B must be complied 
i,vith if the candidate is to be replaced. 
Sec. 5. 21-A MRSA §371, as amended by PL 2015, c. 447, §11, is repealed and 
the following enacted in its place: 
§371. Primary election candidates; vacancy 
3. Vacancy and replacement of candidates in uncontested races. If a candidate 
for nomination dies or becomes disqualified prior to the primary election or withdraws 70 
days or more before the primary election, the Secretaty of State shall declare the vacancy 
pursuant to section 362-A if no other candidate from the same political patty will appear 
on the primary election ballot for that office. A political committee may fill the vacancy 
pursuant to section 363. The Secretary of State shall remove the former candidate's name 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 656, L.D. 1904 
l,IDf\ 
from the primary election ballot and shall produce new prima1y election ballots or amend 
or supplement the primary election ballots already printed in accordance with section 376 
or 604. 
4. Removal of candidate's name from ballot in contested races. The Secretary of 
State shall remove the name of a candidate for nomination from the primary election 
ballot but is not required to declare a vacancy if, 70 days or more before the primary 
election, the candidate dies, becomes disqualified or withdraws anLanother. candidate 
from the same political party will appear on the ballot for that office. 
5. 
Death or disqualification of candidates less than 70 days before primary 
election in contested races. The Secretaiy of State is not required to remove the name of 
a candidate from the primary election ballot or declai·e a vacancy if a candidate dies or 
becomes disqualified less than 70 days before the primaiy election and another candidate 
from the same political party will appeai· on the ballot for that office. Upon receipt of 
information that the candidate has died or become disqualified, the Secretary of State 
shall immediately prepare and distribute to the local election officials in the candidate's 
electoral district a notice informing voters that the candidate has died or become 
disqualified and that a vote for that candidate will not be counted. The notice must be 
distributed with all absentee ballots requested after the notice is received by the local 
election officials and, on election day, must be posted outside the guardrail enclosure in 
accordance with section 651, subsection 2 and in each voting booth. Notice that the 
candidate has died or become disqualified must also be posted on the Secretary of State's 
publicly accessible website. 
6. 
Withdrawal of candidates less than 70 days before primary election in 
contested and uncontested races. When a candidate for nomination withdraws less than 
days before the primaiy election, the candidate's name may not be removed from the 
primary election ballot and a vacancy may not be declared. Upon receipt of the notice of 
withdrawal, the Secretary of State shall immediately prepare and distribute to the local 
election officials in the candidate's electoral district a notice informing voters that the 
candidate has withdrawn and that a vote for that candidate will not be counted. The 
notice must be distributed with all absentee ballots requested after the notice is received 
by the local election officials and, on election day, must be posted outside the guardrail 
enclosure in accordance with section 651, subsection 2 and in each voting booth. Notice 
of the late withdrawal must also be posted on the Secretaiy of State's publicly accessible 
website.' 
Amend the bill by striking out all of sections 6 and 7 and inserting the following: 
'Sec. 6. 21-A MRSA §374-A, as amended by PL 2015, c. 447, §§12 and 13, is 
further amended to read: 
§374-A. 
Withdnwal 0f eaudidates for eertain state 0ffiees General election 
candidates; vacancy 
1. Withdrnwal Vacancy and replacement of nominees. The Secretaiy of State 
shall declare the vacancy as provided in section 362-A and a political committee may 
make a replacement nomination following a candidate's withdrawal for the general 
election only if a person nominated for an office, other than United States Senator, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A, "to S.P. 656, L.D. 1904 [ S-Cj()£:~ 
Representative to Congress or Governor, at a primary election or by a political 
committee: 
A. Withdraws on or before 5 p.m. of the 2nd Monday in July preceding the general 
election in accordance with section 367; 
B. 
Withdraws because of a catastrophic illness, condition or injury that has 
permanently and continuously incapacitated the candidate and would prevent 
performance of the duties of the office sought, as long as the candidate or a member 
of the candidate's immediate family files with the Secretary of State a certificate 
accompanying the withdrawal request that describes the illness, condition or injury 
and is signed by a licensed physician; or 
C. Dies prior to the general election. 
2. Deadline for replacement of nominee. A political committee may make a 
replacement nomination for the general election: 
A. No later than 5 p.m. of the 4th Monday in July preceding the general election for 
a candidate who has withdrawn in accordance with subsection 1, paragraph A; or 
B. 
As soon as practicable for a candidate who withdraws or is withdrawn in 
accordance with subsection 1, paragraph B or C. 
2-A. Ballot procedure for replacement candidates. If a political party makes a 
replacement nomination for the general election by the deadline established in subsection 
2, the Secretary of State shall produce new general election ballots or amend or 
supplement general election ballots already printed i11 accordanc~ with section 376 or 
604. 
3. Deadline for withdrawal removal of candidate's name from general election 
ballot. A The name of a candidate for an office on the general election ballot ~ 
vt'ithdraw at least who withdraws for any reason 70 days or more before the general 
election in order for the candidate's name to must be removed from the ballot. Less than 
days before the general election, a candidate may withdraw from the election by 
providing a written notice to the Secretary of State that the candidate is v,rithdrm.ving and 
will not serve if elected. The If a candidate for an office on the general election ballot 
withdraws less than 70 days before the general election and meets the criteria of 
subsection 1, paragraph B or C, the candidate's name must be removed from the general 
election ballot in accordance with section 376 or the general election ballot must be 
amended or supplemented in accordance with section 604. If a candidate for an office on 
the general election ballot withdraws less than 70 days before the general election and 
does not meet the criteria of subsection 1, paragraph B or C, the candidate's name will not 
be removed from the ballot, but upon receipt of the notice of late withdrawal required by 
section 367, the Secretary of State shall instruct the immediately prepare and distribute to 
the local election officials in the candidate's electoral district to distribute notices with 
absentee ballots requested after that date and to post a notice at each voting place in the 
d-istriet a notice informing voters that the candidate has withdrawn and that a vote for that 
candidate will not be counted. The notice must be distributed with all absentee ballots 
requested after the notice is received by the local election officials and, on election day, 
must be posted outside the guardrail enclosure in accordance with section 651, subsection 
and in each voting booth. Notice of the late a candidate's withdrawal less than 70 days 
COMMITTEE AMENDMENT 
\ 
COMMITTEE AMENDMENT" 11·" to S.P. 656, L.D. 1904 ( ';, ,t{Df:)) 
before the general election must also be posted on the Secretary of State's publicly 
accessible website. 
Sec. 7. 21-A MRSA §374-B is enacted to read: 
§374-B. Special election candidates 
If a candidate for an office on a special election ballot dies or withdraws for any 
reason, the candidate's name will not be removed from the ballot. The Secretaty of State 
shall immediately prepare and distribute to the local election officials in the candidate's 
electoral district a notice informing voters that the candidate has died or has withdrawn 
and that a vote for that candidate will not be counted. The notice must be distributed with 
all absentee ballots requested after the notice is received by the local election officials 
and, on election day, must be posted outside the guardrail enclosure in accordance with 
section 651, subsection 2 and in each voting booth. Notice that the candidate has died or 
has withdrawn must also be posted on the Secretary of State's publicly accessible website. 
Sec. 8. 21-A MRSA §376, as amended by PL 2015, c. 447, §15, is further 
amended to read: 
§376. Production of new ballots 
1. Federal 0r gubereat0rial 0ffiee. If a candidate or nominee for a federal or 
gubernatorial office vrithdrav,rs less than 70 days before any election, the Secretary of 
State is not required to prnduce nev,r ballots. 
1-A. Removal of candidate's name from ballots. The Secretary of State shall 
remove a candidate's name from the ballot if the candidate withdraws for any reason 70 
days or more before any primary or general election. 
2. Certain state 0ffiees Production of new ballots listing replacement candidate. 
The Secretary of State is required to shall produce new ballots enfY listing a replacement 
candidate if a candidate for an office, other than United States Senator, Representative to 
Congress or Governor, withdrav,rs in accordance with section 374 A, subsection 1, 
paragraph A, B or C, a replacement candidate is nominated and a notification is filed 1vvith 
the Secretary of State by the appropriate committee of the political party making the 
nomination no later than 60 days before the election.~ 
A. 
A vacancy is declared under section 371, subsection 3 or section 374-A, 
subsection 1, paragraph B or C, a replacement candidate is selected in accordance 
with sections 363 and 365 and a notification is filed with the Secretary of State by the 
committee of the political party that selected the replacement candidate no later than 
days before the election; or 
B. 
A vacancy is declared under section 374-A, subsection 1, paragraph A, a 
replacement candidate is selected in accordance with sections 363 and 365 and a 
notification is filed with the Secretaiy of State by the committee of the political party 
that selected the replacement candidate before the deadline establish(!d in section 
374-A, subsection 2, paragraph A. 
2-A. Procedure when replacement candidates selected less than 60 days before 
the election. If a candidate for an office withdraws in accordance with section 3 71, 
subsection 3 or section 374-A, subsection 1, paragraph B or C, a replacement candidate is 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" f} "to S.P. 656, L.D. 1904 ( S ~ Lf cfq) 
I 
selected in accordance with sections 363 and 365 and a notification is filed with the 
Secretary of State by the appropriate committee of the political party making the 
nomination less than 60 days before the election, the Secretary of State must amend or 
supplement the ballots in accordance with section 604. 
3. 
List of candidates. 
Immediately after the last day for withdrawal, the The 
Secreta1y of State shall maintain and periodically update a list of all names to be placed 
on the ballot for the primaty or general election. 
Sec. 9. 21-A MRSA §604, as amended by PL 1997, c. 436, §78, is fmiher 
amended to read: 
§604. Emergency ballot procedure 
In an emergency as described in subsection 2, the Secretary of State may prepare new 
ballots, amend those direct that ballots already printed be amended or supplemented in 
accordance with subsection 1 or 1-A or authorize any clerk to procure ballots from 
another municipality or voting district. He may authoriz:e any clerk to do the same. 
1. Ballots amended. Ballots already printed may be amended by having corrective 
stickers added, or by some other means, as directed by the Secretary of State. 
1-A. Supplemental notice. The Secretmy of State may prepare and distribute to the 
local election officials in the candidate's electoral district a notice to supplement ballots 
already printed. The notice may correct an error on the ballot or provide information on a 
replacement candidate and how voters may vote for the replacement candidate. The 
notice must be distributed with all absentee ballots issued after the date that the notice is 
provided to the clerk and, on election day, must be posted outside the guardrail enclosure 
in accordance with section 651, subsection 2 and in each voting booth. 
2. Emergency described. An emergency may exist as follows: 
A. If there is a shortage of ballots; 
B. If the ballots are not delivered in time for the election; 
C. If the ballots are missing, defaced or destroyed; er 
D. If the Secretmy of State receives notification of a replacement e:f candidate to fill 
a vacancy less than 60 days before the election in accordance with section 376, 
subsection 2-A; or the correction of an error in the ballot requires its amendment. 
E. If the ballots contain an error. 
3. 
Candidate sr nsminee Replacement candidate to fill vacancy. 
When a 
candidate for nomination or a nominee is chosen to fill a vacancy, the Secretary of State 
and the clerk of each interested municipality shall perform the duties required by this 
section as promptly as possible. 
Sec. 10. 21-A MRSA §651, sub-§2, ,JD, as amended by PL 2017, c. 246, §1, is 
further amended by enacting sub-ii(3-A) to read: 
(3-A) A supplemental notice correcting an error or providing information on a 
replacement candidate prepared under section 604 or a notice informing voters 
thaj_a__yote for a candidate will not be counted because the candidate has died or 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" ~ "to S.P. 656, L.D. 1904 ( ~ -C/o't) 
has withdrawn prepared under section 371, subsection 5 or 6 or section 374-A, 
subsection 3 next to the sample ballots;' 
Amend the bill by inserting after section 11 the following: 
'Sec. 12. 30-A MRSA §2528, sub-§6, ,il), as enacted by PL 1987, c. 737, Pt. A, 
§2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, 
is repealed and the following enacted in its place: 
D. There must be a place on the ballot for the voter to designate the voter's choice.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment, which is the majority report of the committee, strikes the provision 
of the bill that lowers the age of qualification to be an election official from 17 years of 
age to 16 years of age. 
The amendment retains all other provisions of the bill, including the provisions of the 
bill that change the candidate withdrawal provisions for United States Senator, 
Representative to Congress and Governor to match those of other offices, but further 
clarifies the laws governing the candidate withdrawal process for all federal, state and 
county offices, other than for United States President, as follows. 
1. For all elections, as in cunent practice, the name of a candidate who withdraws 70 
days or more before any election for any reason will be removed from the ballot. 
2. For general elections, as in current practice, a candidate who is a member of a 
political party and who withdraws before the 2nd Monday in July preceding the general 
election may be replaced by the appropriate political committee no later than 5 p.m. of 
the 4th Monday in July preceding the general election. The replacement candidate must 
be listed on the general election ballot. 
3. For general elections, as in current practice, a candidate who is a member of a 
political party and who dies or withdraws due to incapacity may be replaced by the 
appropriate political committee as soon as practicable. Also as in current practice, if the 
Secretary of State receives notification of the replacement candidate no later than 60 days 
before the general election, new ballots listing the replacement candidate must be printed. 
If the Secretary of State receives notification of the replacement candidate less than 60 
days before the general election, however, the amendment newly clarifies that the 
Secreta1y of State is not required to print new ballots but may amend ballots already 
printed or issue a notice to supplement ballots already printed informing voters of the 
replacement candidate and instructing voters how they may vote for the replacement 
candidate. 
4. 
For general elections, as in current practice, the name of a candidate who 
withdraws for a reason other than incapacity less than 70 days before the general election 
will not be removed from the ballot and voters casting ballots after the withdrawal will be 
notified that the candidate has withdrawn and that a vote for that candidate will not be 
counted. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 656, L.D. 1904 (_~;- C/ci')_) 
5. For uncontested primmy elections, as in current practice, if a candidate dies or 
becomes disqualified before the primmy election or withdraws for another reason 70 days 
or more before the primary election, the appropriate political committee may select a 
replacement candidate. Also as in current practice, if the Secretmy of State receives 
notification of the replacement candidate 60 days or more before the primmy election, 
new ballots listing the replacement candidate must be printed. If the Secretmy of State 
receives notification of the replacement candidate less than 60 days before the primmy 
election, however, the mnendment newly clarifies that the Secretmy of State is not 
required to print new ballots but may mnend ballots already printed or issue a notice to 
supplement ballots already printed informing voters of the replacement candidate and 
instructing voters how they may vote for the replacement candidate. 
6. For contested primmy elections, as in current practice, if a candidate dies or 
becomes disqualified 70 days or more before the primary election, the candidate's name 
will be removed from the ballot but a replacement candidate may not be named. If a 
candidate dies or becomes disqualified less than 70 days before a contested primmy 
election, the mnendment newly clarifies that although the candidate's name will not be 
removed from the ballot, voters casting ballots after the death or disqualification will be 
notified that the candidate is no longer running for office and that votes for the candidate 
will not be counted. 
7. For both contested and uncontested primmy elections, as in cu1Tent practice, the 
nmne of a candidate who withdraws less than 70 days before the primmy election will not 
be removed from the ballot and voters casting ballots after the withdrawal will be notified 
that the candidate has withdrawn and that a vote for that candidate will not be counted. 
8. For special elections to fill a vacancy in an office, as in current practice, if a 
candidate dies or withdraws from the election for any reason, the candidate's name will 
not be removed from the ballot and voters casting ballots after the death or withdrawal 
will be notified that the candidate has died or has withdrawn and that a vote for that 
candidate will not be counted. 
The amendment also makes a technical change to the law governing municipal 
elections by removing language requiring ballots to be printed so that voters mm·k their 
choices in squares printed to the left of each candidate's name and substituting language 
authorizing ballots to be printed in any way that allows the voter to designate the voter's 
choice. 
COMMITTEE AMENDMENT