An Act To Facilitate Fair Ballot Representation for All Candidates By Allowing a Candidate's Nickname To Appear on the Ballot
Maine Legislature, Session 130, LD 0109
Committee: Veterans and Legal Affairs
Sponsors: FAULKINGHAM, STEWART, CARMICHAEL, DOLLOFF, DUCHARME, POIRIER, THORNE
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. 109
H.P. 75
House of Representatives, January 13, 2021
An Act To Facilitate Fair Ballot Representation for All Candidates 
By Allowing a Candidate's Nickname To Appear on the Ballot
Received by the Clerk of the House on January 11, 2021.  Referred to the Committee on 
Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative FAULKINGHAM of Winter Harbor.
Cosponsored by Senator STEWART of Aroostook and
Representatives: CARMICHAEL of Greenbush, DOLLOFF of Milton Township, 
DUCHARME  of Madison, POIRIER of Skowhegan, THORNE of Carmel.
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Sec. 1.  21-A MRSA §336, sub-§3, as amended by PL 1995, c. 459, §24, is repealed 
and the following enacted in its place:
3.  Name, residence, party and qualifications declared.  The consent must contain:
A.  A declaration of the candidate's legal name or, if the candidate wishes to have the 
candidate's nickname on the ballot, the candidate's first initial and middle initial, if any, 
of the candidate's legal name followed by the nickname that the candidate wishes to 
appear on the ballot and the candidate's last name;
B.  If the candidate wishes to have the candidate's nickname on the ballot, a declaration 
that that nickname is the name by which the candidate is known to others;
C.  The candidate's place of residence;
D.  The candidate's party designation; and
E.  A statement that the candidate meets the qualifications of the office that the 
candidate seeks.
The candidate shall verify the consent 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 nomination petition are void.
Sec. 2.  21-A MRSA §355, sub-§3, as amended by PL 2019, c. 371, §12, is repealed 
and the following enacted in its place:
3.  Name, residence, party and qualifications declared.  The consent must contain: 
A.  A declaration of the candidate's legal name or, if the candidate wishes to have the 
candidate's nickname on the ballot, the candidate's first initial and middle initial, if any, 
of the candidate's legal name followed by the nickname that the candidate wishes to 
appear on the ballot and the candidate's last name;
B.  If the candidate wishes to have the candidate's nickname on the ballot, a declaration 
that that nickname is the name by which the candidate is known to others;
C.  The candidate's place of residence;
D.  A statement 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
E.  A statement that the candidate meets the qualifications of the office the candidate 
seeks.
The candidate shall verify the consent by oath or affirmation before a notary public or other 
person authorized by law to administer oaths or affirmations that the declaration is true, 
except that candidates for the office of county commissioner need not verify by oath or 
affirmation that they are not enrolled in a party.  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. 3.  21-A MRSA §363, sub-§3, as amended by PL 2015, c. 447, §9, is repealed 
and the following enacted in its place:
3.  Acceptance filed.  A person chosen as a candidate under this section shall file a 
written acceptance with the Secretary of State containing:
A.  A declaration of the candidate's legal name or, if the candidate wishes to have the 
candidate's nickname on the ballot, the candidate's first initial and middle initial, if any, 
of the candidate's legal name followed by the nickname that the candidate wishes to 
appear on the ballot and the candidate's last name;
B.  If the candidate wishes to have the candidate's nickname on the ballot, a declaration 
that that nickname is the name by which the candidate is known to others;
C.  The candidate's place of residence;
D.  The candidate's party enrollment; and
E.  A statement that the candidate meets the qualifications of the office sought.
The Secretary of State shall provide a form for the candidate's acceptance that includes a 
list of the statutory and constitutional requirements of the office sought by the person.  The 
form must include a place for the registrar of the candidate's municipality of residence to 
certify the candidate'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 PL 2019, c. 417, Pt. B, §14, 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 2019, c. 371, §15, is 
repealed and the following enacted in its place:
H.  The name of each candidate must appear on the ballot as follows:
(1)  The candidate's legal name, including the 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; or
(2)  If a candidate has requested that the candidate's nickname appear on the ballot 
pursuant to section 336, 355 or 363, the candidate's legal last name first followed 
by the first initial and middle initial, if any, of the candidate's legal name followed 
by the nickname in quotation marks.
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.  It specifies that if a candidate requests that the candidate's 
nickname appear on the ballot for an election in the State, the candidate must include the 
nickname on the candidate's declaration of consent or written acceptance filed with the 
Secretary of State and must declare that the nickname is actually the name by which the 
candidate is known to others.  It also specifies that if a candidate requests that the 
candidate's nickname appear on the ballot for an election in the State, the Secretary of State 
must set off the candidate's nickname by quotation marks and it must be placed on the 
ballot following the candidate's legal last name, first initial and middle initial, if any.