An Act To Abolish Mandatory Political Caucuses
Maine Legislature, Session 130, LD 0185
Committee: Veterans and Legal Affairs
Sponsors: CARDONE
Amends: 21-A MRSA §158, 21-A MRSA §301, 21-A MRSA §302, 21-A MRSA §303, 21-A MRSA §311, 21-A MRSA §321, 21-A MRSA §363, 21-A MRSA §365, 21-A MRSA §381, 21-A MRSA §382

Legislative Document
No. 185
H.P. 138
House of Representatives, January 25, 2021
An Act To Abolish Mandatory Political Caucuses
Received by the Clerk of the House on January 21, 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 CARDONE of Bangor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  21-A MRSA §158, as amended by PL 2009, c. 253, §14, is further amended 
to read:
§158.  Municipal caucus
During the gubernatorial election year, the registrar shall attend the any biennial 
municipal caucus of each held by a qualified party for at least 30 minutes preceding the 
commencement of the caucus at the location where the caucus is being held.  During the 
presidential election year, the registrar shall attend the any biennial municipal caucus of 
each held by a qualified party for at least one hour preceding the commencement of the 
caucus at the location where the caucus is being held.  The registrar shall accept the 
registrations and enrollments of all qualified voters who attempt to register and enroll, and 
all persons so registered and enrolled may participate in their party caucus.  The registrar 
shall allow all persons to register or enroll who are present at the caucus at the end of the 
30-minute or one-hour registration period.
Sec. 2.  21-A MRSA §301, sub-§1, as amended by PL 2017, c. 254, §1, is further 
amended to read:
1.  Primary election.  A party qualifies to participate in a primary election if its 
designation was listed on the ballot of either of the 2 preceding general elections and if:
A.  The party held municipal caucuses as prescribed by Article 2 in at least one 
municipality in a minimum of 14 counties in the State during the election year in which 
the designation was listed on the ballot and any interim election year and fulfills this 
same requirement during the year of the primary election;
B.  The party held a state convention as prescribed by Article III 3 during the election 
year in which the designation was listed on the ballot and any interim election year; 
and
E.  At least 10,000 voters enrolled in the party voted in the last general election, except 
that a qualified party does not have to meet this enrollment until the 2nd general 
election after it has qualified and thereafter.
Each state party committee must file a statement with the Secretary of State on or before 
March 20th certifying that the party has held the municipal caucuses required by paragraph 
A.  The statement must be signed by the party chair or the chair's designated agent.
Sec. 3.  21-A MRSA §302, sub-§3, as amended by PL 1999, c. 450, §4, is repealed.
Sec. 4.  21-A MRSA §302, sub-§4, as amended by PL 1999, c. 450, §5, is further 
amended to read:
4.  Convention.  A party that has qualified under subsections 1 and 2 to participate in 
a primary election must in that same year conduct the municipal caucuses under subsection 
and hold a state convention as prescribed by Article III 3 in order to have the party 
designation of its candidates printed on the ballot in the general election of that year.  The 
voter or group of voters who files the declaration of intent may perform the duties of the 
state committee under section 321, subsection 1 for the party's initial convention.
Sec. 5.  21-A MRSA §303, sub-§4, as amended by PL 2013, c. 131, §11, is repealed.
Sec. 6.  21-A MRSA §303, sub-§5, as amended by PL 2013, c. 131, §11, is further 
amended to read:
5.  Convention.  A party that has qualified under subsections 1 and 2 to participate in 
a primary election must in that same year conduct the municipal caucuses under subsection 
and hold a state convention as prescribed by Article 3, in order to have the party 
designation of its candidates printed on the ballot in the general election of that year.  The 
voters who file the declaration of intent may perform the duties of the state committee 
under section 321, subsection 1 for the party's initial convention.
Sec. 7.  21-A MRSA §311, first ¶, as amended by PL 2005, c. 387, §3, is further 
amended to read:
A biennial municipal caucus may be held by any political party for the purpose of 
electing for any purpose authorized by party rules, including the election of delegates to a 
state convention and for any other business. A biennial municipal caucus is governed by 
the following provisions.
Sec. 8.  21-A MRSA §311, sub-§1, as amended by PL 2017, c. 248, §4, is further 
amended to read:
1.  Call.  The caucus may be called by the chair or a majority of the members of the 
municipal committee of a political party.  If the municipal committee fails to does not call 
a caucus to be held before March 20th during a general election year and party rules require 
the election of delegates to a state convention by municipal caucus, the county committee 
may call the caucus.  At the request of that the committee that called a caucus in accordance 
with this subsection, the municipal officers shall provide available space in a public 
building for a caucus.  The municipality may charge a rental fee or janitorial service fee for 
the available space.  A municipality municipal committee of a political party may hold its 
caucus outside the municipality if several municipalities municipal committees of the same 
political party elect to meet on a consolidated basis or if the committee calling the caucus 
in accordance with this subsection determines that a facility outside the municipality is 
more suitable.
Sec. 9.  21-A MRSA §311, sub-§2, as amended by PL 2005, c. 387, §3, is repealed.
Sec. 10.  21-A MRSA §321, sub-§1, as amended by PL 2005, c. 387, §4, is further 
amended to read:
1.  Time, place and representation.  The party's state committee shall determine the 
time, place and basis of representation for the convention, including whether delegates are 
elected at biennial municipal caucuses or selected by county committees.  Delegates must 
be qualified to vote in the party's primary election unless otherwise permitted by party rules.
Sec. 11.  21-A MRSA §363, first ¶, as amended by PL 2019, c. 636, §2, is further 
amended to read:
The meeting of a political committee as required by sections 371, 374-A, 381, 382 and 
is governed by the following provisions.
Sec. 12.  21-A MRSA §363, sub-§2, ¶A, as corrected by RR 2019, c. 2, Pt. B, §49, 
is repealed.
Sec. 13.  21-A MRSA §363, sub-§5, as enacted by PL 2011, c. 409, §1, is repealed.
Sec. 14.  21-A MRSA §365, as amended by PL 2019, c. 636, §4, is further amended 
to read:
§365.  Jurisdiction
The political committee that has jurisdiction over the choice of a candidate for 
nomination or a nominee to fill a vacancy under sections 371, 374-A, and 381 and 382 is 
as follows.
1.  Municipal committee.  Choices for Representative to the Legislature must be made 
by a municipal committee when a representative district consists of one municipality, by a 
joint meeting of municipal committees when a representative district consists of 2 or more 
municipalities or by members of a municipal committee or committees residing within a 
representative district when the representative district includes a part of a municipality or 
parts of different municipalities.
2.  County committee.  A county committee makes choices for all county offices, 
except that committee members residing within county commissioner districts make 
choices for county commissioner, and committee members residing within senatorial 
districts make choices for State Senator and committee members residing within 
representative districts make choices for Representative to the Legislature.
3.  District committee.  A district committee makes choices for Representative to 
Congress.
4.  State committee.  A state committee makes choices for Governor, United States 
Senator and presidential elector.
Sec. 15.  21-A MRSA §381, as amended by PL 1997, c. 436, §56, is further amended 
to read:
§381.  State Senators and Representatives to the Legislature
When there is a vacancy in the office of State Senator or Representative to the 
Legislature, the Governor shall issue a proclamation declaring the vacancy and ordering a 
special election under section 366.
1.  Nominees chosen.  The Governor shall order the appropriate political committees 
to meet and shall set the deadline for choosing nominees.  The political committees shall 
follow the procedure outlined in section 363.
Sec. 16.  21-A MRSA §382, as amended by PL 2011, c. 409, §2, is repealed.
SUMMARY
This bill eliminates mandatory municipal caucuses under state law by:
1.  Repealing the requirements that a political party hold municipal caucuses to 
participate in a primary election or to have the party designation of its candidates printed 
on a general election ballot;
2.  Clarifying that the state committee of each political party may, by party rule, 
determine whether the delegates to its state convention must be elected at biennial 
municipal caucuses or selected by county committees; and
3. Authorizing the members of a party’s county committee residing within a 
representative district to choose a nominee to fill a vacancy for Representative to the 
Legislature.