An Act Regarding Gubernatorial Primary Elections
Maine Legislature, Session 131, LD 1991
Committee: Veterans and Legal Affairs
Sponsors: SUPICA
Amends: 21-A MRSA §1, 21-A MRSA §144, 21-A MRSA §321, 21-A MRSA §334, 21-A MRSA §336, 21-A MRSA §338, 21-A MRSA §340, 21-A MRSA §351, 21-A MRSA §354, 21-A MRSA §355, 21-A MRSA §361, 21-A MRSA §367, 21-A MRSA §371, 21-A MRSA §374-A, 21-A MRSA §376, 21-A MRSA §601, 21-A MRSA §651, 21-A MRSA §673, 21-A MRSA §692, 21-A MRSA §696, 21-A MRSA §722, 21-A MRSA §722-A, 21-A MRSA §723, 21-A MRSA §723-A, 21-A MRSA §732, 21-A MRSA §759, 21-A MRSA §812, 21-A MRSA §825, 21-A MRSA §843

Legislative Document
No. 1991
H.P. 1274
House of Representatives, May 23, 2023
An Act Regarding Gubernatorial Primary Elections
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SUPICA of Bangor.  (BY REQUEST)
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  21-A MRSA §1, sub-§27-C, as repealed and replaced by PL 2021, c. 273, 
§1, is repealed and the following enacted in its place:
27-C.  Elections determined by ranked-choice voting.  "Elections determined by 
ranked-choice voting" means any of the following elections in which 3 or more candidates 
have qualified to be listed on the ballot for a particular office or at least 2 such candidates 
plus one or more declared write‑in candidates have qualified for that particular office:
A.  Primary elections for the office of United States Senator, United States 
Representative to Congress, State Senator or State Representative;
B.  Open primary elections for the office of Governor;
D.  General elections for presidential electors, United States Senator and United States 
Representative to Congress; and
E.  Primary elections for the office of President of the United States.
Sec. 2.  21-A MRSA §1, sub-§27-E is enacted to read:
27-E.  Election subject to an open primary.  "Election subject to an open primary" 
means the election for the office of Governor.
Sec. 3.  21-A MRSA §1, sub-§27-F is enacted to read:
27-F.  Open primary election.  "Open primary election" means, in an election subject 
to an open primary, the regular election for the election of 2 candidates for the office of 
Governor, regardless of enrollment status, who will appear on the ballot for the general 
election.
Sec. 4.  21-A MRSA §1, sub-§32, as amended by PL 1987, c. 423, §1, is further 
amended to read:
32.  Primary election.  "Primary election" means the regular election for the election 
of nominees of a party for the general election or, for an election subject to an open primary, 
the open primary election.
Sec. 5.  21-A MRSA §144, sub-§2, as amended by PL 2005, c. 453, §27, is further 
amended to read:
2.  Party designation removed.  On receipt of the application, the registrar shall 
remove the party designation of the applicant from the central voter registration system.  
The registrar shall indicate in the central voter registration system that the applicant is 
ineligible to vote at a caucus or primary election, other than an open primary election, for 
days by designating the party enrollment field with the letter "X."  Fifteen days after 
receiving the application, the registrar shall enroll the applicant in the party requested and 
enter the new party designation in the party enrollment field.
This subsection does not apply in the case of a voter who changes enrollment under 
subsection 4.
Sec. 6.  21-A MRSA §144, sub-§3, as repealed and replaced by PL 2013, c. 457, 
§2, is amended to read:
3.  Restrictions during change of enrollment.  Except as provided in subsection 4, a 
voter may not vote at a caucus, convention or primary election, other than an open primary 
election, for 15 days after filing an application to change enrollment.  A voter may sign a 
primary nomination petition during the 15-day period after filing an application to change 
enrollment, and the voter’s signature must be counted as valid, as long as the 15-day period 
has elapsed by the time the petition is certified pursuant to section 335, subsection 7 and 
the voter otherwise is qualified to sign a petition for that office.  Notwithstanding 
subsection 4, a voter must file an application to change enrollment prior to January 1st to 
be eligible to file a petition as a candidate in that election year.
Sec. 7.  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.  Delegates must be qualified to 
vote in the party's primary election enrolled in the party unless otherwise permitted by party 
rules.
Sec. 8.  21-A MRSA §334, as amended by PL 2009, c. 253, §16, is further amended 
to read:
§334.  Qualification of candidate for primary nomination
A Except as provided in section 451 for an open primary election, a candidate for 
nomination by primary election must file a primary petition and consent under sections 335 
and 336.  The candidate must be enrolled, on or before March 15th, in the party named in 
the petition and must be eligible to file a petition as a candidate for nomination by primary 
election under section 144, subsection 3.  The registrar in the candidate's municipality of 
residence must certify to that fact on a form designed by the Secretary of State.
Sec. 9.  21-A MRSA §336, sub-§1, as amended by PL 2011, c. 239, §1, is further 
amended to read:
1.  Consent.  The consent must contain a statement signed by the candidate that the 
candidate will accept the nomination of the primary election except that the consent signed 
by a candidate in an open primary election must contain a statement that the candidate 
agrees to have the candidate's name placed on the general election ballot if the candidate is 
declared the winner of the open primary election pursuant to section 723, subsection 1-A.  
The Secretary of State shall provide a form on which the consent of the candidate is made 
that must include a list of the statutory and constitutional requirements of the office sought 
by the candidate.  The statement may be printed as a part of the primary petition.
Sec. 10.  21-A MRSA §338, as corrected by RR 2019, c. 2, Pt. B, §44, is amended 
to read:
§338.  Write-in candidates
A Except as provided in section 452 for an open primary election, a person whose name 
will not appear on the printed primary ballot because that person did not file a petition and 
consent under sections 335 and 336, but who fulfills the other qualifications under section 
334, may be nominated at the primary election as a write-in candidate in accordance with 
section 723, subsection 1.
Sec. 11.  21-A MRSA §340, sub-§1, as enacted by PL 1987, c. 423, §3, is amended 
to read:
1.  Notice to Secretary of State.  No later than February 1st of the election year, each 
political party eligible to participate in a primary election, other than an open primary 
election, shall notify the Secretary of State of the enrollment qualifications, subject to the 
restrictions in section 144, for voters eligible to vote in that party's primary.  If no notice is 
received by that date, only voters enrolled in a political party may vote in that party's 
primary.
Sec. 12.  21-A MRSA §351, first ¶, as enacted by PL 1985, c. 161, §6, is amended 
to read:
The Except as provided in subchapter 9, nomination of a candidate, other than by a 
party, for any federal, state or county office must be made by petition, as provided in this 
subchapter.
Sec. 13.  21-A MRSA §351, sub-§4 is enacted to read:
4.  Elections subject to an open primary.  A person who satisfies the requirements of 
section 353 may file a nomination petition pursuant to this subchapter as a candidate for 
the open primary election in an election subject to an open primary.  A person may not file 
a nomination petition pursuant to this subchapter as a candidate for the general election in 
an election subject to an open primary.
Sec. 14.  21-A MRSA §354, sub-§1, as amended by PL 2019, c. 371, §11, is further 
amended to read:
1.  Content.  A nomination petition must contain the name of only one candidate, the 
candidate's place of residence, the office sought and electoral division.  A nomination 
petition may contain as many separate papers as necessary and may contain the candidate's 
consent required by section 355.  It may also contain the candidate's political designation.  
This designation may not exceed 3 words in length, may not incorporate the candidate's 
name or the designation or an abbreviation of the designation of a party that is qualified to 
nominate candidates by participate in a primary election and may not consist of or comprise 
language that is obscene, contemptuous, profane or prejudicial, promotes abusive or 
unlawful activity or violates any other provision of the laws of this State with respect to 
names.  A candidate who intends to form a new party about that person's candidacy must 
use the proposed party's designation.
A.  When 2 United States Senators are to be nominated, the nomination petition must 
contain the term of office sought by the candidate.
B.  The names of presidential electors must be placed on the petition as a slate.  The 
names of the candidates for President and Vice President must be placed on a petition 
for the nomination of presidential electors.
Sec. 15.  21-A MRSA §354, sub-§7, ¶B, as amended by PL 2013, c. 131, §12, is 
further amended to read:
B.  Petitions Except for petitions for nomination in an open primary election, petitions 
must be delivered to the registrar, or clerk at the request or upon the absence of the 
registrar, for certification by 5 p.m. on May 25th in the election year in which the 
petitions are to be used, except that petitions for a slate of candidates for the office of 
presidential elector must be delivered for certification by 5 p.m. on July 25th in the 
election year in which the petitions are to be used.
Sec. 16.  21-A MRSA §354, sub-§8-A, as amended by PL 2013, c. 131, §13, is 
further amended to read:
8-A.  Filed with the Secretary of State.  A nomination petition must be filed in the 
office of the Secretary of State by 5 p.m. on June 1st in the election year in which it is to 
be used, except that a nomination petition for a candidate for an open primary election must 
be filed in the office of the Secretary of State by 5 p.m. on March 15th of the election year 
in which it is to be used and petitions for a slate of candidates for the office of presidential 
elector must be filed in the office of the Secretary of State by 5 p.m. on August 1st in the 
election year in which the petitions are to be used.
Sec. 17.  21-A MRSA §355, sub-§1, as amended by PL 2011, c. 534, §12, is further 
amended to read:
1.  Consent.  The consent must contain a statement signed by the candidate that the 
candidate will accept the nomination of the general election except that the consent signed 
by a candidate in an open primary election must contain a statement that the candidate 
agrees to have the candidate's name placed on the general election ballot if the candidate is 
declared the winner of the open primary election pursuant to section 723, subsection 1-A.  
The Secretary of State shall provide a form on which the consent of the candidate is made 
that must include a list of the statutory and constitutional requirements of the office sought 
by the candidate.  The statement may be printed as a part of the nomination petition.
Sec. 18.  21-A MRSA §361, first ¶, as corrected by RR 2019, c. 2, Pt. B, §48, is 
amended to read:
A vacancy in any federal, state or county office, in the office of an election official or 
in any political committee occurs when the incumbent dies, resigns, becomes disqualified 
or changes the incumbent's residence to an electoral division other than that from which 
the incumbent was elected or when the person elected fails to qualify.  A vacancy in the 
office of Governor also occurs at the beginning of the term of office for a candidate who 
was elected at a general election for that office but who died or became disqualified on or 
before the date of that general election.
Sec. 19.  21-A MRSA §367, as amended by PL 2019, c. 636, §5, is further amended 
to read:
§367.  Candidate withdrawal
A Except as provided in section 374-A, subsection 4, 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.
Sec. 20.  21-A MRSA §371, as repealed and replaced by PL 2019, c. 636, §6, is 
amended to read:
§371.  Primary election candidates; vacancy
3.  Vacancy and replacement of candidates in uncontested races party primaries.  
If For a primary election other than an open primary election, 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 Secretary of State shall declare the vacancy pursuant to 
section 362‑A if no other candidate from the same political party 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 from the 
primary election ballot and shall produce new primary 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 party primaries.  
The For a primary election other than an open primary election, 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 and another 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 party primaries.  The For a primary election other than an 
open primary election, the Secretary of State is not required to remove the name of a 
candidate from the primary election ballot or declare a vacancy if a candidate dies or 
becomes disqualified less than 70 days before the primary election and another candidate 
from the same political party will appear 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 party primaries.  When For a primary election other 
than an open primary election, when a candidate for nomination withdraws less than 70 
days before the primary 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 Secretary of State's publicly accessible website.
7.  Removal of candidate's name from ballot in open primary elections.  The 
Secretary of State shall remove the name of a candidate from the primary election ballot 
but is not required to declare a vacancy if, 70 days or more before an open primary election, 
the candidate dies, becomes disqualified or withdraws.
8.  Withdrawal, death or disqualification of candidates less than 70 days before 
open primary election.  When a candidate for an open primary election dies, becomes 
disqualified or withdraws less than 70 days before the open primary election, the 
candidate's name may not be removed from the open primary election ballot and a vacancy 
may not be declared.  Upon receipt of information that the candidate has died or become 
disqualified or 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 died, become disqualified or 
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 Secretary of State's publicly accessible website.
Sec. 21.  21-A MRSA §374-A, as amended by PL 2019, c. 636, §9, is further 
amended to read:
§374-A.   General election candidates; vacancy
1.  Vacancy and replacement of nominees in elections not subject to open primary.  
The In an election other than an election subject to an open primary, the Secretary of State 
shall declare the vacancy as provided in section 362‑A and a political committee may make 
a replacement nomination for the general election only if a person nominated for an office 
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 in elections not subject to open primary.  
A In an election other than an election subject to an open primary, 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 in elections not subject to open 
primary.  If In an election other than an election subject to an open primary, 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 in accordance with section 376 or 
604.
3.  Deadline for removal of candidate's name from general election ballot in 
elections not subject to open primary.  The name of a candidate for an office on the 
general election ballot who withdraws for any reason 70 days or more before the general 
election must be removed from the ballot.  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 withdrawal required by section 
367, 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 a candidate's 
withdrawal less than 70 days before the general election must also be posted on the 
Secretary of State's publicly accessible website.  This subsection does not apply to an 
election subject to an open primary.
4.  Withdrawal of open primary winner prohibited.  A candidate who is declared 
the winner of an open primary election pursuant to section 723, subsection 1-A may not 
withdraw from the general election.
5.  Death or disqualification of nominees in elections subject to open primary.  If 
a candidate who is declared the winner of an open primary election pursuant to section 723, 
subsection 1-A dies or becomes disqualified at any time before the general election, the 
candidate's name will not be removed from the ballot.  Upon receipt of information that the 
candidate has died or become disqualified, the Secretary of State shall immediately prepare 
and distribute to local election officials in the candidate's electoral district and on the 
Secretary of State's publicly accessible website a notice informing voters that, although the 
candidate has died or become disqualified, a vote for that candidate will be counted and, if 
the candidate is declared the winner of the election, a vacancy will be declared at the 
beginning of the term for which the candidate was elected.  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.
Sec. 22.  21-A MRSA §376, sub-§1-A, as enacted by PL 2019, c. 636, §11, is 
amended to read:
1-A.  Removal of candidate's name from ballots.  The Except as provided in section 
374-A, subsection 4, 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.
Sec. 23.  21-A MRSA c. 5, sub-c. 9 is enacted to read:
SUBCHAPTER 9
OPEN PRIMARY ELECTIONS
§451.  Qualification of candidate for open primary election; same ballot
Notwithstanding any provision of this Title to the contrary, the names of all qualified 
candidates for an election subject to an open primary must appear on the same ballot for 
the open primary election.  A candidate is qualified to appear on the open primary ballot if 
the candidate:
1.  Candidate enrolled in a party.  Is enrolled in a party qualified to participate in a 
primary election under section 301, 302 or 303, enrolled in that party on or before March 
15th of the election year and filed a primary petition and consent that meets the 
requirements of sections 335 and 336, subject to challenge and appeal under section 337.  
The party designation of a candidate who meets the requirements of this subsection must 
be printed on the open primary election ballot; or
2.  Unenrolled candidates.  Is not enrolled in a party qualified to participate in a 
primary election; filed a nomination petition and consent that meets the requirements of 
sections 351, 354 and 355, subject to challenge and appeal under section 356; and was 
certified by the Secretary of State pursuant to section 357.  The party designation, if any, 
of a candidate who meets the requirements of this subsection may not be printed on the 
open primary election ballot.
§452.  Declared write-in candidates
Notwithstanding any provision of this Title to the contrary, a person who does not 
qualify to be listed on the open primary election ballot pursuant to section 451 but who 
qualifies as a declared write-in candidate pursuant to section 722-A may be nominated as 
a write-in candidate in an open primary election.
§453.  Voter at open primary election
Notwithstanding any provision of this Title to the contrary, a voter qualified to vote in 
the general election for the office of Governor may vote in the open primary election for 
that office regardless of the voter's enrollment status.
Sec. 24.  21-A MRSA §601, sub-§2, ¶D, as amended by PL 2009, c. 253, §24, is 
further amended to read:
D.  At the end of the list of candidates for each office, there must be left as many blank 
spaces as there are vacancies to be filled, except that no blank spaces may be placed at 
the end of the list of nominees for the office on the general election ballot for an election 
subject to an open primary. These The blank spaces left on the ballot under this 
paragraph may be used by a voter to write in the name of a person for whom the voter 
desires to vote, as provided in section 691, subsection 2 for a primary election or section 
692, subsection 2 for a general election.
Sec. 25.  21-A MRSA §601, sub-§4, as amended by PL 2001, c. 310, §29, is further 
amended to read:
4.  Distinctively colored Distinct color.  When possible, election ballots must be 
printed on white paper.  Each political party participating in a primary election other than 
an open primary election must have a separate ballot.  The paper for each party's primary 
ballot must be printed or distinguished with a different color marking as determined by the 
Secretary of State.  For municipalities that include more than one single member district of 
the State Senate or the House of Representatives, or parts of more than one single member 
district, the Secretary of State may prepare ballots with one or more distinctive color 
markings for each single member district or part of a single member district within the 
municipality.
Sec. 26.  21-A MRSA §651, sub-§2, ¶B, as amended by PL 2019, c. 636, §13, is 
further amended by amending subparagraph (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 
that a vote for a candidate will not be counted because the candidate has died or 
has withdrawn prepared under section 371, subsection 5 or 6 or section 374‑A, 
subsection 3; or a notice informing voters that, although a candidate has died or 
become disqualified, a vote for that candidate will be counted and, if that candidate 
is declared the winner of the election, a vacancy will be declared at the beginning 
of the term of the office for which the candidate was elected, prepared under 
section 374-A, subsection 5, next to the sample ballots;
Sec. 27.  21-A MRSA §673, sub-§1, ¶A, as corrected by RR 2011, c. 2, §21, is 
amended by amending subparagraph (2) to read:
(2)  Is not enrolled in the proper party, if voting in a primary election other than an 
open primary election;
Sec. 28.  21-A MRSA §692, sub-§2, as amended by PL 2009, c. 253, §30, is further 
amended to read:
2.  Write-in vote.  If the voter wishes to vote for a write-in candidate, the voter must 
write the name of the candidate in the blank space provided at the end of the list of nominees 
for the office in question.  The voter must then mark the ballot as instructed in the directions 
on the ballot.  A sticker may not be used to vote for a write-in candidate.  A voter may not 
vote for a write-in candidate in a general election for an election subject to an open primary.
Sec. 29.  21-A MRSA §696, sub-§2, ¶E-1 is enacted to read:
E-1.  If a voter marks the write-in indicator on a general election ballot for an election 
subject to an open primary, the vote for that office may not be counted.
Sec. 30.  21-A MRSA §722, sub-§1-A, as amended by PL 2019, c. 371, §26, is 
further amended to read:
1-A.  Form of tabulation.  The tabulation must include the total votes for each question 
choice or candidate whose name appeared on the ballot.  The tabulation also must include 
the total votes for any declared write-in candidates pursuant to section 722-A as follows.
A.  For a write-in candidate who receives 5% or more of the votes cast for that office, 
the Secretary of State shall report the votes under the candidate's name.
B.  For a write-in candidate who receives less than 5% of the votes cast for that office, 
the Secretary of State shall report the votes under the designation "others."
Sec. 31.  21-A MRSA §722-A, as amended by PL 2015, c. 447, §26, is further 
amended to read:
§722-A.  Determination of declared write-in candidate
To be considered a declared write-in candidate, a person must file a declaration of 
write-in candidacy with the Secretary of State, on a form approved by the Secretary of 
State, on or before 5 p.m. on the 60th day prior to the election.  The candidate must meet 
all the other qualifications for that office.  A person may not be a declared write-in 
candidate for the general election in an election subject to an open primary.
Sec. 32.  21-A MRSA §723, sub-§1, as amended by PL 2019, c. 320, §8, is further 
amended to read:
1.  Primary election.  In a primary election other than an open primary election, the 
person who receives a plurality of the votes cast for nomination to any office, as long as 
there is at least one vote cast for that office, is nominated for that office, except for write-
in candidates under paragraph A and elections determined by ranked‑choice voting under 
section 723‑A.
A.  A write-in candidate who complies with section 722‑A and who fulfills the other 
qualifications under section 334 may be nominated at the primary election if that person 
receives a number of valid write-in votes equal to at least twice the minimum number 
of signatures required under section 335, subsection 5 on a primary petition for a 
candidate for that office.
B.  The Secretary of State shall immediately certify by mail the nomination of each 
person nominated by the primary election.
Sec. 33.  21-A MRSA §723, sub-§1-A is enacted to read:
1-A.  Open primary election.  In an open primary election for the office of Governor, 
the 2 persons who receive the most votes cast as determined by section 723-A must be 
declared the winners of the open primary election and are nominated to be placed on the 
general election ballot for that office.  The Secretary of State shall immediately certify by 
mail the nomination of each person to be placed on the general election ballot pursuant to 
this subsection.
Sec. 34.  21-A MRSA §723, sub-§1-B is enacted to read:
1-B.  General election following open primary.  In a general election for the office 
of Governor, the nominee who receives a plurality of the votes cast for that office, as long 
as there is at least one vote cast for that office, is elected to that office.  A write-in candidate 
may not be elected in a general election for an election subject to an open primary.
Sec. 35.  21-A MRSA §723, sub-§2, as amended by PL 2017, c. 316, §7, is further 
amended to read:
2.  Other elections.  In any other election not governed by subsection 1, 1-A or 1-B, 
except for those determined by ranked-choice voting, the person who receives a plurality 
of the votes cast for election to any office, as long as there is at least one vote cast for that 
office, is elected to that office, except that a write-in candidate must also comply with 
section 722‑A.
Sec. 36.  21-A MRSA §723-A, sub-§1, as amended by PL 2019, c. 320, §§9 to 11, 
is further amended to read:
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Batch elimination" means the simultaneous defeat of multiple candidates for 
whom it is mathematically impossible to be elected.
B.  "Continuing ballot" means a ballot that is not an exhausted ballot.
C.  "Continuing candidate" means a candidate who has not been defeated.
D.  "Exhausted ballot" means a ballot that does not rank any continuing candidate, 
contains an overvote at the highest continuing ranking or contains 2 or more sequential 
skipped rankings before its highest continuing ranking.
E.  "Highest continuing ranking" means the highest ranking on a voter's ballot for a 
continuing candidate.
F.  "Last-place candidate" means the candidate with the fewest votes in a round of the 
ranked-choice voting count.
G.  "Mathematically impossible to be elected," with respect to a candidate, means 
either:
(1)  The In an election other than an open primary election, the candidate cannot 
be elected because the candidate's vote total in a round of the ranked-choice voting 
count plus all votes that could possibly be transferred to the candidate in future 
rounds from candidates with fewer votes or an equal number of votes would not 
be enough to surpass the candidate with the next-higher vote total in the round; or
(1-A)  In an open primary election for Governor, the candidate cannot be elected 
because the candidate's vote total in a round of the ranked-choice voting count plus 
all votes that could possibly be transferred to the candidate in future rounds from 
candidates with fewer votes or an equal number of votes would not be enough to 
surpass the 2 candidates with higher vote totals in the round; or
(2)  The candidate has a lower vote total than a candidate described in subparagraph 
(1) or (1-A).
H.  "Overvote" means a circumstance in which a voter has ranked more than one 
candidate at the same ranking.
H-1.  "Ranked‑choice voting count" means the ranked‑choice counting process 
described in this section and in rules adopted by the Secretary of State.
I.  "Ranking" means the number assigned on a ballot by a voter to a candidate to express 
the voter's preference for that candidate.  Ranking number one is the highest ranking, 
ranking number 2 is the next-highest ranking and so on.
J.  "Round" means an instance of the sequence of vote counting steps established in 
subsection 2 or 2-A and in rules adopted by the Secretary of State.
K.  "Skipped ranking" means a circumstance in which a voter has left a ranking blank 
and ranks a candidate at a subsequent ranking.
Sec. 37.  21-A MRSA §723-A, sub-§2, as amended by PL 2019, c. 320, §12, is 
further amended to read:
2.  Procedures in election that is not open primary election.  Except as provided in 
subsections 3 and 4, the following procedures are used to determine the winner of an 
election determined by ranked-choice voting that is not an open primary election for the 
office of Governor.  The ranked‑choice voting count must proceed in rounds.  In each 
round, the number of votes for each continuing candidate must be counted.  Each 
continuing ballot counts as one vote for its highest-ranked continuing candidate for that 
round.  Exhausted ballots are not counted for any continuing candidate.  The round then 
ends with one of the following 2 potential outcomes.
A.  If there are 2 or fewer continuing candidates, the candidate with the most votes is 
declared the winner of the election.
B.  If there are more than 2 continuing candidates, the last-place candidate is defeated 
and a new round begins.
Sec. 38.  21-A MRSA §723-A, sub-§2-A is enacted to read:
2-A.  Procedures in open primary election.  Except as provided in subsections 3-A 
and 4, the following procedures are used to determine the top 2 candidates in an open 
primary election for the office of Governor determined by ranked-choice voting.  The 
ranked-choice voting count must proceed in rounds.  In each round, the number of votes 
for each continuing candidate must be counted.  Each continuing ballot counts as one vote 
for its highest-ranked continuing candidate for that round.  Exhausted ballots are not 
counted for any continuing candidate.  
A.  For determining the candidates for the office of Governor, the round ends with one 
of the following 2 potential outcomes.
(1)  If there are 3 or fewer continuing candidates, the 2 candidates with the most 
votes are declared the winners of the open primary election.
(2)  If there are more than 3 continuing candidates, the last-place candidate is 
defeated and a new round begins.
Sec. 39.  21-A MRSA §723-A, sub-§3, as amended by PL 2019, c. 320, §13, is 
further amended to read:
3.  Ties in election that is not open primary election.  A tie under this section between 
last-place candidates in an election determined by ranked-choice voting that is not an open 
primary election for the office of Governor in any round other than the final round must be 
decided by lot, and the candidate chosen by lot is defeated.  The result of the tie resolution 
must be recorded and reused in the event of a recount.  A tie between candidates for the 
most votes in the final round must be decided as provided in section 732.
Sec. 40.  21-A MRSA §723-A, sub-§3-A is enacted to read:
3-A.  Ties in open primary election.  A tie between the 2nd-place and 3rd-place 
candidates for the office of Governor in an open primary election in any round must be 
decided by lot, and the candidate chosen by lot is defeated.  The result of the tie resolution 
must be recorded and reused in the event of a recount.  A tie between the top 2 candidates 
for the office of Governor in the final round of an open primary election need not be 
resolved.
Sec. 41.  21-A MRSA §732, sub-§1, as corrected by RR 2019, c. 2, Pt. B, §58, is 
amended to read:
1.  Primary election.  In a primary election other than an open primary election for the 
office of Governor, the Secretary of State shall notify each person involved in the tie to be 
present at the Secretary of State's office at a certain time.  At that time, the Secretary of 
State shall select the nominee publicly by lot.
Sec. 42.  21-A MRSA §759, sub-§4, as amended by PL 2007, c. 455, §43, is further 
amended to read:
4.  Warden to check absentee ballot for correct party or district.  At a primary 
election other than an open primary election when the warden removes a ballot from its 
envelope, the warden shall check its color to be sure it is the ballot of the party in which 
the voter is enrolled.  If it is not, the warden shall immediately replace it in its envelope, 
reseal the envelope and write "Rejected" on it, the reason why and the warden's initials. At 
a primary or general election, in a municipality that has more than one voting district, when 
the warden removes a ballot from its envelope, the warden shall check its color to be sure 
it is the ballot of the district in which the voter is registered. If it is not, the warden shall 
challenge the ballot according to section 673.
Sec. 43.  21-A MRSA §812, sub-§3, as enacted by PL 1985, c. 161, §6, is amended 
to read:
3.  Write-in vote.  It Except for a general election in an election subject to an open 
primary, it must permit a voter to vote for a write-in candidate.
Sec. 44.  21-A MRSA §812, sub-§5, as enacted by PL 1985, c. 161, §6, is amended 
to read:
5.  Voting restricted at primary.  It must prevent a voter from voting for the 
nomination of candidates of more than one party at a primary election other than an open 
primary election.
Sec. 45.  21-A MRSA §825, sub-§1, as corrected by RR 2019, c. 2, Pt. B, §67, is 
amended to read:
1.  Primary election.  In a primary election other than an open primary election, the 
warden or, in the warden's absence, a designated election clerk must activate each voting 
machine so that a voter can vote only for the candidates of the political party in which the 
voter is enrolled.
Sec. 46.  21-A MRSA §843, sub-§3, as enacted by PL 1985, c. 161, §6, is amended 
to read:
3.  Write-in vote.  It Except for a general election in an election subject to an open 
primary, it must permit a voter to vote for a write-in candidate.
Sec. 47.  21-A MRSA §843, sub-§4, as enacted by PL 1985, c. 161, §6, is amended 
to read:
4.  Voting restricted at primary.  It must prevent a voter from voting for the 
nomination of candidates of more than one party at a primary election other than an open 
primary election.
SUMMARY
This bill provides for open primary elections for the elections for Governor.  All of the 
candidates for that office, including candidates enrolled in a party and unenrolled 
candidates, must appear on the same open primary ballot.  All qualified voters, regardless 
of enrollment status, are eligible to vote in open primary elections.
The votes in an open primary election must be tabulated using ranked-choice voting, 
except that the 2 candidates who receive the most votes are declared the winners of the 
open primary.  The names of the winners of an open primary must appear on the ballot for 
the general election.  If one of the candidates who received the most votes at the open 
primary dies or becomes disqualified before the general election, that candidate's name 
must remain on the ballot and the voters must be notified that a vote for that candidate will 
be counted and, if that candidate is declared the winner of the election, a vacancy will be 
declared at the beginning of the term for which the candidate was elected.  Voters may not 
vote for a write-in candidate in a general election that was preceded by an open primary 
election.