An Act to Reinstate Plurality Voting by Repealing the Ranked-choice Voting Laws
Maine Legislature, Session 131, LD 1038
Committee: Veterans and Legal Affairs
Sponsors: POLEWARCZYK, BRADSTREET, DUCHARME, FOSTER, HENDERSON, LYMAN, POIRIER, SAMPSON, SMITH
Amends: 21-A MRSA §1, 21-A MRSA §601, 21-A MRSA §605-A, 21-A MRSA §695, 21-A MRSA §696, 21-A MRSA §700, 21-A MRSA §711, 21-A MRSA §722, 21-A MRSA §723, 21-A MRSA §723-A, 21-A MRSA §737-A, 21-A MRSA §801, 21-A MRSA §803, 21-A MRSA §805

Legislative Document
No. 1038
H.P. 674
House of Representatives, March 7, 2023
An Act to Reinstate Plurality Voting by Repealing the Ranked-
choice Voting Laws
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative POLEWARCZYK of Wiscasset.
Cosponsored by Representatives: BRADSTREET of Vassalboro, DUCHARME of Madison, 
FOSTER of Dexter, HENDERSON of Rumford, LYMAN of Livermore Falls, POIRIER of 
Skowhegan, SAMPSON of Alfred, SMITH of Palermo.
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Sec. 1.  21-A MRSA §1, sub-§27-C, as repealed and replaced by PL 2021, c. 273, 
§1, is repealed.
Sec. 2.  21-A MRSA §1, sub-§35-A, as enacted by IB 2015, c. 3, §2, is repealed.
Sec. 3.  21-A MRSA §601, sub-§1, as amended by PL 2019, c. 320, §2, is further 
amended to read:
1.  Arrangement.  The ballots must be arranged in a manner that is as consistent and 
uniform as possible throughout the State, except that ranked‑choice contests must be 
grouped together and may be presented on the same page of the ballot as contests other 
than ranked-choice contests or on a separate ballot or ballot page from contests other than 
ranked-choice contests.
Sec. 4.  21-A MRSA §601, sub-§2, ¶A, as amended by PL 2019, c. 320, §3, is 
further amended to read:
A.  Instructions must be printed on the ballot informing the voter how to designate the 
voter's choices on the ballot.  Specific instructions must be presented above or next to 
the first contest of each type, such as ranked-choice contests, contests other than 
ranked-choice contests or referenda.
Sec. 5.  21-A MRSA §601, sub-§2, ¶J, as amended by PL 2017, c. 316, §3, is 
repealed.
Sec. 6.  21-A MRSA §601, sub-§3, as amended by PL 2021, c. 273, §10, is further 
amended to read:
3.  Order of offices.  The order of offices on the ballot is as follows:  President, United 
States Senator, Governor, Representative to Congress, State Senator and Representative to 
the Legislature, and the county offices in the following order: judge of probate, register of 
probate, county treasurer, register of deeds, sheriff, district attorney and county 
commissioner, except that the order may be modified to allow ranked-choice contests to be 
printed on the opposite side of the ballot, separate from contests other than ranked-choice 
contests.
Sec. 7.  21-A MRSA §605-A, sub-§2, ¶A, as amended by PL 2019, c. 320, §4, is 
further amended to read:
A.  The voting instruction poster must include information on how to mark the ballot, 
including how to mark a write-in vote; how to replace the ballot if the voter makes a 
mistake; and how to receive assistance in marking the ballot.  It may include other 
voting information.  The Secretary of State may design separate instruction posters to 
instruct the voters on how to mark a ballot for elections to be determined by 
ranked‑choice voting and those to be determined by plurality.
Sec. 8.  21-A MRSA §695, first ¶, as amended by PL 2017, c. 316, §4, is further 
amended to read:
Except for elections determined by ranked-choice voting, the following provisions 
apply to the counting of ballots.  The election clerks shall count the ballots under the 
supervision of the warden as soon as the polls are closed, except that if, in the opinion of 
the municipal clerk the public interests will best be served, referendum ballots may be 
counted on the day immediately following the election, as long as the count is completed 
within 24 hours after the polls are closed.  If referendum ballots are counted under this 
exception, the municipal clerk is responsible for the security and safekeeping of the ballots 
until the count has been completed.
Sec. 9.  21-A MRSA §696, sub-§2, ¶A, as amended by PL 2019, c. 320, §5, is 
further amended to read:
A.  Except as provided in section 723‑A for elections determined by ranked-choice 
voting, if If a voter marks more names for an office than there are vacancies to be filled 
or more choices for a question than are permitted, the voter's vote for that office or 
question may not be counted.
Sec. 10.  21-A MRSA §700, as amended by PL 2019, c. 320, §6, is further amended 
to read:
§700.  Posting unofficial results
As soon as practicable after the election return is prepared under section 711, if a secure 
place is available at the voting place or municipal office where the public may view a paper 
copy of the unofficial election results even when the voting place or municipal office is 
closed, an election official shall post a paper copy of the unofficial results of the election.  
For elections determined by ranked‑choice voting, an election official shall post a paper 
copy of the results of the first choice votes cast.
Sec. 11.  21-A MRSA §711, first ¶, as amended by PL 2019, c. 320, §7, is further 
amended to read:
As soon as the results of the election have been declared, the election return must be 
prepared.  The warden at each ward or precinct shall fill out the election return form 
provided by the Secretary of State, showing the number of votes cast for each candidate or 
question and recording the total number of state ballots cast in that ward or precinct.  For 
elections determined by ranked‑choice voting, the warden shall report on the election return 
only the first choice votes cast.  The warden and one other election official shall sign the 
return and immediately deliver it to the municipal clerk.  The form provided by the 
Secretary of State must include the names of all candidates, including declared write-in 
candidates as determined by section 722‑A.
Sec. 12.  21-A MRSA §722, sub-§1, as amended by PL 2019, c. 371, §26, is further 
amended to read:
1.  How tabulated.  The Secretary of State shall tabulate all votes that appear by an 
election return to have been cast for each question or candidate whose name appeared on 
the ballot.  For elections determined by ranked-choice voting, the Secretary of State shall 
tabulate the votes according to the ranked-choice voting method described in section 
723‑A.  The Secretary of State shall tabulate the votes that appear by an election return to 
have been cast for a declared write-in candidate pursuant to section 722‑A.
Sec. 13.  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, 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. 14.  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 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. 15.  21-A MRSA §723-A, as amended by PL 2021, c. 750, §11 and affected by 
§14, is repealed.
Sec. 16.  21-A MRSA §737-A, 3rd ¶, as amended by PL 2019, c. 320, §16, is 
further amended to read:
A candidate who is the apparent loser and who desires a recount must file with the 
Secretary of State a written request for a recount within 5 business days after the election, 
except that in an election determined by ranked‑choice voting, only a candidate who 
received one of the top 3 rankings at the end of the penultimate round of ranked‑choice 
counting may request a recount.  The recount is held under the supervision of the Secretary 
of State, who shall allow the candidate's representatives or counsel to recount the ballots.  
The candidate may not act as a counter of ballots.
Sec. 17.  21-A MRSA §801, sub-§2, as enacted by PL 2019, c. 539, §4, is repealed.
Sec. 18.  21-A MRSA §803, as amended by PL 2021, c. 273, §29, is further amended 
to read:
§803.  Duties of Governor
As soon as possible after the presidential electors are chosen, the Governor shall send 
a certificate of the determination of the electors to the Archivist of the United States under 
the state seal.  The certificate must state the names of the electors and the number of votes 
each candidate for President received statewide and for each congressional district in the 
final round of tabulation under section 723‑A.  The Governor shall deliver 6 certificates 
under the state seal to the electors on or before the first Monday after the 2nd Wednesday 
of December, following their election.
Sec. 19.  21-A MRSA §805, sub-§2, as amended by PL 2019, c. 539, §5, is further 
amended to read:
2.  Presidential electors.  The presidential electors at large shall cast their ballots for 
the presidential and vice-presidential candidates who received the largest number of votes 
in the State according to the ranked‑choice method of counting votes described in section 
723‑A. The presidential electors of each congressional district shall cast their ballots for 
the presidential and vice-presidential candidates who received the largest number of votes 
in each respective congressional district according to the ranked‑choice method of counting 
votes described in section 723‑A.
SUMMARY
This bill repeals the laws governing ranked-choice voting.