An Act Regardmg Open Primary Elections and Ranked-choice Voting
Maine Legislature, Session 131, LD 1959
Committee Amendment CA_A_S625 (Senate)
Amends: 21-A MRSA §321, 21-A MRSA §331, 21-A MRSA §333, 21-A MRSA §334, 21-A MRSA §335, 21-A MRSA §336, 21-A MRSA §337, 21-A MRSA §338, 21-A MRSA §339, 21-A MRSA §441

COMMITTEE AMENDMENT " ft " to S.P, 795, L.D. 1959, "An Act Regardmg
Open Primary Elections and Ranked-choice Voting"
Amend the bill by striking out the title and substituting the followmg:
'An Act to Allow Political Parties to Use a Primary Election or a Nomination Caucus
to Determine Candidates for Federal, State or County Office'
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 21-A MRSA §321, sub-§l, as amended by PL 2021,c. 750, §4 and affected
by § 14, 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, except that unenrolled voters
who participate in the party's prunary election, if the party holds a primary election, must
be considered members of the party for purposes of allocating delegates. Delegates must
be members of the party unless otherwise permitted by party mles.
Sec. 2. 21-A MRSA §321, sub-§2, ^PE, as enacted by PL 1985, c. 161, §6, is
amended to read:
E. Elect a district committee for each congressional district; and
Sec. 3. 21-A MRSA §321, sub-§2, ^F, as amended by PL 2005, c. 387, §4, is
further amended to read:
F. Elect a county committee for each county from persons nominated at municipal
caucuses held in the county, unless party mles provide for county committee members
to be elected directly by their respective municipalities. If a municipality entitled to
nominate a person for election to the county committee fails to do so, the convention
may elect any resident of that municipality to the county committee-; and
Sec. 4. 21-A MRSA §321, sub-§2, ^G is enacted to read:
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT" 4"to S.P. 795, L.D. 1959 t S^^
G.^DetemuneJfthe party will hold a primary election or a nomination caucus for the
.ROS general election following the next general election after the party's convention. If the
Bartv determines to hold a nomination caucus, the party must establish the date for the
nomination caucus to be held. The party's final detennination must be incorporated into
the party's rules.
Sec. 5. 21-A MRSA c. 5, sub-c. 1, art. 4, headnote is amended to read:
ARTICLE 4
NOMINATION BY PRIMARY ELECTION OR NOMINATION CAUCUS
Sec. 6. 21-A MRSA §331, as amended by PL 2015,c. 447, §8, is further amended
to read:
§331. Primary election or nomination caucus required
1. Nomination by primary election or nomination caucus. A party's nomination of
a candidate must be made by primary election or by nomination caucus, as provided in this
Article. When there is an office for which no candidate has qualified either by filing a
petition and consent under sections 335 and 336 or as a write-in candidate m accordance
with section 722-A, the Secretary of State is not required to list the office on the primary
ballot. The Secretary of State is not required to print a primary ballot if there are no offices
for which a candidate has qualified or if the party has determined to use a nomination
caucus under section 321,
2. Exceptions. This Article does not apply to:
A. Nominations for presidential electors;
B. Nominations to fill vacancies under subchapter ffi 3; and
C. Nominations by petition under subchapter S 2.
3. Limitations to candidacy. The following limitations apply to all candidates for
nominations.
A. A person may not file, whether by primary election, nomination caucus or
nomination petition, as a candidate for more than one federal, state or county office at
any election, except for a candidate for membership in a county charter commission or
a candidate for presidential elector under section 351, subsection 3.
B, A person may file as a candidate for any federal, state or county office either by
primary election, nomination caucus or nomination petition but not by both m
combination, except for a candidate for membership in a county charter commission
3 under section 351, subsection 3.
Sec. 7. 21-A MRSA §333, as corrected by RR 2019,c. 2, Pt. B, §40, is amended to
read:
§333. Qualification for county office
A candidate for any county office must be a resident of and a voter in the electoral
division the candidate seeks to represent on the date established for filing primary w
nomination caucus petitions in the year the candidate seeks election. The elected official
Page2-131LR1162(02)
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " ^-" to S,P. 795, L.D. 1959 ^,5 ^ ^
must maintain a voting residence in that electoral division during that elected official's term
of office.
Sec. 8. 21-A MRSA §334, as amended by PL 2009,c.253,§16, is further amended
to read:
§334. Qualification of candidate for nomination by primary election or nomination
caucus
A candidate for nomination by primary election or nomination caucus must file a
primary or nomination caucus petition and consent under sections 335 and 336. The
candidate must be enrolled, on or before March 1 5th, 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 or nomination caucus. 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 §335, first % as enacted by PL 1985, c.161, §6, is amended
to read:
A primary or nomination caucus petition shall must be on a form provided by the
Secretary of State and is governed by the following provisions.
Sec. 10. 21-A MRSA §335, sub-§l, as amended by PL 2023,c.389,§1, is further
amended to read:
1. Content. A primary or nomination caucus petition must contain the name of only
one candidate and that candidate's municipality of residence, party, office sought and
electoral division. A primary or nomination caucus petition may contain as many separate
papers as necessary and may contain the candidate's consent required by section 336.
A. When 2 United States Senators are to be nominated, the primary or nomination
caucus petition must contain the term of office sought by the candidate.
Sec. 11. 21-A MRSA §335, sub-§2, as enacted by PL 1985,c.161, §6, is amended
to read:
2. By whom signed. A primary or nomination caucus petition may be signed only by
voters of the electoral division which that is to make the nomination and who are enrolled
in the party named in the petition. Other signatures are void.
Sec. 12. 21-AMRSA §335, sub-§7, as amended by PL 2009,c. 253, §17, is further
amended to read:
7. Certification of petition. A primary or nomination caucus petition sbaU must be
verified and certified as follows.
A. The circulator of a primary or nomination caucus petition shall verify by oath or
6 affirmation before a notary public or other person authorized by law to administer oaths
or affirmations that the circulator personally witnessed all of the signatures to the
petition and that to the best of the circulator's knowledge and belief each signature is
the signature of the person whose name it purports to be; each signature authorized
under section 153-A was made by the authorized signer m the presence and at the
direction of the voter; and each person is enrolled m the party named in the petition
and is a resident of the electoral division named m the petition.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " 1^ to S.P. 795, L.D. 1959 ( :>- (
B. The registrar, or clerk at the request or upon the absence of the registrar, of each
municipality concerned shall certify which names on a petition appear in the central
voter registration system as registered and enrolled voters in that municipality and may
not certify any names that do not satisfy subsection 3.
Sec. 13. 21-A MRSA §335, sub-§8, as amended by PL 2019,c.445,§3, is further
amended to read:
8. When filed. Except as provided in subchapter 8, a primary or nomination caucus
petition must be filed in the office of the Secretary of State before 5 p.m. on March 15th of
the election year in which it is to be used.
Sec. 14. 21-A MRSA §336, as amended by PL 2023, c. 304, Pt. A, §5 and c. 389,
§2, is further amended to read:
§336. Consent of candidate to be filed
The written consent of each candidate must be filed either with that candidate's primary
or nomination caucus petition or at any earlier time during which signatures may be
collected under section 335 or, if applicable, subchapter 8.
1. Consent. The consent must contain a statement signed by the candidate that the
candidate will accept the nomination of the primary election or nomination caucus. 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 or nomination caucus
petition.
2. Single filing sufficient. A candidate need file only one consent. This consent is
valid even though it may be part of a primary or nomination caucus petition wtuefe that is
void,
3. Residence and party declared. The consent must contain a declaration of the
candidate's place of residence and party designation and a statement that the candidate
meets the qualifications of the office the candidate seeks, which the candidate must verify
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 primary or nomination caucus petition are void. Upon written
request by the candidate to the Secretary of State, the Secretary of State may treat the
candidate's street name and number as confidential as long as the street name and number
are not material to the candidate's qualifications to serve.
Sec. 15. 21-A MRSA §337, as amended by PL 2011,c.342,§9, is further amended
to read:
§337. Review and challenge of petitions
1. Review. When presented with a primary or nomination caucus petition, the
Secretary of State shall review it the petition and, if the petition contains the required
number of certified names and is properly completed, shall accept and file it the petition.
2. Challenges. The procedure for challenging the validity of a primary or nomination
caucus petition or of names upon a petition is as follows.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " /J." to S.P. 795, L.D. 19591
,RClS ^" ^)n^a reglstered voter residing in the electoral division of the candidate concerned
&-^cl< may file a challenge. The challenge must be in writing and must set forth the reasons
for the challenge. The challenge must be filed in the office of the Secretary of State
before 5 p,m, on the 5th business day after the final date for filing petitions under
section 335, subsection 8.
B. Within 7 days after the fmal date for filing challenges and after due notice of the
hearing to the candidate and to the challenger, the Secretary of State shall hold a public
hearmg on any challenge properly filed. The challenger has the burden of providing
sufficient evidence to mvalidate the petitions or any names upon the petitions.
C. The Secretary of State shall mle on the validity of any challenge within 5 days after
the completion of the hearing described in paragraph B.
D. A challenger or a candidate may appeal the decision of the Secretary of State by
commencing an action in the Superior Court. This action must be conducted in
accordance with the Maine Rules of Civil Procedure, Rule 80C, except as modified by
this section. This action must be commenced within 5 days of the date of the decision
of the Secretary of State. Upon timely application, anyone may mtervene in this action
when the applicant claims an interest relating to the subject matter of the petitions,
unless the applicant's interest is adequately represented by existing parties. The court
shall issue a written decision containing its findings of fact and conclusions of law and
setting forth the reasons for its decision within 20 days of the date of the decision of
the Secretary of State.
E. Any aggrieved party may appeal the decision of the Superior Court, on questions
of law, by filing a notice of appeal within 3 days of that decision. The record on appeal
must be transmitted to the Law Court within 3 days after notice of appeal is filed. After
filing notice of appeal, the parties have 4 days to file briefs and appendices with the
clerk of courts. As soon as the record and briefs have been filed, the court shall
immediately consider the case. The court shall issue its decision within 14 days of the
date of the decision of the Superior Court.
Sec. 16. 21-A MRSA §338, as corrected by RR 2019, c. 2, Pt. B, §44, is amended
to read:
§338. Write-in candidates
A person whose name will not appear on the printed primary ballot or on the candidate
list for a nomination caucus 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 iti accordance with section 723,
subsection 1 or at a nomination caucus if that person receives a number of votes equal to at
7 least twice the minimum number of signatures required under section 33 5, subsection 5.
Sec. 17. 21-A MRSA §339, as enacted by PL 1985,c. 161, §6, is amended to read:
§339. Time and nature of election
The A primary election shall must be held on the 2nd Tuesday of June of each general
election year and is considered to be a separate election for each party which that takes part
in it. This mcludes the duties of public officials in announcing the election, providing forms
and ballots, keeping records and any other matter necessary to effect the purpose of a
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "^ " to S.P. 795, L.D. 1959 (,€,- <
election. A primary election sfeaU must be conducted in the same manner as the
"2" general election, as nearly as practicable, for each party. A nomination caucus must be held
on the date determined by the party for the nomination caucus under section 321 .
Sec. 18. 21-A MRSA §441, as amended by PL 2021,c. 273,§7 and c, 750, §§7 and
8 and affected by § 14, is further amended by amending the section headnote to read:
§441. Determination and date of primary or caucus; voter eligibility
Sec. 19. 21-A MRSA §441, sub-§l, as amended by PL 2021,c. 273, §7, is further
amended to read:
1. Determination of primary or caucus. No later than October 1st of the year prior
to a presidential election year, the state committee of each party shall certify whether there
is a contest among candidates for nomination as the presidential candidate and whether
such contest must be determined by presidential primary election or by presidential
nomination caucus, as determined by the party at the party's convention under section 321.
Upon receiving the certification from one or more parties, the Secretary of State shall
announce the parties that will have a presidential primary election, which must be held on
the first Tuesday after the first Monday in March of the presidential election year. or a
presidential nomination caucus, which must be held on the date determined by the party at
the party's convention under section 321.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively,
SUMMARY
This amendment replaces the bill and changes the title. The amendment allows a
political party to determine whether that party will use a primary election or a nomination
caucus to determine candidates for federal, state or county office, including presidential
candidates. The party must determine at the state convention held between March 1st and
August 1st biennially during each general election year whether that party will hold a
primary election or nomination caucus for the general election following the next general
election after the party's convention. The party also is required to establish the date for
such a nomination caucus and must incorporate the party's fmal determination into the party
rules. Candidates for a nomination caucus are required to qualify in the same way as
candidates for a primary election.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 03/28/24 ^sze'-
LD 1959 LR 1162(02)
An Act Regarding Open Primary Elections and Ranked-choice Voting
Fiscal Note for Bill as Amended by Committee Amendment '^"/ <^ -i
Committee: Veterans and Legal Affairs
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - General Fund
Fiscal Detail aud Notes
Any additional costs to the Department of Secretary of State associated with this bill are expected to be minor and can
I be absorbed within existing budgeted resources.
LR1162(02) - Fiscal Note - Page 1 of 1