An Act to Modify
Maine Legislature, Session 132, LD 0911
Committee Amendment CA_A_S333 (Senate)
Amends: 21-A MRSA §371, 21-A MRSA §374-A

COMMITTEE AMENDMENT" /),-
to S.P. 401, L.D. 911, "An Act to Modify 
Ranked-choice Voting with Regard to Candidates Who Withdraw from an Election" • • 
Amend the bill by striking out the title and substituting the following: 
'An Act to Clarify Procedures for When a Candidate Withdt·aws from an Election 
Determined by Ranked-choice Voting or When a Cancliclate Dies or Becomes 
Disqualified in an Election Determined by Ranked-choice Voting' . 
• 
Amend the bill by striking out everything after the enacting clause and insetting the 
following: 
. 'Sec, 1. 21-A MRSA §371, sub-§5, as enacted by PL 2019, c. 636, §6, is a1nended 
to read: 
5. Death or disqualification of candiclates less than 70 days before prim_ary 
election in contested races, The Secreta1-y 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, 
Notwithstanding the provision of section I. subsection 27-C that describes the minimum 
number of qualified candidates for an election to be an election determined by ranked-
choice voting. if a candidate dies or becomes disqualified less than 70 days before the 
prima1y election. the election remains an election determined by ranked-choice voting 
regardless of the number ofremaining qualified candidates. A ranking for a candidate who 
Page I - 132LR2208(02) 
COMMITTEE AMENDMENT 
~~ 
~"~ 
I 
16• 
COMMITI'EE AMENDMENT"~" to S.P. 401, L.D. 91 l (S'-~S31 
has died or become disqualified is considered a ranking only for the purpose of determining 
whether the ballot is exhausted under section 723-A. A candidate who has died or been 
disqualified cannot be determined the winner. 
For the purposes of this subsection, 
"ranking" has the same meaning as in section 723-A. subsection 1, paragraph I. 
Sec. 2, 21-A MRSA §371, sub-§6, as enacted by PL 2019, c. 636, §6, is amended 
to read: 
6. 
Withdrawal of candidates less than 70 days before primary election in 
contested and uncontested races, When a candidate for nomination withdraws less than 
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 l'eceived by the 
local election officials and. on election day, must be posted outside the guardrail enclosme 
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. 
Notwithstanding the provision of section l. subsection 27-C that describes the minimum 
number of qualified candidates for an election to be an election determined by ranked~ 
choice voting, if a candidate withdraws less than 70 days before the primary election. the 
election 1·emains an election determined by ranked-choice voting regardless of the number 
of remaining qualified candidates. A ranking for a candidate who has withdrawn is 
considered a ranking only fot· the purpose of determining whether the ballot is exhausted 
under section 723-A. A candidate who has withdrawn cannot be determined the winner. 
For the purposes of this subsection. 
11rnnking
has the same meaning as in section 723-A; 
subsection 1. paragraph I. 
Sec, 3, 21-A MRSA §374-A, sub-§3, as amended by PL 2019, c. 636, §9, is 
repealed and the following enacted in its place: 
3, Deadline for removal of candidate1s name from general election ballot, 
Removal of a candidate's name from the general election balJot is determined in acco1·dance 
with this subsection. 
A. 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 1·emoved from the 
ballot. 
B. 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. subsection 1-A or the general election ballot must be amended or 
supplemented in accOl'dance with section 604. 
C. 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 L 
12aragraph 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 Secreta1y of State shall 
immediately prepare and distribute to the local election officials in the candidate's 
electoral district a notice info1·ming voters that the candidate has withdrawn and that a 
COMMITTEE AMENDMENT 
l l 
C~MMITTEE AMENDMENT"~" to S.P. 401, L.D. 911C,;-5"33) 
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 ot1tside 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 Secreta1y of 
State's publicly accessible website. Notwithstanding the provision of section 1. 
subsection 27-C that describes the minimum number of qualified candidates for an 
election to be an election determined by ranked-choice voting. if a candidate withdraws 
pursuant to this paragraph. the election remains an election determined by ranked-
choice voting regardless of the number of remaining qualified candidates. A ranking 
for a candidate who has withdrawn is considered a ranking only for the purpose of 
determining whether the ballot is exhausted under section 723-A. A candidate who 
has withdrawn cannot be determined the winner. For the purposes of this subsection. 
"ranking" has the same meaning as in section 723-A. subsection l, paragraph I.' 
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 provides that 
if a candidate dies or becomes disqualified less than 70 days before a primary election 
determined by rnnked-choice voting or withdraws less than 70 days before a primary or 
general election determined by ranked-choice voting1 the election remains an election 
determined by ranked-choice voting regardless of the number of remaining qualified 
candidates. The amendment also specifies that a ranking, which means the number 
assigned on a ballot by a voter to a candidate to exp1·ess the voter's prnference for that 
candidate, will only be considered a ranking for the purpose of determining whether the 
ballot is exhausted for the purposes of the ranked-choice voting count. A candid ate who 
has withdrawn, died or become disqualified cannot be determined the winner of the 
election. 
COMMITTEE AMENDMENT