reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 3: VOTER REGISTRATION › Subchapter 7: CENTRAL VOTER REGISTRATION › 21-A §195. Report

§195. Report
The Secretary of State shall report annually by January 15th to the joint standing committee of the Legislature having jurisdiction over voter registration matters on the administration of the central voter registration system and the automatic voter registration system established pursuant to subchapter 9.   [PL 2019, c. 409, §5 (NEW); PL 2019, c. 409, §9 (AFF).]
1.  Automatic registration efforts.
Beginning January 15, 2023, the report required under this section must include the following information regarding the actions taken pursuant to subchapter 9:
A. The number of pending voter registration records that have been created by source agencies;   [PL 2019, c. 409, §5 (NEW); PL 2019, c. 409, §9 (AFF).]
B. The number of voters added to the central voter registration system because of pending voter registration records created by source agencies;   [PL 2019, c. 409, §5 (NEW); PL 2019, c. 409, §9 (AFF).]
C. The number of voters in the central voter registration system whose information was updated because of pending voter registration records created by source agencies;   [PL 2019, c. 409, §5 (NEW); PL 2019, c. 409, §9 (AFF).]
D. The number of pending voter registration records created, by source agency, that do not relate to individuals affirmatively identified as eligible to vote;   [PL 2019, c. 409, §5 (NEW); PL 2019, c. 409, §9 (AFF).]
E. The number of individuals who chose to not register to vote; and   [PL 2019, c. 409, §5 (NEW); PL 2019, c. 409, §9 (AFF).]
F. The number of voters who submitted requests to update or correct registration information through the system established in subchapter 9, by type of information updated.   [PL 2019, c. 409, §5 (NEW); PL 2019, c. 409, §9 (AFF).]
As used in this subsection, "pending voter registration record" and "source agency" have the same meanings as in section 231, subsections 2 and 4, respectively.
[PL 2019, c. 409, §5 (NEW); PL 2019, c. 409, §9 (AFF).]
2.  Public access.
The report required under this section may address issues of public access to the information from the central voter registration system.
[PL 2019, c. 409, §5 (NEW); PL 2019, c. 409, §9 (AFF).]
3.  Legislation.
The report required under this section may include suggested legislation necessary to administer the central voter registration system and the automatic voter registration system implemented pursuant to subchapter 9. The joint standing committee of the Legislature having jurisdiction over voter registration matters may report out legislation regarding the central voter registration system and the automatic voter registration system to the Legislature.
[PL 2019, c. 409, §5 (NEW); PL 2019, c. 409, §9 (AFF).]
SECTION HISTORY
PL 2001, c. 637, §2 (NEW). PL 2005, c. 453, §44 (AMD). PL 2007, c. 397, §1 (AMD). PL 2009, c. 564, §6 (AMD). PL 2019, c. 409, §5 (RPR). PL 2019, c. 409, §9 (AFF).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 3: VOTER REGISTRATION › Subchapter 7: CENTRAL VOTER REGISTRATION › 21-A §196. Use and distribution of central voter registration information (REPEALED)

§196. Use and distribution of central voter registration information
(REPEALED)
SECTION HISTORY
PL 2005, c. 404, §2 (NEW). PL 2005, c. 568, §10 (AMD). RR 2007, c. 1, §11 (COR). PL 2007, c. 397, §2 (AMD). PL 2007, c. 455, §§11, 12 (AMD). PL 2007, c. 695, Pt. C, §5 (AMD). PL 2009, c. 370, §§ 4, 5 (AMD). PL 2009, c. 564, §7 (RP).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 3: VOTER REGISTRATION › Subchapter 8: HELP AMERICA VOTE ACT › 21-A §221. State coordinator

§221. State coordinator
The Secretary of State is the coordinator of the State's responsibilities under the federal Help America Vote Act of 2002, Public Law 107-252.   [PL 2003, c. 407, §15 (NEW).]
SECTION HISTORY
PL 2003, c. 407, §15 (NEW).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 3: VOTER REGISTRATION › Subchapter 8: HELP AMERICA VOTE ACT › 21-A §222. Rule-making authority

§222. Rule-making authority
The Secretary of State is authorized to adopt rules establishing an administrative procedure for handling complaints relating to compliance with the provisions of Title III of the federal Help America Vote Act of 2002. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2003, c. 407, §16 (NEW).]
SECTION HISTORY
PL 2003, c. 407, §16 (NEW).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 3: VOTER REGISTRATION › Subchapter 9: AUTOMATIC VOTER REGISTRATION › 21-A §231. Definitions

§231. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2019, c. 409, §6 (NEW); PL 2019, c. 409, §9 (AFF).]
1.  Bureau.
"Bureau" means the Department of the Secretary of State, Bureau of Motor Vehicles.
[PL 2019, c. 409, §6 (NEW); PL 2019, c. 409, §9 (AFF).]
2.  Pending voter registration record.
"Pending voter registration record" means the electronic record created by a source agency that contains the personal identification information, including name, age, citizenship and legal residence, and other information required by section 152 of a person who is in the process of being considered for voter registration.
[PL 2019, c. 409, §6 (NEW); PL 2019, c. 409, §9 (AFF).]
3.  Proof of voter eligibility.
"Proof of voter eligibility" means reliable evidence of a person's eligibility to vote and must include proof of age, citizenship and residence.
[PL 2019, c. 409, §6 (NEW); PL 2019, c. 409, §9 (AFF).]
4.  Source agency.
"Source agency" means the bureau and a state agency or department or other entity designated as a source agency pursuant to section 233, subsection 1 that, as part of the normal course of business of that entity, collects documents that contain personal identification information that provides proof of voter eligibility.
[PL 2019, c. 409, §6 (NEW); PL 2019, c. 409, §9 (AFF).]
SECTION HISTORY
PL 2019, c. 409, §6 (NEW). PL 2019, c. 409, §9 (AFF).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 3: VOTER REGISTRATION › Subchapter 9: AUTOMATIC VOTER REGISTRATION › 21-A §232. Automatic registration by the bureau

§232. Automatic registration by the bureau
1.  Application for driver's license or nondriver identification card; creation of pending voter registration record.
If an individual applies for, renews or updates a driver's license or nondriver identification card from the bureau, unless the individual opts out under section 234, the bureau shall record the documentation provided by the individual that provides proof of voter eligibility and create a pending voter registration record for that individual, which must be stored electronically in the bureau's database. The pending voter registration record and the record of the accompanying documentation must be in a searchable, auditable format.
[PL 2021, c. 273, §3 (AMD).]
2.  Proof of citizenship.
If an individual in the course of business with the bureau provides a document that proves the individual is a United States citizen, the pending voter registration record of that individual in the bureau's database must indicate that the individual has fulfilled the citizenship eligibility requirement for the purpose of registering to vote.
[PL 2019, c. 409, §6 (NEW); PL 2019, c. 409, §9 (AFF).]
3.  Electronic transmission of voter registration data.
Unless the individual has opted out of automatic voter registration as provided in section 234, if an individual's pending voter registration record establishes voter eligibility, the bureau shall transmit electronically the individual's pending voter registration record to the applicable registrar of voters in a format that may be reviewed by the registrar and converted and uploaded into the central voter registration system.
[PL 2019, c. 409, §6 (NEW); PL 2019, c. 409, §9 (AFF).]
4.  Registration of individual or update of individual's registration record.
The registrar of voters shall determine whether an individual whose pending voter registration record was transmitted under subsection 3 is eligible to and registered to vote in the central voter registration system. If the individual is eligible to vote but is not registered in the central voter registration system, the registrar shall enter the individual's information into the central voter registration system. If the individual is registered to vote, the registrar shall enter any changes to the address or name of the individual in the central voter registration system to ensure that the voting lists are kept current.
[PL 2019, c. 409, §6 (NEW); PL 2019, c. 409, §9 (AFF).]
5.  Implementation.
Notwithstanding any provision of law to the contrary, the bureau may conduct the activities in subsections 1 to 3 beginning January 1, 2022 but is not required to comply with the requirements of subsections 1 to 3 until June 1, 2022.
[PL 2021, c. 273, §4 (NEW); PL 2021, c. 273, §30 (AFF).]
SECTION HISTORY
PL 2019, c. 409, §6 (NEW). PL 2019, c. 409, §9 (AFF). PL 2021, c. 273, §§3, 4 (AMD). PL 2021, c. 273, §30 (AFF).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 3: VOTER REGISTRATION › Subchapter 9: AUTOMATIC VOTER REGISTRATION › 21-A §233. Automatic registration by source agencies other than the bureau

§233. Automatic registration by source agencies other than the bureau
1.  Designation of source agencies.
The Secretary of State may designate a state agency or department as a source agency if the Secretary of State verifies that the agency or department, as part of the normal course of business of that agency or department, collects documents that provide proof of voter eligibility. The Secretary of State may designate as source agencies other entities designated by Section 7 of the National Voter Registration Act of 1993, 52 United States Code, Section 20506, including, but not limited to, public or private universities or colleges or entities that provide services to persons with disabilities, as long as those entities, as part of the entities' normal course of business, collect documents that provide proof of voter eligibility.
[PL 2019, c. 409, §6 (NEW); PL 2019, c. 409, §9 (AFF).]
2.  Automatic registration.
An agency designated as a source agency pursuant to this section shall follow the procedures established by the Secretary of State by rule for automatic voter registration. Those procedures, to the extent possible, must be the same as the procedures for automatic voter registration by the bureau under section 232.
[PL 2019, c. 409, §6 (NEW); PL 2019, c. 409, §9 (AFF).]
SECTION HISTORY
PL 2019, c. 409, §6 (NEW). PL 2019, c. 409, §9 (AFF).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 3: VOTER REGISTRATION › Subchapter 9: AUTOMATIC VOTER REGISTRATION › 21-A §234. Voluntary opt-out from voter list

§234. Voluntary opt-out from voter list
1.  Opportunity to opt out.
Any document or application used by a source agency in the normal course of business of that agency to collect proof of voter eligibility data must contain notice that, unless the applicant declines, the information provided by the applicant could be used to register the applicant to vote and that some of the applicant's information would be sent to a central voter database where it would be accessible to entities other than the State or the source agency.
[PL 2019, c. 409, §6 (NEW); PL 2019, c. 409, §9 (AFF).]
2.  Opportunity to opt out prior to voter registration transaction.
The Secretary of State shall ensure that, prior to the creation of a pending voter registration record by a source agency, an individual is given the opportunity to opt out of any voter registration transaction. If an individual opts out of voter registration, information about that individual may not be transmitted from the source agency that obtained the information to a registrar of voters.
[PL 2019, c. 409, §6 (NEW); PL 2019, c. 409, §9 (AFF).]
SECTION HISTORY
PL 2019, c. 409, §6 (NEW). PL 2019, c. 409, §9 (AFF).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 3: VOTER REGISTRATION › Subchapter 9: AUTOMATIC VOTER REGISTRATION › 21-A §235. Protection against liability of individuals on basis of information transferred; false information

§235. Protection against liability of individuals on basis of information transferred; false information
1.  No individual liability for error by State.
If an individual who is ineligible to vote becomes a registered voter pursuant to this subchapter, that individual's registration is deemed to be the fault of the State and not attributable to or the fault of the individual.
[PL 2019, c. 409, §6 (NEW); PL 2019, c. 409, §9 (AFF).]
2.  Providing false information.
Notwithstanding subsection 1, an individual who knowingly and willfully provides false information under this subchapter is subject to prosecution pursuant to Title 17‑A, section 452.
[PL 2019, c. 409, §6 (NEW); PL 2019, c. 409, §9 (AFF).]
SECTION HISTORY
PL 2019, c. 409, §6 (NEW). PL 2019, c. 409, §9 (AFF).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 3: VOTER REGISTRATION › Subchapter 9: AUTOMATIC VOTER REGISTRATION › 21-A §236. Nondiscrimination

§236. Nondiscrimination
A person acting under color of law may not discriminate against an individual on the basis of the individual's absence from the central voter registration system, the information supplied by the individual for voter registration purposes at a source agency or the individual's declining to supply such information, except as required to administer elections or enforce the laws against election crimes.   [PL 2019, c. 409, §6 (NEW); PL 2019, c. 409, §9 (AFF).]
SECTION HISTORY
PL 2019, c. 409, §6 (NEW). PL 2019, c. 409, §9 (AFF).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 3: VOTER REGISTRATION › Subchapter 9: AUTOMATIC VOTER REGISTRATION › 21-A §237. Secretary of State duties

§237. Secretary of State duties
1.  Audit of data.
The Secretary of State shall audit the central voter registration system for quality of data prior to implementation of the automatic voter registration system pursuant to this subchapter and shall periodically thereafter conduct regular audits and random checks to ensure the accuracy and reliability of the data.
[PL 2019, c. 409, §6 (NEW); PL 2019, c. 409, §9 (AFF).]
2.  Rulemaking.
The Secretary of State may adopt rules to implement this subchapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2019, c. 409, §6 (NEW); PL 2019, c. 409, §9 (AFF).]
SECTION HISTORY
PL 2019, c. 409, §6 (NEW). PL 2019, c. 409, §9 (AFF).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 3: VOTER REGISTRATION › Subchapter 9: AUTOMATIC VOTER REGISTRATION › 21-A §238. Rule of construction

§238. Rule of construction
1.  No change to authority to maintain voting lists.
This subchapter may not be construed to interfere with any election official's authority or obligation, under state or federal law, to:
A. Determine whether an individual is qualified to be a voter; or   [PL 2019, c. 409, §6 (NEW); PL 2019, c. 409, §9 (AFF).]
B. Conduct regular, nondiscriminatory voting list maintenance designed to ensure that persons who are ineligible to vote are not reflected as voters in the central voter registration system.   [PL 2019, c. 409, §6 (NEW); PL 2019, c. 409, §9 (AFF).]
[PL 2019, c. 409, §6 (NEW); PL 2019, c. 409, §9 (AFF).]
2.  Right to opt out.
This subchapter may not be construed to interfere with the right of an individual to decline for any reason to be registered to vote.
[PL 2019, c. 409, §6 (NEW); PL 2019, c. 409, §9 (AFF).]
SECTION HISTORY
PL 2019, c. 409, §6 (NEW). PL 2019, c. 409, §9 (AFF).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 5: NOMINATIONS › Subchapter 1: BY POLITICAL PARTIES › Article 1: PARTY QUALIFICATION › 21-A §301. Qualified parties

§301. Qualified parties
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;   [PL 2011, c. 227, §1 (AMD).]
B. The party held a state convention as prescribed by Article III during the election year in which the designation was listed on the ballot and any interim election year; and   [PL 1999, c. 450, §1 (AMD).]
C. [PL 2009, c. 426, §1 (RP).]
D. [PL 1999, c. 450, §1 (RP).]
E. The party's candidate for Governor or for President received at least 5% of the total votes cast in the State for Governor or for President in the last preceding gubernatorial or presidential election or at least 5,000 voters were enrolled in the party as of the last general election, except that a qualified party does not have to meet the requirements of this paragraph until the 2nd general election after it has qualified and thereafter.   [PL 2023, c. 400, §1 (AMD).]
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.
[PL 2023, c. 400, §1 (AMD).]
2.  General election.
A party which qualifies under subsection 1 to participate in a primary election must, in that same year, hold a state convention as prescribed by Article III in order to have the party designation of its candidates printed on the ballot in the general election of that year.
[PL 1985, c. 161, §6 (NEW).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW). PL 1997, c. 436, §41 (AMD). PL 1999, c. 450, §1 (AMD). PL 2009, c. 426, §§1, 2 (AMD). PL 2011, c. 227, §1 (AMD). PL 2017, c. 254, §1 (AMD). PL 2021, c. 335, §1 (AMD). PL 2023, c. 400, §1 (AMD).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 5: NOMINATIONS › Subchapter 1: BY POLITICAL PARTIES › Article 1: PARTY QUALIFICATION › 21-A §302. Formation of new party; organization about a candidate

§302. Formation of new party; organization about a candidate
A party whose designation was not listed on the general election ballot in the last preceding general election qualifies to participate in a primary election, if it meets the requirements of subsections 1 and 2.   [PL 1999, c. 450, §2 (AMD).]
1.  Declaration of intent.
A voter or a group of voters not enrolled in a party qualified under section 301 must file a declaration of intent to form a party with the Secretary of State before 5 p.m. on the 180th day preceding the next primary election. The declaration of intent must be on a form designed by the Secretary of State and must include:
A. The designation of the proposed party;   [PL 1985, c. 161, §6 (NEW).]
B. The name of a candidate for Governor or for President in the last preceding general election who was nominated by petition under subchapter II and who received 5% or more of the total vote cast in the State for Governor or for President in that election;   [PL 1999, c. 450, §3 (AMD).]
C. The signed consent of that candidate; and   [PL 1985, c. 161, §6 (NEW).]
D. The name, address, telephone number, if published, and signature of the voter or one of the group of voters who files the declaration of intent.   [PL 1997, c. 436, §42 (AMD).]
[PL 1999, c. 450, §3 (AMD).]
2.  Enrollment of voters.
After filing the declaration described in subsection 1, the voter or voters proposing to form the party may then enroll voters in the proposed party under sections 141 to 145.
[PL 1985, c. 161, §6 (NEW).]
3.  Municipal caucuses.
A party that has qualified under subsections 1 and 2 to participate in a primary election must conduct municipal caucuses in at least one municipality in each of the 16 counties during that election year as prescribed in Article II. The chair of the municipal committee or a resident voter in the municipality must file a copy of the notice required by section 311, subsection 3 with the Secretary of State before 5 p.m. on March 20th.
[PL 1999, c. 450, §4 (AMD).]
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 3 and hold a state convention as prescribed by Article III 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.
[PL 1999, c. 450, §5 (AMD).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW). PL 1997, c. 436, §§42,43 (AMD). PL 1999, c. 450, §§2-5 (AMD).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 5: NOMINATIONS › Subchapter 1: BY POLITICAL PARTIES › Article 1: PARTY QUALIFICATION › 21-A §304. Disqualification of parties

§304. Disqualification of parties
A party that does not meet the requirements of section 301 is not qualified to participate in a subsequent election.   [PL 1999, c. 450, §10 (AMD).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW). PL 1999, c. 450, §10 (AMD).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 5: NOMINATIONS › Subchapter 1: BY POLITICAL PARTIES › Article 1: PARTY QUALIFICATION › 21-A §305. Secretary of State

§305. Secretary of State
The Secretary of State shall determine whether or not a party has met the requirements of sections 301, 302 and 303.   [PL 1985, c. 161, §6 (NEW).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 5: NOMINATIONS › Subchapter 1: BY POLITICAL PARTIES › Article 1: PARTY QUALIFICATION › 21-A §306. Enrolled voters

§306. Enrolled voters
A voter who is enrolled in a party which failed to meet the requirements of section 302 or 303, or which is disqualified under section 304, is considered an unenrolled voter for all purposes.   [PL 1985, c. 161, §6 (NEW).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 5: NOMINATIONS › Subchapter 1: BY POLITICAL PARTIES › Article 1: PARTY QUALIFICATION › 21-A §307. Party designation

§307. Party designation
A voter or group of voters seeking to participate as a party in a primary election under section 302 or 303 must choose a party designation that does not:   [PL 1985, c. 161, §6 (NEW).]
1.  Length.
Exceed 3 words in length;
[PL 1985, c. 161, §6 (NEW).]
2.  Use state name.
Incorporate the name or an abbreviation of the name of the State;
[PL 1999, c. 450, §11 (AMD).]
3.  Use established party's designation.
Incorporate the designation or an abbreviation of the designation of a party that is qualified to participate in a primary or general election under section 301;
[PL 2003, c. 447, §8 (AMD).]
4.  Use independent designation.
Consist of the word "independent" without another descriptive word or words. The designation "independent," without another descriptive word or words, is reserved for use by candidates that are not enrolled in any qualified or proposed party; and
[PL 2003, c. 447, §9 (AMD).]
5.  Use obscene designation.
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.
[PL 2007, c. 455, §13 (AMD).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW). PL 1999, c. 450, §§11,12 (AMD). PL 2003, c. 447, §§8-10 (AMD). PL 2007, c. 455, §13 (AMD).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 5: NOMINATIONS › Subchapter 1: BY POLITICAL PARTIES › Article 2: BIENNIAL MUNICIPAL CAUCUS › 21-A §312. Municipal caucus list

§312. Municipal caucus list
The chair or secretary of the municipal committee or the person or persons calling a biennial municipal caucus, including any resident voter pursuant to section 311, subsection 5, may request a list of registered voters pursuant to section 196‑A, subsection 1 for use by the municipal committee once each biennial election cycle beginning January 1st in an election year.   [PL 2009, c. 564, §9 (AMD).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW). PL 1999, c. 450, §13 (RPR). PL 2001, c. 310, §18 (AMD). PL 2005, c. 453, §45 (AMD). PL 2009, c. 564, §9 (AMD).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 5: NOMINATIONS › Subchapter 1: BY POLITICAL PARTIES › Article 2: BIENNIAL MUNICIPAL CAUCUS › 21-A §313. Voting procedure

§313. Voting procedure
The following provisions apply to voting at a municipal caucus.   [PL 1985, c. 161, §6 (NEW).]
1.  Vote by list.
The caucus may order voting to be done by checking each voter's name on the municipal caucus list of registered voters from the central voter registration system pursuant to section 312.
[PL 2005, c. 453, §46 (AMD).]
2.  Secret ballot.
The caucus may order voting to be done by secret ballot which may be printed, or written on plain paper.
[PL 1985, c. 161, §6 (NEW).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW). PL 2005, c. 453, §46 (AMD).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 5: NOMINATIONS › Subchapter 1: BY POLITICAL PARTIES › Article 2: BIENNIAL MUNICIPAL CAUCUS › 21-A §314. Challenges

§314. Challenges
An enrolled voter of a municipality may challenge the right of another to vote at a municipal caucus. The person challenged may vote at the caucus after that person has taken the following oath administered by the chair of the caucus.   [RR 2019, c. 2, Pt. B, §39 (COR).]
1.  Oath.
"I, (name of challenged person), swear that I am a registered and enrolled voter in this voting district, that I am a member of the party holding this caucus, and that I have not been enrolled in any other party in this municipality within the last 15 days."
[PL 1993, c. 695, §21 (AMD).]
2.  Oath recorded and copy sent to registrar.
The secretary of the caucus shall record the administration of the oath and shall send a copy of the record to the registrar.
[PL 1985, c. 161, §6 (NEW).]
3.  Registrar to compare records.
On receipt of the copy of the record, the registrar shall compare it with the voting and enrollment records. If the oath is false, the person who swore to it is guilty of a Class E crime.
[PL 1985, c. 161, §6 (NEW).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW). PL 1993, c. 695, §21 (AMD). RR 2019, c. 2, Pt. B, §39 (COR).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 5: NOMINATIONS › Subchapter 1: BY POLITICAL PARTIES › Article 2: BIENNIAL MUNICIPAL CAUCUS › 21-A §315. Party members to govern political committees

§315. Party members to govern political committees
The members of a party within a municipality shall determine the method of election, the terms of office and the duties of their political committees.   [PL 1985, c. 161, §6 (NEW).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 5: NOMINATIONS › Subchapter 1: BY POLITICAL PARTIES › Article 3: CONVENTIONS › 21-A §321. Time and place; procedure

§321. Time and place; procedure
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
Each party shall hold a state convention between March 1st and August 1st biennially during each general election year.   [PL 2005, c. 387, §4 (AMD).]
1.  (TEXT EFFECTIVE UNTIL 1/01/24) 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 unless otherwise permitted by party rules.
[PL 2005, c. 387, §4 (AMD).]
1.  (TEXT EFFECTIVE 1/01/24) 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 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 rules.
[PL 2021, c. 750, §4 (AMD); PL 2021, c. 750, §14 (AFF).]
2.  Proceedings at convention.
The convention shall do the following:
A. Elect a secretary and a chair of the convention in that order;   [PL 2005, c. 387, §4 (AMD).]
B. Adopt a platform for the next general election;   [PL 1985, c. 161, §6 (NEW).]
C. Nominate the number of presidential electors to which the State is entitled;   [PL 1985, c. 161, §6 (NEW).]
D. Determine the size of the state, district and county committees and the method of their election;   [PL 2005, c. 387, §4 (AMD).]
E. Elect a district committee for each congressional district; and   [PL 1985, c. 161, §6 (NEW).]
F. Elect a county committee for each county from persons nominated at municipal caucuses held in the county, unless party rules 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.   [PL 2005, c. 387, §4 (AMD).]
[PL 2005, c. 387, §4 (AMD).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW). PL 2005, c. 387, §4 (AMD). PL 2021, c. 750, §4 (AMD). PL 2021, c. 750, §14 (AFF).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 5: NOMINATIONS › Subchapter 1: BY POLITICAL PARTIES › Article 3: CONVENTIONS › 21-A §322. Committee functions

§322. Committee functions
State, congressional district and county committees of qualified political parties are governed by the following provisions.   [PL 2005, c. 387, §5 (AMD).]
1.  Committees to organize and report.
The secretary of each committee shall notify the state committee of the name and residence of its chair and secretary within 10 days after their election. The state committee shall hold an organizational meeting within 30 days after the convention.
[PL 2005, c. 387, §5 (AMD).]
2.  State committee to report organization.
The chair and the secretary of the state committee shall certify to the Secretary of State the names of the party's candidates for presidential elector within 30 days after the convention. The chair or the secretary of the state committee shall provide upon request by the Secretary of State the name, residence and contact information of the chair and secretary of any committee and of any committee member.
[PL 2005, c. 568, §11 (AMD).]
3.  Term of office and duties of committees.
The committees and their officers shall hold office as prescribed in their bylaws and shall perform the duties imposed upon them by the convention and their bylaws.
[PL 1985, c. 161, §6 (NEW).]
4.  Certain officers of state committee.
The chair, vice-chair, treasurer and finance chair of the state committee may be chosen from outside the membership of the state committee.
[PL 2005, c. 387, §5 (AMD).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW). PL 1997, c. 436, §46 (AMD). PL 2005, c. 387, §5 (AMD). PL 2005, c. 568, §11 (AMD).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 5: NOMINATIONS › Subchapter 1: BY POLITICAL PARTIES › Article 4: NOMINATION BY PRIMARY ELECTION › 21-A §331. Primary required

§331. Primary required
1.  Nomination by primary election.
A party's nomination of a candidate must be made by primary election, 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 in 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.
[PL 2015, c. 447, §8 (AMD).]
2.  Exceptions.
This Article does not apply to:
A. Nominations for presidential electors;   [PL 1985, c. 161, §6 (NEW).]
B. Nominations to fill vacancies under subchapter III; and   [PL 1985, c. 161, §6 (NEW).]
C. Nominations by petition under subchapter II.   [PL 1985, c. 161, §6 (NEW).]
[PL 1985, c. 161, §6 (NEW).]
3.  Limitations to candidacy.
The following limitations apply to all candidates for nominations.
A. A person may not file, whether by primary election 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.   [PL 1997, c. 436, §47 (AMD).]
B. A person may file as a candidate for any federal, state or county office either by primary election or nomination petition but not by both, except for a candidate for membership in a county charter commission under section 351, subsection 3.   [PL 1985, c. 161, §6 (NEW).]
[PL 1997, c. 436, §47 (AMD).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW). PL 1997, c. 436, §47 (AMD). PL 2015, c. 447, §8 (AMD).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 5: NOMINATIONS › Subchapter 1: BY POLITICAL PARTIES › Article 4: NOMINATION BY PRIMARY ELECTION › 21-A §332. When nomination vacated

§332. When nomination vacated
When a person already nominated for any federal, state or county office accepts nomination to fill a vacancy, the first nomination is vacated by that acceptance.   [PL 1985, c. 161, §6 (NEW).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 5: NOMINATIONS › Subchapter 1: BY POLITICAL PARTIES › Article 4: NOMINATION BY PRIMARY ELECTION › 21-A §333. Qualification for county office

§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 petitions in the year the candidate seeks election. The elected official must maintain a voting residence in that electoral division during that elected official's term of office.   [RR 2019, c. 2, Pt. B, §40 (COR).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW). RR 2019, c. 2, Pt. B, §40 (COR).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 5: NOMINATIONS › Subchapter 1: BY POLITICAL PARTIES › Article 4: NOMINATION BY PRIMARY ELECTION › 21-A §334. Qualification of candidate for primary nomination

§334. Qualification of candidate for primary nomination
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.   [PL 2009, c. 253, §16 (AMD).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW). PL 1995, c. 459, §21 (AMD). PL 2009, c. 253, §16 (AMD).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 5: NOMINATIONS › Subchapter 1: BY POLITICAL PARTIES › Article 4: NOMINATION BY PRIMARY ELECTION › 21-A §336. Consent of candidate to be filed

§336. Consent of candidate to be filed
The written consent of each candidate must be filed either with that candidate's primary petition or at any earlier time during which signatures may be collected under section 335 or, if applicable, subchapter 8.   [PL 2023, c. 304, Pt. A, §5 (AMD).]
1.  Consent.
The consent must contain a statement signed by the candidate that the candidate will accept the nomination of the primary election. 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.
[PL 2011, c. 239, §1 (AMD).]
2.  Single filing sufficient.
A candidate need file only one consent. This consent is valid even though it may be part of a primary petition which is void.
[PL 1985, c. 161, §6 (NEW).]
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 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.
[PL 2023, c. 389, §2 (AMD).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW). PL 1987, c. 214, §1 (AMD). PL 1995, c. 459, §24 (AMD). PL 2011, c. 239, §1 (AMD). RR 2019, c. 2, Pt. B, §43 (COR). PL 2023, c. 304, Pt. A, §5 (AMD). PL 2023, c. 389, §2 (AMD).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 5: NOMINATIONS › Subchapter 1: BY POLITICAL PARTIES › Article 4: NOMINATION BY PRIMARY ELECTION › 21-A §337. Review and challenge of petitions

§337. Review and challenge of petitions
1.  Review.
When presented with a primary petition, the Secretary of State shall review it and, if the petition contains the required number of certified names and is properly completed, shall accept and file it.
[PL 1985, c. 161, §6 (NEW).]
2.  Challenges.
The procedure for challenging the validity of a primary petition or of names upon a petition is as follows.
A. Only a registered voter residing in the electoral division of the candidate concerned 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.   [PL 1989, c. 166, §2 (AMD).]
B. Within 7 days after the final 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 hearing on any challenge properly filed. The challenger has the burden of providing sufficient evidence to invalidate the petitions or any names upon the petitions.   [PL 1985, c. 161, §6 (NEW).]
C. The Secretary of State shall rule on the validity of any challenge within 5 days after the completion of the hearing described in paragraph B.   [PL 1985, c. 161, §6 (NEW).]
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 intervene 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.   [PL 2011, c. 342, §9 (AMD).]
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.   [PL 1985, c. 161, §6 (NEW).]
[PL 2011, c. 342, §9 (AMD).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW). PL 1989, c. 166, §2 (AMD). PL 2003, c. 447, §11 (AMD). PL 2011, c. 342, §9 (AMD).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 5: NOMINATIONS › Subchapter 1: BY POLITICAL PARTIES › Article 4: NOMINATION BY PRIMARY ELECTION › 21-A §338. Write-in candidates

§338. Write-in candidates
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.   [RR 2019, c. 2, Pt. B, §44 (COR).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW). RR 2019, c. 2, Pt. B, §44 (COR).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 5: NOMINATIONS › Subchapter 1: BY POLITICAL PARTIES › Article 4: NOMINATION BY PRIMARY ELECTION › 21-A §339. Time and nature of election

§339. Time and nature of election
The primary election shall 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 takes part in it. This includes 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 primary election. A primary election shall be conducted the same as the general election, as nearly as practicable, for each party.   [PL 1985, c. 161, §6 (NEW).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 5: NOMINATIONS › Subchapter 1: BY POLITICAL PARTIES › Article 4: NOMINATION BY PRIMARY ELECTION › 21-A §340. Notice of parties of qualified primary voters (WHOLE SECTION TEXT EFFECTIVE UNTIL 1/01/24)

§340. Notice of parties of qualified primary voters
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE UNTIL 1/01/24)
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 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.
[PL 1987, c. 423, §3 (NEW).]
2.  Notice to municipal clerks.
The Secretary of State shall inform all municipal clerks of the qualifications necessary for voters to participate in each party's primary. The clerks shall establish procedures to ensure that all qualified primary voters are offered ballots for each party in which primary election the voters are qualified to vote.
[PL 1987, c. 423, §3 (NEW).]
SECTION HISTORY
PL 1987, c. 423, §3 (NEW). PL 2021, c. 750, §5 (RP). PL 2021, c. 750, §14 (AFF).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 5: NOMINATIONS › Subchapter 1: BY POLITICAL PARTIES › Article 4: NOMINATION BY PRIMARY ELECTION › 21-A §340. Notice of parties of qualified primary voters (WHOLE SECTION TEXT REPEALED 1/01/24 by PL 2021, c. 750, §5; §14)

§340. Notice of parties of qualified primary voters
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT REPEALED 1/01/24 by PL 2021, c. 750, §5; §14)
SECTION HISTORY
PL 1987, c. 423, §3 (NEW). PL 2021, c. 750, §5 (RP). PL 2021, c. 750, §14 (AFF).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 5: NOMINATIONS › Subchapter 1: BY POLITICAL PARTIES › Article 4: NOMINATION BY PRIMARY ELECTION › 21-A §341. Unenrolled voter participation in primary elections allowed (WHOLE SECTION TEXT EFFECTIVE 1/01/24)

§341. Unenrolled voter participation in primary elections allowed
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE 1/01/24)
A registered voter not enrolled in a political party may participate, subject to the restrictions of section 145, subsection 3, in a party's primary election without enrolling in that political party. An unenrolled voter may vote in only one party's primary election. The Secretary of State shall establish procedures to ensure that each voter voting in a party's primary election is offered a ballot for that primary election.   [PL 2021, c. 750, §6 (NEW); PL 2021, c. 750, §14 (AFF).]
SECTION HISTORY
PL 2021, c. 750, §6 (NEW). PL 2021, c. 750, §14 (AFF).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 5: NOMINATIONS › Subchapter 2: BY PETITION › 21-A §351. Nomination authorized

§351. Nomination authorized
The 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.   [PL 1985, c. 161, §6 (NEW).]
1.  Limited to one office.
A person may not file, whether by primary election or nomination petition, as a candidate for more than one federal, state or county office at any election, except as provided in subsection 3.
[PL 1985, c. 161, §6 (NEW).]
2.  Limited to one method.
A person may file as a candidate for any federal, state or county office either by primary election or nomination petition, except as provided in subsection 3, but not by both methods.
[PL 1985, c. 161, §6 (NEW).]
3.  Exception.
A candidate for membership in a county charter commission must be nominated by petition, and may file as a candidate for one additional federal, state or county office at that same election. A candidate for presidential elector may also file as a candidate for one additional federal, state or county office at that same election.
[PL 1997, c. 436, §49 (AMD).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW). PL 1997, c. 436, §49 (AMD).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 5: NOMINATIONS › Subchapter 2: BY PETITION › 21-A §352. Qualification for presidential elector and county office

§352. Qualification for presidential elector and county office
A candidate for the office of presidential elector or 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 nomination petitions in the year the candidate seeks election. The elected official must maintain a voting residence in that electoral division during the elected official's term of office.   [RR 2019, c. 2, Pt. B, §45 (COR).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW). RR 2019, c. 2, Pt. B, §45 (COR).
2023 Maine Revised Statutes › TITLE 21-A: ELECTIONS › Chapter 5: NOMINATIONS › Subchapter 2: BY PETITION › 21-A §353. Qualification of candidate for nomination by petition

§353. Qualification of candidate for nomination by petition
A person who seeks nomination by petition qualifies by filing a nomination petition and consent as provided in sections 354 and 355. If enrolled, the person must also withdraw enrollment in a party on or before March 1st to be eligible to file a petition as a candidate in that election year, as provided in section 145. The registrar in the candidate's municipality of residence must certify to that fact on a form designed by the Secretary of State.   [PL 2009, c. 253, §19 (AMD).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW). PL 1995, c. 459, §25 (AMD). PL 1999, c. 426, §11 (AMD). PL 2009, c. 253, §19 (AMD).