130th MAINE LEGISLATURE
FIRST REGULAR SESSION-2021
Legislative Document No. 1121
S.P. 384 In Senate, March 22, 2021
An Act To Create an Open and Streamlined Primary System
Received by the Secretary of the Senate on March 18, 2021. Referred to the Committee on
Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BALDACCI of Penobscot.
Printed on recycled paper
 1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 21-A MRSA §1, sub-§27-C, as amended by PL 2019, c. 320, §1 and c. 539,
3 §§1 and 2, is repealed and the following enacted in its place:
4 27-C. Elections determined by ranked-choice voting. "Elections determined by
5 ranked-choice voting" means any of the following elections in which 3 or more candidates
6 have qualified to be listed on the ballot for a particular office or at least 2 such candidates
7 plus one or more declared write‑in candidates have qualified for that particular office:
8 A. Open primary elections for the offices of United States Senator, United States
9 Representative to Congress, Governor, State Senator and State Representative;
10 B. General elections for presidential electors; and
11 C. Primary elections for the office of President of the United States.
12 Sec. 2. 21-A MRSA §1, sub-§27-D is enacted to read:
13 27-D. Elections subject to an open primary. "Elections subject to an open primary"
14 means the elections for the offices of United States Senator, United States Representative
15 to Congress, Governor, State Senator and State Representative.
16 Sec. 3. 21-A MRSA §1, sub-§27-E is enacted to read:
17 27-E. Open primary election. "Open primary election" means, in elections subject
18 to an open primary, the regular election for the election of 2 candidates, regardless of
19 enrollment status, who will appear on the ballot for the general election.
20 Sec. 4. 21-A MRSA §1, sub-§32, as amended by PL 1987, c. 423, §1, is further
21 amended to read:
22 32. Primary election. "Primary election" means the regular election for the election
23 of nominees of a party for the general election or, for an election subject to an open primary,
24 the open primary election.
25 Sec. 5. 21-A MRSA §1, sub-§35-A, as enacted by IB 2015, c. 3, §2, is amended
26 to read:
27 35-A. Ranked-choice voting. "Ranked-choice voting" means the method of casting
28 and tabulating votes in which voters rank candidates in order of preference, tabulation
29 proceeds in sequential rounds in which last-place candidates are defeated and, in a primary
30 election for the office of President of the United States and a general election for
31 presidential electors, the candidate with the most votes in the final round is elected or, in
32 an election subject to an open primary, in which the 2 candidates with the most votes in the
33 final round are nominated to appear on the ballot for the general election.
34 Sec. 6. 21-A MRSA §144, sub-§2, as amended by PL 2005, c. 453, §27, is further
35 amended to read:
36 2. Party designation removed. On receipt of the application, the registrar shall
37 remove the party designation of the applicant from the central voter registration system.
38 The registrar shall indicate in the central voter registration system that the applicant is
39 ineligible to vote at a caucus or primary election, other than an open primary election, for
40 15 days by designating the party enrollment field with the letter "X." Fifteen days after
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1 receiving the application, the registrar shall enroll the applicant in the party requested and
42
2 enter the new party designation in the party enrollment field.
3 This subsection does not apply in the case of a voter who changes enrollment under
4 subsection 4.
5 Sec. 7. 21-A MRSA §144, sub-§3, as repealed and replaced by PL 2013, c. 457,
6 §2, is amended to read:
7 3. Restrictions during change of enrollment. Except as provided in subsection 4, a
8 voter may not vote at a caucus, convention or primary election, other than an open primary
9 election, for 15 days after filing an application to change enrollment. A voter may sign a
10 primary nomination petition during the 15-day period after filing an application to change
11 enrollment, and the voter's signature must be counted as valid, as long as the 15-day period
12 has elapsed by the time the petition is certified pursuant to section 335, subsection 7 and
13 the voter otherwise is qualified to sign a petition for that office. Notwithstanding
14 subsection 4, a voter must file an application to change enrollment prior to January 1st to
15 be eligible to file a petition as a candidate in that election year.
16 Sec. 8. 21-A MRSA §321, sub-§1, as amended by PL 2005, c. 387, §4, is further
17 amended to read:
18 1. Time, place and representation. The party's state committee shall determine the
19 time, place and basis of representation for the convention. Delegates must be qualified to
20 vote in the party's primary election enrolled in the party unless otherwise permitted by party
21 rules.
22 Sec. 9. 21-A MRSA §334, as amended by PL 2009, c. 253, §16, is further amended
23 to read:
24 §334. Qualification of candidate for primary nomination
25 A Except as provided in section 451 for an open primary election, a candidate for
26 nomination by primary election must file a primary petition and consent under sections 335
27 and 336. The candidate must be enrolled, on or before March 15th, in the party named in
28 the petition and must be eligible to file a petition as a candidate for nomination by primary
29 election under section 144, subsection 3. The registrar in the candidate's municipality of
30 residence must certify to that fact on a form designed by the Secretary of State.
31 Sec. 10. 21-A MRSA §336, sub-§1, as amended by PL 2011, c. 239, §1, is further
32 amended to read:
33 1. Consent. The consent must contain a statement signed by the candidate that the
34 candidate will accept the nomination of the primary election except that the consent signed
35 by a candidate in an open primary election must contain a statement that the candidate
36 agrees to have the candidate's name placed on the general election ballot if the candidate is
37 declared the winner of the open primary election pursuant to section 723, subsection 1-A.
38 The Secretary of State shall provide a form on which the consent of the candidate is made
39 that must include a list of the statutory and constitutional requirements of the office sought
40 by the candidate. The statement may be printed as a part of the primary petition.
41 Sec. 11. 21-A MRSA §338, as corrected by RR 2019, c. 2, Pt. B, §44, is amended
42 to read:
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 1 §338. Write-in candidates
2 A Except as provided in section 452 for an open primary election, a person whose name
3 will not appear on the printed primary ballot because that person did not file a petition and
4 consent under sections 335 and 336, but who fulfills the other qualifications under section
5 334, may be nominated at the primary election as a write-in candidate in accordance with
6 section 723, subsection 1.
7 Sec. 12. 21-A MRSA §339, as enacted by PL 1985, c. 161, §6, is amended to read:
8 §339. Time and nature of election
9 The primary election shall must be held on the 2nd Tuesday of June of each general
10 election year and, other than an open primary election, is considered to be a separate
11 election for each party which that takes part in it. This includes the duties of public officials
12 in announcing the election, providing forms and ballots, keeping records and any other
13 matter necessary to effect the purpose of a primary election. A primary election shall must
14 be conducted in the same manner as the general election, as nearly as practicable, for each
15 party.
16 Sec. 13. 21-A MRSA §340, sub-§1, as enacted by PL 1987, c. 423, §3, is amended
17 to read:
18 1. Notice to Secretary of State. No later than February 1st of the election year, each
19 political party eligible to participate in a primary election other than an open primary
20 election shall notify the Secretary of State of the enrollment qualifications, subject to the
21 restrictions in section 144, for voters eligible to vote in that party's primary. If no notice is
22 received by that date, only voters enrolled in a political party may vote in that party's
23 primary.
24 Sec. 14. 21-A MRSA §351, first ¶, as enacted by PL 1985, c. 161, §6, is amended
25 to read:
26 The Except as provided in subchapter 9, nomination of a candidate, other than by a
27 party, for any federal, state or county office must be made by petition, as provided in this
28 subchapter.
29 Sec. 15. 21-A MRSA §351, sub-§4 is enacted to read:
30 4. Elections subject to an open primary. A person who satisfies the requirements of
31 section 353 may file a nomination petition pursuant to this subchapter as a candidate for
32 the open primary election in an election subject to an open primary. A person may not file
33 a nomination petition pursuant to this subchapter as a candidate for the general election in
34 an election subject to an open primary.
35 Sec. 16. 21-A MRSA §354, sub-§1, as amended by PL 2019, c. 371, §11, is further
36 amended to read:
37 1. Content. A nomination petition must contain the name of only one candidate, the
38 candidate's place of residence, the office sought and electoral division. A nomination
39 petition may contain as many separate papers as necessary and may contain the candidate's
40 consent required by section 355. It may also contain the candidate's political designation.
41 This designation may not exceed 3 words in length, may not incorporate the candidate's
42 name or the designation or an abbreviation of the designation of a party that is qualified to
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1 nominate candidates by participate in a primary election and may not consist of or comprise
44
2 language that is obscene, contemptuous, profane or prejudicial, promotes abusive or
45
3 unlawful activity or violates any other provision of the laws of this State with respect to
46
4 names. A candidate who intends to form a new party about that person's candidacy must
47
5 use the proposed party's designation.
6 A. When 2 United States Senators are to be nominated, the nomination petition must
7 contain the term of office sought by the candidate.
8 B. The names of presidential electors must be placed on the petition as a slate. The
9 names of the candidates for President and Vice President must be placed on a petition
10 for the nomination of presidential electors.
11 Sec. 17. 21-A MRSA §354, sub-§7, ¶B, as amended by PL 2013, c. 131, §12, is
12 further amended to read:
13 B. Petitions Except for petitions for nomination in an open primary election, petitions
14 must be delivered to the registrar, or clerk at the request or upon the absence of the
15 registrar, for certification by 5 p.m. on May 25th in the election year in which the
16 petitions are to be used, except that petitions for a slate of candidates for the office of
17 presidential elector must be delivered for certification by 5 p.m. on July 25th in the
18 election year in which the petitions are to be used.
19 Sec. 18. 21-A MRSA §354, sub-§8-A, as amended by PL 2013, c. 131, §13, is
20 further amended to read:
21 8-A. Filed with the Secretary of State. A nomination petition must be filed in the
22 office of the Secretary of State by 5 p.m. on June 1st in the election year in which it is to
23 be used, except that a nomination petition for a candidate for an open primary election must
24 be filed in the office of the Secretary of State by 5 p.m. on March 15th of the election year
25 in which it is to be used and petitions for a slate of candidates for the office of presidential
26 elector must be filed in the office of the Secretary of State by 5 p.m. on August 1st in the
27 election year in which the petitions are to be used.
28 Sec. 19. 21-A MRSA §355, sub-§1, as amended by PL 2011, c. 534, §12, is further
29 amended to read:
30 1. Consent. The consent must contain a statement signed by the candidate that the
31 candidate will accept the nomination of the general election except that the consent signed
32 by a candidate in an open primary election must contain a statement that the candidate
33 agrees to have the candidate's name placed on the general election ballot if the candidate is
34 declared the winner of the open primary election pursuant to section 723, subsection 1-A.
35 The Secretary of State shall provide a form on which the consent of the candidate is made
36 that must include a list of the statutory and constitutional requirements of the office sought
37 by the candidate. The statement may be printed as a part of the nomination petition.
38 Sec. 20. 21-A MRSA §361, first ¶, as corrected by RR 2019, c. 2, Pt. B, §48, is
39 amended to read:
40 A vacancy in any federal, state or county office, in the office of an election official or
41 in any political committee occurs when the incumbent dies, resigns, becomes disqualified
42 or changes the incumbent's residence to an electoral division other than that from which
43 the incumbent was elected or when the person elected fails to qualify. A vacancy in the
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1 offices of United States Senator, United States Representative to Congress, Governor, State
45
2 Senator and State Representative also occurs at the beginning of the term of office for a
46
3 candidate who was elected at a general election for that office but who died or became
47
4 disqualified on or before the date of that general election.
5 Sec. 21. 21-A MRSA §367, as amended by PL 2019, c. 636, §5, is further amended
6 to read:
7 §367. Candidate withdrawal
8 A Except as provided in section 374-A, subsection 4, a candidate who wishes to
9 withdraw from an elective race shall notify the Secretary of State in writing of the
10 candidate's intent to withdraw. This notice must be signed by the candidate.
11 Sec. 22. 21-A MRSA §371, as repealed and replaced by PL 2019, c. 636, §6, is
12 amended to read:
13 §371. Primary election candidates; vacancy
14 3. Vacancy and replacement of candidates in uncontested races party primaries.
15 If For a primary election other than an open primary election, if a candidate for nomination
16 dies or becomes disqualified prior to the primary election or withdraws 70 days or more
17 before the primary election, the Secretary of State shall declare the vacancy pursuant to
18 section 362‑A if no other candidate from the same political party will appear on the primary
19 election ballot for that office. A political committee may fill the vacancy pursuant to
20 section 363. The Secretary of State shall remove the former candidate's name from the
21 primary election ballot and shall produce new primary election ballots or amend or
22 supplement the primary election ballots already printed in accordance with section 376 or
23 604.
24 4. Removal of candidate's name from ballot in contested races party primaries.
25 The For a primary election other than an open primary election, the Secretary of State shall
26 remove the name of a candidate for nomination from the primary election ballot but is not
27 required to declare a vacancy if, 70 days or more before the primary election, the candidate
28 dies, becomes disqualified or withdraws and another candidate from the same political
29 party will appear on the ballot for that office.
30 5. Death or disqualification of candidates less than 70 days before primary
31 election in contested races party primaries. The For a primary election other than an
32 open primary election, the Secretary of State is not required to remove the name of a
33 candidate from the primary election ballot or declare a vacancy if a candidate dies or
34 becomes disqualified less than 70 days before the primary election and another candidate
35 from the same political party will appear on the ballot for that office. Upon receipt of
36 information that the candidate has died or become disqualified, the Secretary of State shall
37 immediately prepare and distribute to the local election officials in the candidate's electoral
38 district a notice informing voters that the candidate has died or become disqualified and
39 that a vote for that candidate will not be counted. The notice must be distributed with all
40 absentee ballots requested after the notice is received by the local election officials and, on
41 election day, must be posted outside the guardrail enclosure in accordance with section
42 651, subsection 2 and in each voting booth. Notice that the candidate has died or become
43 disqualified must also be posted on the Secretary of State's publicly accessible website.
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 1 6. Withdrawal of candidates less than 70 days before primary election in
2 contested and uncontested races party primaries. When For a primary election other
3 than an open primary election, when a candidate for nomination withdraws less than 70
4 days before the primary election, the candidate's name may not be removed from the
5 primary election ballot and a vacancy may not be declared. Upon rece