USA Statutes : maine
Title : Title 21-A. ELECTIONS
Chapter : Chapter 05. NOMINATIONS
Title 21-A - §301. Qualified parties
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 1: BY POLITICAL PARTIES
Article 1: PARTY QUALIFICATION
§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 II in at least one municipality in each county 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;
[1999, c. 450, §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
[1999, c. 450, §1 (amd).]
C. Its candidate for Governor or for President polled at least 5% of the total vote cast in the State for Governor or President
in either of the 2 preceding general elections.
[1999, c. 450, §1 (amd).]
D.
[1999, c. 450, §1 (rp).]
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.
[1999, c. 450, §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.
[1985, c. 161, §6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1997,
Ch. 436,
§41
(AMD).
PL 1999,
Ch. 450,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §302. Formation of new party; organization about a candidate
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 1: BY POLITICAL PARTIES
Article 1: PARTY QUALIFICATION
§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.
[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;
[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;
[1999, c. 450, §3 (amd).]
C. The signed consent of that candidate; and
[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.
[1997, c. 436, §42 (amd).]
[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.
[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.
[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.
[1999, c. 450, §5 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1997,
Ch. 436,
§42,43
(AMD).
PL 1999,
Ch. 450,
§2-5
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §303. Formation of new party; organization by petition
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 1: BY POLITICAL PARTIES
Article 1: PARTY QUALIFICATION
§303. Formation of new party; organization by petition
In addition to the procedure under section 302, 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, 2 and 3.
[1999, c. 450, §6 (amd).]
1. Declaration of intent. Ten or more voters who are not enrolled in a party qualified under section 301 must file a declaration of intent to form
a party with the Secretary of State. 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; and
[1985, c. 161, §6 (new).]
B. The names, addresses, telephone numbers, if published, and signatures of the voters who file the declaration of intent.
[1997, c. 436, §44 (amd).]
[1997, c. 436, §44 (amd).]
2. Enrollment of voters. After filing the declaration of intent required 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.
[1985, c. 161, §6 (new).]
3. Petition. After the filing of the declaration described in subsection 1, the Secretary of State or the Secretary of State's designee
shall review the declaration and determine the form of the petitions to be submitted to the voters. The voter or voters proposing
to form the party shall print the petitions in the form approved by the Secretary of State and may then circulate the petitions.
These petitions must be signed, verified and certified in the same manner as primary petitions under section 335, subsections
3, 4 and 7, except that voters not enrolled in any party may also sign the petitions. Each page of the petition must have
a caption, in conspicuous type, that contains the designation of the proposed party followed by the words "Petition to participate
in the primary election." The petitions must be filed in the office of the Secretary of State before 5 p.m. on the 180th
day preceding a primary election and must contain the signatures and legal addresses of voters equal in number to at least
5% of the total vote cast in the State for Governor at the last preceding gubernatorial election. Petitions must be submitted
to the appropriate municipal registrar for certification by 5 p.m. on the 10th day before the petition must be filed in the
office of the Secretary of State or, if the 10th day is a Saturday, Sunday or legal holiday, by 5 p.m. on the next day that
is not a Saturday, Sunday or a legal holiday. The registrar must complete the certification of the petitions and must return
them to the circulators or their agents within 5 days of the date on which the petitions were submitted, Saturdays, Sundays
and legal holidays excepted.
[2001, c. 310, §16 (amd).]
4. Municipal caucuses. A party that has qualified under subsections 1, 2 and 3 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.
[1999, c. 790, Pt. A, §22 (rpr).]
5. Convention. A party that has qualified under subsections 1, 2 and 3 to participate in a primary election must in that same year conduct
the municipal caucuses under subsection 4 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.
[1999, c. 450, §9 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1991,
Ch. 466,
§13
(AMD).
PL 1991,
Ch. 862,
§3
(AMD).
PL 1995,
Ch. 459,
§20
(AMD).
PL 1997,
Ch. 436,
§44
(AMD).
PL 1997,
Ch. 581,
§1
(AMD).
PL 1999,
Ch. 426,
§10
(AMD).
PL 1999,
Ch. 450,
§6-9
(AMD).
PL 1999,
Ch. 790,
§A22
(AMD).
PL 2001,
Ch. 310,
§16
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §304. Disqualification of parties
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 1: BY POLITICAL PARTIES
Article 1: PARTY QUALIFICATION
§304. Disqualification of parties
A party that does not meet the requirements of section 301 is not qualified to participate in a subsequent election.
[1999, c. 450, §10 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1999,
Ch. 450,
§10
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §305. Secretary of State
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 1: BY POLITICAL PARTIES
Article 1: PARTY QUALIFICATION
§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.
[1985, c. 161, § 6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §306. Enrolled voters
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 1: BY POLITICAL PARTIES
Article 1: PARTY QUALIFICATION
§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.
[1985, c. 161, § 6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §307. Party designation
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 1: BY POLITICAL PARTIES
Article 1: PARTY QUALIFICATION
§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:
[1985, c. 161, §6 (new).]
1. Length. Exceed 3 words in length;
[1985, c. 161, §6 (new).]
2. Use state name. Incorporate the name or an abbreviation of the name of the State;
[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;
[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
[2003, c. 447, §9 (amd).]
5. Use obscene designation. Consist of or comprise language that is obscene or violates any other provision of the laws of this State with respect to
names.
[2003, c. 447, §10 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1999,
Ch. 450,
§11,12
(AMD).
PL 2003,
Ch. 447,
§8-10
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §311. Rules governing
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 1: BY POLITICAL PARTIES
Article 2: BIENNIAL MUNICIPAL CAUCUS
§311. Rules governing
A biennial municipal caucus may be held by any political party for the purpose of electing delegates to a state convention
and for any other business governed by the following provisions.
[2005, c. 387, §3 (amd).]
1. Call. The caucus may be called by the chair or a majority of the members of the municipal committee of a political party. If
the municipal committee fails to call a caucus, the county committee may call the caucus. At the request of that committee
municipal officers shall provide available space in a public building for a caucus. A municipality may hold its caucus outside
the municipality if several municipalities elect to meet on a consolidated basis or if the committee calling the caucus determines
that a facility outside the municipality is more suitable.
[2005, c. 387, §3 (amd).]
2. Time. A biennial municipal caucus of any party must be held during the general election year before March 20th.
[2005, c. 387, §3 (amd).]
3. Notice. The secretary of the committee shall have a notice of the caucus published in a newspaper having general circulation in
the municipality at least 3 and not more than 7 days before it is to be held, or shall post a notice in a conspicuous, public
place in each voting district in the municipality at least 7 days before the caucus. The notice must contain the name of
the party, the time and place of the caucus and the name of the person calling it.
A. If the notice is not published as required by this subsection, the caucus is void if challenged by any voter eligible to
participate in the caucus who was prejudiced by the failure to publish notice.
[2005, c. 387, §3 (amd).]
B. The secretary of the committee shall file a copy of the notice with the clerk who shall record it.
[2005, c. 387, §3 (amd).]
[2005, c. 387, §3 (amd).]
4. Procedure. The chair of the municipal committee shall open the caucus. In the chair's absence, the secretary or any resident voter
enrolled in the party may open the caucus. The caucus shall elect a secretary and a chair in that order. The chair of the
caucus shall then preside over the caucus and the secretary shall record the proceeding of the caucus. The caucus shall determine
its own parliamentary procedure.
[2005, c. 387, §3 (amd).]
5. If no municipal committee. If there is no municipal committee, any resident voter enrolled in the party may call a special caucus for the purpose of
electing the committee following the notice procedure of subsection 3.
[2005, c. 387, §3 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1997,
Ch. 436,
§45
(AMD).
PL 2001,
Ch. 310,
§17
(AMD).
PL 2005,
Ch. 387,
§3
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §312. Municipal caucus list
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 1: BY POLITICAL PARTIES
Article 2: BIENNIAL MUNICIPAL CAUCUS
§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 from the municipal registrar and receive at no charge
a certified copy of a list of voters registered in that municipality for use by the municipal committee once each biennial
election cycle beginning January 1st in an election year. Upon receipt of a request, the registrar has 5 business days to
prepare and provide the municipal caucus list to the requester. The municipal caucus list may include only the following
information for each voter: name, residence address, mailing address, enrollment status, electoral district, voter status
as active or inactive, voter record number and any special designation indicating whether the voter is a uniformed service
voter, overseas voter or township voter.
[2005, c. 453, §45 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1999,
Ch. 450,
§13
(RPR).
PL 2001,
Ch. 310,
§18
(AMD).
PL 2005,
Ch. 453,
§45
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §313. Voting procedure
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 1: BY POLITICAL PARTIES
Article 2: BIENNIAL MUNICIPAL CAUCUS
§313. Voting procedure
The following provisions apply to voting at a municipal caucus.
[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.
[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.
[1985, c. 161, §6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 2005,
Ch. 453,
§46
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §314. Challenges
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 1: BY POLITICAL PARTIES
Article 2: BIENNIAL MUNICIPAL CAUCUS
§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 he has taken the following oath administered by the chairman of the caucus.
[1985, c. 161, § 6 (new).]
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."
[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.
[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.
[1985, c. 161, § 6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1993,
Ch. 695,
§21
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §315. Party members to govern political committees
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 1: BY POLITICAL PARTIES
Article 2: BIENNIAL MUNICIPAL CAUCUS
§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.
[1985, c. 161, § 6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §321. Time and place; procedure
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 1: BY POLITICAL PARTIES
Article 3: CONVENTIONS
§321. Time and place; procedure
Each party shall hold a state convention between March 1st and August 1st biennially during each general election year.
[2005, c. 387, §4 (amd).]
1. 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.
[2005, c. 387, §4 (amd).]
2. Proceedings at convention. The convention shall do the following:
A. Elect a secretary and a chair of the convention in that order;
[2005, c. 387, §4 (amd).]
B. Adopt a platform for the next general election;
[1985, c. 161, §6 (new).]
C. Nominate the number of presidential electors to which the State is entitled;
[1985, c. 161, §6 (new).]
D. Determine the size of the state, district and county committees and the method of their election;
[2005, c. 387, §4 (amd).]
E. Elect a district committee for each congressional district; and
[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.
[2005, c. 387, §4 (amd).]
[2005, c. 387, §4 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 2005,
Ch. 387,
§4
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §322. Committee functions
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 1: BY POLITICAL PARTIES
Article 3: CONVENTIONS
§322. Committee functions
State, congressional district and county committees of qualified political parties are governed by the following provisions.
[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.
[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 platform adopted and the
names of the party's candidates for presidential elector within 30 days after the convention. The chair and the secretary
of the state committee shall certify to the Secretary of State the name and residence of the chair and secretary of each committee
and of each committee member within 20 days after their election.
[2005, c. 387, §5 (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.
[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.
[2005, c. 387, §5 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1997,
Ch. 436,
§46
(AMD).
PL 2005,
Ch. 387,
§5
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §331. Primary required
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 1: BY POLITICAL PARTIES
Article 4: NOMINATION BY PRIMARY ELECTION
§331. Primary required
1. Nomination by primary election. A party's nomination of a candidate for any federal, state or county office shall be made by primary election, as provided
in this Article.
[1985, c. 161, §6 (new).]
2. Exceptions. This Article does not apply to:
A. Nominations for presidential electors;
[1985, c. 161, §6 (new).]
B. Nominations to fill vacancies under subchapter III; and
[1985, c. 161, §6 (new).]
C. Nominations by petition under subchapter II.
[1985, c. 161, §6 (new).]
[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.
[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.
[1985, c. 161, §6 (new).]
[1997, c. 436, §47 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1997,
Ch. 436,
§47
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §332. When nomination vacated
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 1: BY POLITICAL PARTIES
Article 4: NOMINATION BY PRIMARY ELECTION
§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.
[1985, c. 161, § 6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §333. Qualification for county office
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 1: BY POLITICAL PARTIES
Article 4: NOMINATION BY PRIMARY ELECTION
§333. Qualification for county office
A candidate for any county office must be a resident of and a voter in the electoral division he seeks to represent on the
date established for filing primary petitions in the year he seeks election. He must maintain a voting residence in that
electoral division during his term of office.
[1985, c. 161, § 6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §334. Qualification of candidate for primary nomination
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 1: BY POLITICAL PARTIES
Article 4: NOMINATION BY PRIMARY ELECTION
§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 upon the petition.
[1995, c. 459, §21 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1995,
Ch. 459,
§21
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §335. Petition requirements
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 1: BY POLITICAL PARTIES
Article 4: NOMINATION BY PRIMARY ELECTION
§335. Petition requirements
A primary petition shall be on a form provided by the Secretary of State and is governed by the following provisions.
[1985, c. 161, §6 (new).]
1. Content. A primary petition must contain the name of only one candidate, his place of residence, his party, the office sought and
electoral division. A primary 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 or 2 county commissioners are to be nominated, the primary petition must contain the term
of office sought by the candidate.
[1985, c. 161, §6 (new).]
[1985, c. 161, §6 (new).]
2. By whom signed. A primary petition may be signed only by voters of the electoral division which is to make the nomination and who are enrolled
in the party named in the petition. Other signatures are void.
[1985, c. 161, §6 (new).]
3. How signed. The voter must personally sign his name in such a manner as to satisfy the registrar of his municipality that he is a registered
voter and enrolled in the party named on the petition. Either the voter or the circulator of the petition must print the
voter's name.
[1985, c. 161, §6 (new).]
4. Residence. The voter or the circulator of the petition must write or print the voter's residence address and municipality of registration.
Ditto marks are permitted for residence address and municipality of registration only.
[2005, c. 453, §47 (amd).]
5. Number of signatures required. Petitions must be signed by the following numbers of voters:
A. For candidate for Governor, at least 2,000 and not more than 3,000 voters;
[1985, c. 161, §6 (new).]
B. For a candidate for United States Senator, at least 2,000 and not more than 3,000 voters;
[1985, c. 161, §6 (new).]
B-1.
[1995, c. 154, §1 (rp).]
C. For a candidate for Representative to Congress, at least 1,000 and not more than 1,500 voters;
[1985, c. 161, §6 (new).]
D. For a candidate for county office other than county commissioner, at least 150 and not more than 200 voters;
[1991, c. 362, §1 (amd).]
E. For a candidate for county commissioner, at least 50 and not more than 75 voters;
[1991, c. 362, §1 (amd).]
F. For a candidate for State Senator, at least 100 and not more than 150 voters; and
[1985, c. 161, §6 (new).]
G. For a candidate for State Representative, at least 25 and not more than 40 voters.
[1985, c. 161, §6 (new).]
[1995, c. 154, §1 (amd).]
6. When signed. A petition may not be signed before January 1st of the election year in which it is to be used.
[1985, c. 161, §6 (new).]
7. Certification of petition. A primary petition shall be verified and certified as follows.
A. The circulator of a primary petition shall verify by oath or affirmation before a notary public or other person authorized
by law to administer oaths or affirmations that all of the signatures to the petition were made in the circulator's presence
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 in the presence and at the
direction of the voter; and each person is enrolled in the party named in the petition and is a resident of the electoral
division named in the petition.
[2005, c. 196, §4 (amd).]
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.
[2005, c. 453, §48 (amd).]
[2005, c. 196, §4 (amd); c. 453, §48 (amd).]
8. When filed. A primary 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.
[1995, c. 459, §23 (amd).]
9. Petition or names void. A primary petition which does not meet the requirements of this section is void. If a voter or a circulator fails to comply
with this section in signing or printing the voter's name and address, that voter's name may not be counted, but the petition
is otherwise valid.
[1985, c. 161, §6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1987,
Ch. 797,
§1
(AMD).
PL 1991,
Ch. 362,
§1
(AMD).
PL 1993,
Ch. 334,
§1
(AMD).
PL 1995,
Ch. 154,
§1
(AMD).
PL 1995,
Ch. 459,
§22,23
(AMD).
PL 1997,
Ch. 436,
§48
(AMD).
PL 2005,
Ch. 196,
§4
(AMD).
PL 2005,
Ch. 453,
§47,48
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §336. Consent of candidate to be filed
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 1: BY POLITICAL PARTIES
Article 4: NOMINATION BY PRIMARY ELECTION
§336. Consent of candidate to be filed
The written consent of each candidate must be filed with his primary petition.
[1985, c. 161, § 6 (new).]
1. Consent. The consent must contain a statement signed by the candidate that he will accept the nomination of the primary election.
The statement may be printed as a part of the primary petition.
[1985, c. 161, §6 (new).]
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.
[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.
[1995, c. 459, §24 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1987,
Ch. 214,
§1
(AMD).
PL 1995,
Ch. 459,
§24
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §337. Review and challenge of petitions
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 1: BY POLITICAL PARTIES
Article 4: NOMINATION BY PRIMARY ELECTION
§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.
[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.
[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.
[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.
[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 and must be tried,
without a jury, within 10 days of the date of that decision. 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.
[2003, c. 447, §11 (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.
[1985, c. 161, §6 (new).]
[2003, c. 447, §11 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1989,
Ch. 166,
§2
(AMD).
PL 2003,
Ch. 447,
§11
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §338. Write-in candidates
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 1: BY POLITICAL PARTIES
Article 4: NOMINATION BY PRIMARY ELECTION
§338. Write-in candidates
A person whose name will not appear on the printed primary ballot because he 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.
[1985, c. 161, § 6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §339. Time and nature of election
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 1: BY POLITICAL PARTIES
Article 4: NOMINATION BY PRIMARY 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.
[1985, c. 161, § 6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §340. Notice of parties of qualified primary voters
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 1: BY POLITICAL PARTIES
Article 4: NOMINATION BY PRIMARY ELECTION
§340. Notice of parties of qualified primary voters
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.
[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.
[1987, c. 423, §3 (new).]
Section History:
PL 1987,
Ch. 423,
§3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §351. Nomination authorized
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 2: BY PETITION
§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.
[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.
[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.
[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.
[1997, c. 436, §49 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1997,
Ch. 436,
§49
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §352. Qualification for presidential elector and county office
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 2: BY PETITION
§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 he seeks to represent on the date established for filing nomination petitions in the year he seeks election. He
must maintain a voting residence in that electoral division during his term of office.
[1985, c. 161, § 6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §353. Qualification of candidate for nomination by petition
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 2: 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, or clerk at the request or upon
the absence of the registrar, in the candidate's municipality of residence must certify to that fact on the petition.
[1999, c. 426, §11 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1995,
Ch. 459,
§25
(AMD).
PL 1999,
Ch. 426,
§11
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §354. Petition requirements
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 2: BY PETITION
§354. Petition requirements
A nomination petition shall be on a form provided by the Secretary of State and is governed by the following provisions.
[1985, c. 161, §6 (new).]
1. Content. A nomination petition must contain the name of only one candidate, the candidate's place of residence, the office sought
and electoral division. A nomination petition may contain as many separate papers as necessary and may contain the candidate's
consent required by section 355. It may also contain the candidate's political designation. This designation may not exceed
3 words in length, may not incorporate the candidate's name or the designation or an abbreviation of the designation of a
party that is qualified to nominate candidates by primary election and may not consist of or comprise language that is obscene
or violates any other provision of the laws of this State with respect to names. A candidate who intends to form a new party
about that person's candidacy must use the proposed party's designation.
A. When 2 United States Senators or 2 county commissioners are to be nominated, the nomination petition must contain the term
of office sought by the candidate.
[1985, c. 161, §6 (new).]
B. The names of presidential electors must be placed on the petition as a slate. The names of the candidates for President
and Vice President must be placed on a petition for the nomination of presidential electors.
[1985, c. 161, §6 (new).]
[2003, c. 447, §12 (amd).]
2. By whom signed. A nomination petition may be signed only by voters of the electoral division which is to make the nomination, except that
nomination petitions for presidential electors may be signed by any Maine voter. Other signatures are void.
[1985, c. 161, §6 (new).]
3. How signed. The voter must personally sign his name in such a manner as to satisfy the registrar of his municipality that he is a registered
voter. Either the voter or the circulator of the petition must print the voter's name.
[1985, c. 161, §6 (new).]
4. Residence. The voter or the circulator of the petition must write or print the voter's residence address and municipality of registration.
Ditto marks are permitted for residence address and municipality of registration only.
[2005, c. 453, §49 (amd).]
5. Number of signatures required. Nomination petitions must be signed by the following numbers of voters:
A. For a slate of candidates for the office of presidential elector, at least 4,000 and not more than 6,000 voters;
[1985, c. 161, §6 (new).]
B. For a candidate for Governor, at least 4,000 and not more than 6,000 voters;
[1985, c. 161, §6 (new).]
C. For a candidate for United States Senator, at least 4,000 and not more than 6,000 voters;
[1985, c. 161, §6 (new).]
D. For a candidate for United States Representative, at least 2,000 and not more than 3,000 voters;
[1985, c. 161, §6 (new).]
E. For a candidate for county office other than county commissioner or county charter commission member, at least 300 and not
more than 400 voters;
[1991, c. 362, §2 (amd).]
E-1. For a candidate for county commissioner, at least 100 and not more than 150 voters;
[1991, c. 362, §3 (new).]
F. For a candidate for State Senator, at least 200 and not more than 300 voters;
[1985, c. 161, §6 (new).]
G. For a candidate for State Representative, at least 50 and not more than 80 voters; and
[1985, c. 161, §6 (new).]
H. For a candidate for county charter commission member, at least 50 and not more than 80 voters.
[1985, c. 161, §6 (new).]
[1991, c. 362, §§2, 3 (amd).]
6. When signed. A nomination petition may not be signed before January 1st of the election year in which it is to be used.
[1985, c. 161, §6 (new).]
7. Certification of petitions. A nomination petition shall be verified and certified as follows.
A. The circulator of a nomination petition shall verify by oath or affirmation before a notary public or other person authorized
by law to administer oaths or affirmations that all of the signatures to the petition were made in the circulator's presence
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 in the presence and at the
direction of the voter; and each person is a resident of the electoral division named in the petition.
[2005, c. 196, §5 (amd).]
B. Petitions must be delivered to the registrar, or clerk at the request or upon the absence of the registrar, for certification
by 5 p.m. on May 25th in the election year in which the petitions are to be used, except that petitions for a slate of candidates
for the office of presidential elector must be delivered for certification by 5 p.m. on August 8th in the election year in
which the petitions are to be used.
[1999, c. 264, §1 (amd).]
C. 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 voters in that municipality and may
not certify any names that do not satisfy subsection 3.
[2005, c. 453, §50 (amd).]
[2005, c. 196, §5 (amd); c. 453, §50 (amd).]
8. Filed with the Secretary of State.
[1985, c. 383, §7 (rp).]
8-A. Filed with the Secretary of State. A nomination petition must be filed in the office of the Secretary of State by 5 p.m. on June 1st in the election year in
which it is to be used, except that petitions for a slate of candidates for the office of presidential elector must be filed
in the office of the Secretary of State by 5 p.m. on August 15th in the election year in which the petitions are to be used.
[1999, c. 264, §2 (amd).]
9. Petition void. A nomination petition which does not meet the requirements of this section is void. If a voter or circulator fails to comply
with this section in signing or printing the voter's name and address, that voter's name may not be counted, but the petition
is otherwise valid.
[1985, c. 161, §6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1985,
Ch. 383,
§7,8
(AMD).
PL 1985,
Ch. 614,
§14,15
(AMD).
PL 1991,
Ch. 362,
§2,3
(AMD).
PL 1995,
Ch. 459,
§26-28
(AMD).
PL 1997,
Ch. 436,
§50
(AMD).
PL 1999,
Ch. 264,
§1,2
(AMD).
PL 2003,
Ch. 447,
§12
(AMD).
PL 2005,
Ch. 196,
§5
(AMD).
PL 2005,
Ch. 453,
§49,50
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §355. Consent of candidate to be filed
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 2: BY PETITION
§355. Consent of candidate to be filed
The written consent of each candidate must be filed with his nomination petition.
[1985, c. 161, §6 (new).]
1. Consent. The consent must contain a statement signed by the candidate that he will accept the nomination. The statement may be printed
as a part of the nomination petition.
[1985, c. 161, §6 (new).]
2. Single filing sufficient. A candidate need file only one consent. The consent is valid even though it may be part of a nomination petition which
is void.
[1985, c. 161, §6 (new).]
3. Qualifications declared. The consent must contain a declaration of the candidate's place of residence and the fact that the candidate has not been
enrolled in a party qualified to participate in a primary or general election after March 1st of that election year and that
the candidate meets the qualifications of the office the candidate seeks. 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 356, any part of the declaration is found to be false by the Secretary
of State, the consent and the nomination petition are void.
A. Candidates for the office of county charter commission need not verify by oath or affirmation that they are not enrolled
in a party.
[1989, c. 166, §3 (amd).]
[1999, c. 645, §2 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1987,
Ch. 214,
§2
(AMD).
PL 1989,
Ch. 166,
§3
(AMD).
PL 1995,
Ch. 459,
§29
(AMD).
PL 1997,
Ch. 436,
§51
(AMD).
PL 1999,
Ch. 426,
§12
(AMD).
PL 1999,
Ch. 645,
§2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §356. Review and challenge of petitions
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 2: BY PETITION
§356. Review and challenge of petitions
1. Review. When presented with a nomination 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.
[1985, c. 161, § 6 (new).]
2. Challenges. The procedure for challenging the validity of a nomination 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 by 5 p.m. on the 5th business day after the final date for filing petitions under section 354, subsection 8-A.
[1989, c. 166, §4 (amd); c. 502, Pt. D, §17 (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 evidence to invalidate the petitions or any names upon the petitions.
[1985, c. 161, §6 (new).]
C. The Secretary of State shall rule on a challenge within 5 days after the completion of the hearing described in paragraph
B.
[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 shall be conducted in accordance with the Maine Rules of Civil Procedure, Rule 80B, 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 and shall be tried,
without a jury, within 10 days of the date of that decision. Upon timely application, anyone may intervene in this action
when the applicant claims an interest relating to the subject matter of the petition, unless the applicant's interest is adequately
represented by existing parties. The court shall issue its 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.
[1985, c. 161, §6 (new).]
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.
[1985, c. 161, §6 (new).]
F. Only a voter of the county establishing a charter commission may challenge the nomination petition for county charter commission
member. 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 55th day following the order of the county officers under Title
30-A, section 1321, subsection 1, or the receipt of a certificate of sufficiency under Title 30-A, section 1321, subsection
4.
[1987, c. 737, Pt. C, §§63, 106 (amd); 1989, c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8, 10 (amd).]
[1987, c. 737, Pt. C, §§63, 106 (amd); 1989, c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8, 10 (amd); c. 166, §4 (amd); c.
502, Pt. D, §17 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1987,
Ch. 737,
§C63,C106
(AMD).
PL 1989,
Ch. 6,
§
(AMD).
PL 1989,
Ch. 9,
§2
(AMD).
PL 1989,
Ch. 104,
§C8,C10
(AMD).
PL 1989,
Ch. 166,
§4
(AMD).
PL 1989,
Ch. 502,
§D17
(AMD).
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §357. Candidates certified by the Secretary of State
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 2: BY PETITION
§357. Candidates certified by the Secretary of State
The Secretary of State shall immediately certify by mail the nomination of each person nominated by petition.
[1985, c. 161, § 6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
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Title 21-A - §361. Vacancy defined
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 3: VACANCIES
Article 1: GENERAL PROVISIONS
§361. Vacancy defined
A vacancy in any federal, state or county office, in the office of an election official, or in any political committee occurs
when the incumbent dies, resigns, becomes disqualified or changes his residence to an electoral division other than that from
which he was elected or when the person elected fails to qualify.
[1985, c. 161, § 6 (new).]
1. Filled for unexpired term. A vacancy in any office shall be filled for an unexpired term, except where it is specifically provided to the contrary.
[1985, c. 161, § 6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
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Title 21-A - §362-A. Secretary of State declares vacancy
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 3: VACANCIES
Article 1: GENERAL PROVISIONS
§362-A. Secretary of State declares vacancy
When required by this subchapter, the Secretary of State shall declare a vacancy under section 361 and notify the appropriate
political committee of the deadline for filling the vacancy.
[2001, c. 310, §20 (new).]
Section History:
PL 2001,
Ch. 310,
§20
(NEW).
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advice, please consult
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Title 21-A - §362. Governor's proclamation for political committee meetings (REPEALED)
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 3: VACANCIES
Article 1: GENERAL PROVISIONS
§362. Governor's proclamation for political committee meetings (REPEALED)
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1997,
Ch. 436,
§52
(AMD).
PL 2001,
Ch. 310,
§19
(RP ).
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Title 21-A - §363. Political committee; choosing candidates and nominees
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 3: VACANCIES
Article 1: GENERAL PROVISIONS
§363. Political committee; choosing candidates and nominees
The meeting of a political committee as required by sections 371, 373, 374-A, 381, 382 and 393 is governed by the following
provisions.
[1993, c. 447, §3 (amd).]
1. Time and place of meeting. The committee shall meet at the time and place chosen by the committee.
[1997, c. 436, §53 (amd).]
2. Duties of committee. The committee shall choose a qualified person to fill the vacancy. The secretary of the committee shall immediately deliver
a certificate to the Secretary of State containing the name of the person chosen, his residence, his political party, title
of the office sought, and the method by which he was chosen. The certificate must be signed by the chairman of the committee
and attested to by the secretary.
A. In an electoral division consisting of more than one municipality, the municipal committee of each municipality shall meet
jointly, elect a secretary and a chairman for the meeting and then fill the vacancy.
[1985, c. 161, §6 (new).]
[1985, c. 161, §6 (new).]
3. Acceptance filed. A person chosen under this section must file a written acceptance containing a statement that the person meets the qualifications
of the office sought and declaring the person's residence and party enrollment with the Secretary of State.
[1995, c. 459, §30 (amd).]
4. Changes in ballot. The Secretary of State shall make the necessary changes in the ballot.
[1985, c. 161, §6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1993,
Ch. 447,
§3
(AMD).
PL 1995,
Ch. 459,
§30
(AMD).
PL 1997,
Ch. 436,
§53
(AMD).
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
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Augusta, Maine 04333-0007
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Title 21-A - §364. Candidacy by nomination petition
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 3: VACANCIES
Article 1: GENERAL PROVISIONS
§364. Candidacy by nomination petition
The nomination of a candidate, other than by party, to fill a vacancy must be made by nomination petition. The nomination
process is in the same manner as provided by subchapter II, except that all petitions must be filed by 5 p.m. on the deadline
for filling the vacancy set by the Secretary of State pursuant to section 362-A.
[2001, c. 310, §21 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1997,
Ch. 436,
§54
(AMD).
PL 2001,
Ch. 310,
§21
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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Title 21-A - §365. Jurisdiction
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 3: VACANCIES
Article 1: GENERAL PROVISIONS
§365. Jurisdiction
The political committee that has jurisdiction over the choice of a candidate for nomination or a nominee to fill a vacancy
under sections 371, 373, 374-A, 381 and 382 is as follows.
[2003, c. 510, Pt. A, §13 (amd).]
1. Municipal committee. Choices for Representative to the Legislature must be made by a municipal committee when a representative district consists
of one municipality, by a joint meeting of municipal committees when a representative district consists of 2 or more municipalities
or by members of a municipal committee or committees residing within a representative district when the representative district
includes a part of a municipality or parts of different municipalities.
[1985, c. 161, §6 (new).]
2. County committee. A county committee makes choices for all county offices and committee members residing within senatorial districts make
choices for State Senator.
[1985, c. 161, §6 (new).]
3. District committee. A district committee makes choices for Representative to Congress.
[1985, c. 161, §6 (new).]
4. State committee. A state committee makes choices for Governor, United States Senator and presidential elector.
[1985, c. 161, §6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 2003,
Ch. 510,
§A13
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
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Augusta, Maine 04333-0007
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Title 21-A - §366. Special elections
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 3: VACANCIES
Article 1: GENERAL PROVISIONS
§366. Special elections
The proclamation of a special election must specify the time and place it must be held as well as any necessary filing, posting,
publishing and reporting dates. A special election must be publicized and conducted like its regular counterpart, as nearly
as practicable.
[1985, c. 161, §6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
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interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
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Title 21-A - §367. Candidate withdrawal
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 3: VACANCIES
Article 1: GENERAL PROVISIONS
§367. Candidate withdrawal
A candidate who wishes to withdraw from an elective race shall notify the Secretary of State in writing of the candidate's
intent to withdraw. This notice must be signed by the candidate. If the reason for the withdrawal is catastrophic illness,
the procedures set forth in section 374-A, subsection 1, paragraph B must be complied with if the candidate is to be replaced.
[1995, c. 459, §31 (amd).]
Section History:
PL 1991,
Ch. 466,
§14
(NEW).
PL 1995,
Ch. 459,
§31
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
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Title 21-A - §371. Candidates for nomination
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 3: VACANCIES
Article 2: CANDIDATES AND NOMINEES
§371. Candidates for nomination
If a candidate for nomination dies, withdraws at least 60 days before the primary or becomes disqualified after having filed
the candidate's primary petition, so that a party has fewer candidates than there are offices to be filled, the vacancy may
be filled by a political committee pursuant to section 363. The Secretary of State shall declare the vacancy pursuant to
section 362-A.
[2001, c. 310, §22 (amd).]
1. Primary petition if time.
[1999, c. 426, §14 (rp).]
2. Chosen by committee if not time.
[1999, c. 426, §14 (rp).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1999,
Ch. 426,
§13,14
(AMD).
PL 2001,
Ch. 310,
§22
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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Title 21-A - §372. Nominees; 60 days or more before election
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 3: VACANCIES
Article 2: CANDIDATES AND NOMINEES
§372. Nominees; 60 days or more before election
If a person nominated for United States Senator, Representative to Congress or Governor at a primary election dies, withdraws
or becomes disqualified at least 60 days before the general election, the Governor shall issue a proclamation declaring the
vacancy and ordering a special primary election under section 366.
[1985, c. 161, § 6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
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Augusta, Maine 04333-0007
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Title 21-A - §373. Nominees; less than 60 days before election
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 3: VACANCIES
Article 2: CANDIDATES AND NOMINEES
§373. Nominees; less than 60 days before election
If a person nominated for United States Senator, Representative to Congress or Governor at a primary election or by a political
committee dies, withdraws or becomes disqualified less than 60 days before the general election, the Secretary of State shall
declare the vacancy under section 362-A.
[2001, c. 310, §23 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 2001,
Ch. 310,
§23
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
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Augusta, Maine 04333-0007
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Title 21-A - §374-A. Withdrawal of candidates for certain state offices
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 3: VACANCIES
Article 2: CANDIDATES AND NOMINEES
§374-A. Withdrawal of candidates for certain state offices
1. Withdrawal and replacement of nominees. The Secretary of State shall declare the vacancy as provided in section 362-A and a political committee may make a replacement
nomination following a candidate's withdrawal only if a person nominated for an office, other than United States Senator,
Representative to Congress or Governor, at a primary election or by a political committee:
A. Withdraws on or before 5 p.m. of the 2nd Monday in July preceding the general election;
[1993, c. 447, §4 (amd).]
B. Withdraws because of a catastrophic illness that has permanently and continuously incapacitated the candidate and would
prevent performance of the duties of the office sought, provided the candidate or a member of the candidate's immediate family
files with the Secretary of State a certificate accompanying the withdrawal request, which describes the illness and is signed
by at least 2 licensed physicians; or
[1989, c. 341, §2 (new).]
C. Dies prior to the general election.
[1989, c. 341, §2 (new).]
[2001, c. 310, §24 (amd).]
2. Deadline for replacement of nominee. A political committee may make a replacement nomination:
A. No later than 5 p.m. of the 4th Monday in July preceding the general election for a candidate who has withdrawn in accordance
with subsection 1, paragraph A; or
[1993, c. 447, §5 (amd).]
B. As soon as practicable for a candidate who withdraws or is withdrawn in accordance with subsection 1, paragraph B or C.
[1989, c. 341, §2 (new).]
[1993, c. 447, §5 (amd).]
Section History:
PL 1989,
Ch. 341,
§2
(NEW).
PL 1993,
Ch. 447,
§4,5
(AMD).
PL 2001,
Ch. 310,
§24
(AMD).
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interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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Title 21-A - §374. Certain nominees at any time (REPEALED)
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 3: VACANCIES
Article 2: CANDIDATES AND NOMINEES
§374. Certain nominees at any time (REPEALED)
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1989,
Ch. 341,
§1
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
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Augusta, Maine 04333-0007
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Title 21-A - §375. Presidential and vice-presidential candidates chosen by petition
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 3: VACANCIES
Article 2: CANDIDATES AND NOMINEES
§375. Presidential and vice-presidential candidates chosen by petition
1. Candidate for President; death; withdrawal; disqualification. If a candidate for President who has been nominated by petition under section 354, subsection 1, paragraph B, dies, withdraws
or becomes disqualified, the nomination of the presidential, vice-presidential and presidential electoral candidates is terminated.
[1985, c. 161, §6 (new).]
2. Candidate for Vice President; death; withdrawal; disqualification. If a candidate for Vice President who has been nominated by petition under section 354, subsection 1, paragraph B, dies,
withdraws at least 60 days before the election or becomes disqualified, the vacancy may be filled by a new vice-presidential
candidate, if the following conditions are met:
A. Written resignation is filed with the Secretary of State by the previous vice-presidential candidate, if the mental and
physical condition of the candidate allows;
[1985, c. 161, §6 (new).]
B. Written consent is filed with the Secretary of State by the new vice-presidential candidate;
[1985, c. 161, §6 (new).]
C. Written acceptance of the new vice-presidential candidate is filed with the Secretary of State by the presidential candidate;
and
[1985, c. 161, §6 (new).]
D. Written acceptance of the new vice-presidential candidate is filed with the Secretary of State by each of the presidential
electors.
[1985, c. 161, §6 (new).]
[1999, c. 426, §15 (amd).]
3. Candidate for presidential elector; death; withdrawal; disqualification. If a presidential elector, who has been nominated by petition under section 354, subsection 1, paragraph B, dies, withdraws
or becomes disqualified, the vacancy may be filled by a new presidential elector, if the following conditions are met:
A. Written resignation is filed with the Secretary of State by the previous presidential elector, if the mental and physical
condition of the elector allows;
[1985, c. 161, §6 (new).]
B. Written consent is filed with the Secretary of State by the new presidential elector; and
[1985, c. 161, §6 (new).]
C. Written acceptance of the new presidential elector is filed with the Secretary of State by the presidential candidate.
[1985, c. 161, §6 (new).]
This subsection does not apply to a vacancy as described in section 804.
[1985, c. 161, §6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1999,
Ch. 426,
§15
(AMD).
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interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007
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Title 21-A - §376. Production of new ballots
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 3: VACANCIES
Article 2: CANDIDATES AND NOMINEES
§376. Production of new ballots
1. Federal or gubernatorial office. If a candidate or nominee for a federal or gubernatorial office withdraws less than 60 days before any election, the Secretary
of State is not required to produce new ballots.
[1997, c. 436, §55 (amd).]
2. Certain state offices. The Secretary of State is required to produce new ballots only if a candidate for an office, other than United States Senator,
Representative to Congress or Governor, withdraws in accordance with section 374-A, subsection 1, paragraph A, B or C, a replacement
candidate is nominated and a notification is filed with the Secretary of State by the appropriate committee of the political
party making the nomination no later than 60 days before the election.
[1997, c. 436, §55 (amd).]
3. List of candidates. Immediately after the last day for withdrawal, the Secretary of State shall list all names to be placed on the ballot for
the general election.
[1989, c. 341, §3 (rpr).]
4. Last day for withdrawal.
[1989, c. 341, §3 (rp).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1989,
Ch. 341,
§3
(RPR).
PL 1991,
Ch. 466,
§15
(AMD).
PL 1997,
Ch. 436,
§55
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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Title 21-A - §381. State Senators
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 3: VACANCIES
Article 3: LOCAL AND STATE OFFICIALS
§381. State Senators
When there is a vacancy in the office of State Senator, the Governor shall issue a proclamation declaring the vacancy and
ordering a special election under section 366.
[1985, c. 161, §6 (new).]
1. Nominees chosen. The Governor shall order the appropriate political committees to meet and shall set the deadline for choosing nominees.
The political committees shall follow the procedure outlined in section 363.
[1997, c. 436, §56 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1997,
Ch. 436,
§56
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
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Title 21-A - §382. Representative to Legislature
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 3: VACANCIES
Article 3: LOCAL AND STATE OFFICIALS
§382. Representative to Legislature
When there is a vacancy in the office of Representative to the Legislature, the municipal officers of any municipality affected
by the vacancy may inform the Governor if there is a need to fill the vacancy before the next general election, and the Governor
shall issue a proclamation declaring the vacancy and ordering a special election under section 366.
[1985, c. 161, §6 (new).]
1. Nominees chosen. The Governor shall order the appropriate political committees to meet and shall set the deadline for choosing nominees.
The committees shall follow the procedure outlined in section 363.
[1997, c. 436, §57 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1997,
Ch. 436,
§57
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
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Title 21-A - §383. Political committees
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 3: VACANCIES
Article 3: LOCAL AND STATE OFFICIALS
§383. Political committees
A political committee shall fill a vacancy in its membership.
[1985, c. 161, § 6 (new).]
1. Secretary of State notified. The secretary of a state, district or county committee shall inform the Secretary of State of the name and residence of
each person chosen to fill a vacancy.
[1985, c. 161, §6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
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Title 21-A - §384. Election officials
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 3: VACANCIES
Article 3: LOCAL AND STATE OFFICIALS
§384. Election officials
The municipal officers may appoint a qualified person to fill a vacancy in the office of any election official.
[1993, c. 447, §6 (amd).]
1. Limitation.
[1999, c. 426, §16 (rp).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1993,
Ch. 447,
§6
(AMD).
PL 1999,
Ch. 426,
§16
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
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Title 21-A - §391. United States Senators
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 3: VACANCIES
Article 4: FEDERAL OFFICIALS
§391. United States Senators
A vacancy in the office of United States Senator is governed by the following provisions.
[1985, c. 161, § 6 (new).]
1. Interim appointment. Within a reasonable time after the vacancy occurs, the Governor shall appoint a qualified person to fill the vacancy until
his successor is elected and qualified.
[1985, c. 161, § 6 (new).]
2. Vacancy 60 days before primary. If the vacancy occurs 60 days or more before a regular primary election, nominees must be chosen at the primary and a successor
elected for the remainder of the term at the general election.
[1985, c. 161, § 6 (new).]
3. Vacancy less than 60 days before primary. If the vacancy occurs less than 60 days before a regular primary election, nominees must be chosen at the next regular primary
following the one in question, and a successor elected for the remainder of the term at the general election.
[1985, c. 161, § 6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §392. Representatives to Congress
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 3: VACANCIES
Article 4: FEDERAL OFFICIALS
§392. Representatives to Congress
When there is a vacancy in the office of Representative to Congress, the Governor shall issue a proclamation declaring the
vacancy and ordering a special primary election followed by a special election to fill the vacancy as provided in section
366.
[1985, c. 161, § 6 (new).]
1. Congress in session. If Congress is in session, the elections must be held as soon as reasonably possible. If Congress is not in session, the
elections must be held before the next regular or called session.
[1985, c. 161, § 6 (new).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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Title 21-A - §393. Presidential electors
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 3: VACANCIES
Article 4: FEDERAL OFFICIALS
§393. Presidential electors
Except as provided in section 804, when there is a vacancy in the office of presidential elector, the Secretary of State shall
declare the vacancy under section 362-A and notify the appropriate state committee of the deadline for choosing a qualified
person to fill the vacancy. The procedure outlined in section 363 must be followed.
[2001, c. 310, §25 (amd).]
Section History:
PL 1985,
Ch. 161,
§6
(NEW).
PL 1997,
Ch. 436,
§58
(AMD).
PL 2001,
Ch. 310,
§25
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §401. Determination and date of primary (REPEALED)
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 4: PRESIDENTIAL PRIMARY ELECTIONS (HEADING: PL 1987, c. 797, @2 (new))
§401. Determination and date of primary (REPEALED)
Section History:
MRSA ,
§T.21A SEC.408
(RP ).
PL 1987,
Ch. 797,
§2
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §402. Party certification (REPEALED)
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 4: PRESIDENTIAL PRIMARY ELECTIONS (HEADING: PL 1987, c. 797, @2 (new))
§402. Party certification (REPEALED)
Section History:
MRSA ,
§T.21A SEC.408
(RP ).
PL 1987,
Ch. 797,
§2
(NEW).
PL 1991,
Ch. 466,
§16
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §403. Petitions (REPEALED)
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 4: PRESIDENTIAL PRIMARY ELECTIONS (HEADING: PL 1987, c. 797, @2 (new))
§403. Petitions (REPEALED)
Section History:
MRSA ,
§T.21A SEC.408
(RP ).
PL 1987,
Ch. 797,
§2
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §404. Ballot preparation (REPEALED)
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 4: PRESIDENTIAL PRIMARY ELECTIONS (HEADING: PL 1987, c. 797, @2 (new))
§404. Ballot preparation (REPEALED)
Section History:
MRSA ,
§T.21A SEC.408
(RP ).
PL 1987,
Ch. 797,
§2
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §405. Candidate eligibility (REPEALED)
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 4: PRESIDENTIAL PRIMARY ELECTIONS (HEADING: PL 1987, c. 797, @2 (new))
§405. Candidate eligibility (REPEALED)
Section History:
MRSA ,
§T.21A SEC.408
(RP ).
PL 1987,
Ch. 797,
§2
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §406. Selection of delegates (REPEALED)
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 4: PRESIDENTIAL PRIMARY ELECTIONS (HEADING: PL 1987, c. 797, @2 (new))
§406. Selection of delegates (REPEALED)
Section History:
MRSA ,
§T.21A SEC.408
(RP ).
PL 1987,
Ch. 797,
§2
(NEW).
PL 1993,
Ch. 447,
§7
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §407. Cost (REPEALED)
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 4: PRESIDENTIAL PRIMARY ELECTIONS (HEADING: PL 1987, c. 797, @2 (new))
§407. Cost (REPEALED)
Section History:
MRSA ,
§T.21A SEC.408
(RP ).
PL 1987,
Ch. 797,
§2
(NEW).
PL 1991,
Ch. 466,
§17
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §408. Repeal (REPEALED)
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 4: PRESIDENTIAL PRIMARY ELECTIONS (HEADING: PL 1987, c. 797, @2 (new))
§408. Repeal (REPEALED)
Section History:
MRSA ,
§T.21A SEC.408
(RP ).
PL 1993,
Ch. 334,
§2
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §411-A. Party certification (REPEALED)
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 5: PRESIDENTIAL PREFERENCE PRIMARY ELECTIONS (HEADING: PL 1993, c. 334, @3 (new); 2003, c. 470, @1 (rp))
§411-A. Party certification (REPEALED)
Section History:
PL 1995,
Ch. 154,
§5
(NEW).
PL 1997,
Ch. 436,
§61,62
(AMD).
PL 2001,
Ch. 516,
§3
(AMD).
PL 2003,
Ch. 470,
§1
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §411. Determination and date of primary (REPEALED)
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 5: PRESIDENTIAL PREFERENCE PRIMARY ELECTIONS (HEADING: PL 1993, c. 334, @3 (new); 2003, c. 470, @1 (rp))
§411. Determination and date of primary (REPEALED)
Section History:
PL 1993,
Ch. 334,
§3
(NEW).
PL 1995,
Ch. 154,
§2-4
(AMD).
PL 1997,
Ch. 436,
§59,60
(AMD).
PL 2001,
Ch. 516,
§2
(AMD).
PL 2003,
Ch. 470,
§1
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §412. Petitions or filing fees (REPEALED)
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 5: PRESIDENTIAL PREFERENCE PRIMARY ELECTIONS (HEADING: PL 1993, c. 334, @3 (new); 2003, c. 470, @1 (rp))
§412. Petitions or filing fees (REPEALED)
Section History:
PL 1993,
Ch. 334,
§3
(NEW).
PL 1995,
Ch. 154,
§6
(AMD).
PL 1997,
Ch. 436,
§63
(AMD).
PL 2003,
Ch. 470,
§1
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §413. Ballot preparation (REPEALED)
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 5: PRESIDENTIAL PREFERENCE PRIMARY ELECTIONS (HEADING: PL 1993, c. 334, @3 (new); 2003, c. 470, @1 (rp))
§413. Ballot preparation (REPEALED)
Section History:
PL 1993,
Ch. 334,
§3
(NEW).
PL 2001,
Ch. 310,
§26
(AMD).
PL 2003,
Ch. 470,
§1
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §414. Candidate eligibility (REPEALED)
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 5: PRESIDENTIAL PREFERENCE PRIMARY ELECTIONS (HEADING: PL 1993, c. 334, @3 (new); 2003, c. 470, @1 (rp))
§414. Candidate eligibility (REPEALED)
Section History:
PL 1993,
Ch. 334,
§3
(NEW).
PL 1993,
Ch. 695,
§22
(AMD).
PL 1993,
Ch. 695,
§23,37
(AFF).
PL 1995,
Ch. 154,
§7
(AMD).
PL 2003,
Ch. 470,
§1
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §415. Selection of delegates (REPEALED)
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 5: PRESIDENTIAL PREFERENCE PRIMARY ELECTIONS (HEADING: PL 1993, c. 334, @3 (new); 2003, c. 470, @1 (rp))
§415. Selection of delegates (REPEALED)
Section History:
PL 1993,
Ch. 334,
§3
(NEW).
PL 1995,
Ch. 154,
§8
(RPR).
PL 1997,
Ch. 436,
§64
(AMD).
PL 2001,
Ch. 516,
§4
(AMD).
PL 2003,
Ch. 470,
§1
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §416. Effective date (REPEALED)
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 5: PRESIDENTIAL PREFERENCE PRIMARY ELECTIONS (HEADING: PL 1993, c. 334, @3 (new); 2003, c. 470, @1 (rp))
§416. Effective date (REPEALED)
Section History:
PL 1993,
Ch. 334,
§3
(NEW).
PL 2003,
Ch. 470,
§1
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 21-A - §421. Limitations on candidates for Congress: the United States House of Representatives and the United States Senate (REPEALED)
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 6: CANDIDATES FOR THE UNITED STATES CONGRESS: THE UNITED STATES HOUSE OF REPRESENTATIVES AND THE UNITED STATES SENATE (HEADING:
IB 1993, c. 2, @1 (new); PL 2001, c. 516, @5 (rp))
§421. Limitations on candidates for Congress: the United States House of Representatives and the United States Senate (REPEALED)
Section History:
IB 1993,
Ch. 2,
§1
(NEW).
IB 1993,
Ch. 2,
§2
(AFF).
PL 2001,
Ch. 516,
§5
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
