7.__Include with absentee ballot.__A clerk shall provide a sample ballot with each absentee ballot.

Sec. 6. 21-A MRSA §625, as amended by PL 1997, c. 436, §87, is further amended by adding at the end a new paragraph to read:

The clerk shall post a sample ballot in or near a voting booth on election day.

Sec. 7. 21-A MRSA §722, sub-§1, as repealed and replaced by PL 1999, c. 426, §23, is amended to read:

1. How tabulated. The Secretary of State shall tabulate all votes that appear by an election return to have been cast for a candidate whose name appeared on the ballot. For offices subject to the instant runoff voting method, the Secretary of State must tabulate the votes according to the instant runoff voting method in section 726. All write-in candidates, as defined in section 1, subsection 51, receiving less than 5% of the votes cast for that office must be titled "others" when the tabulation is processed.

Sec. 8. 21-A MRSA §723, sub-§2, as amended by PL 1999, c. 426, §26, is further amended to read:

2. Other elections. In any other election, the person who receives a plurality of the votes cast for election to any office is elected to that office, except that write-in candidates must also comply with section 722-A.:

A.__Write-in candidates must also comply with section 722-A; and

B.__For offices subject to the instant runoff voting method, the person who is determined to be the winner under the instant runoff voting method in section 726 is elected to that office.

Sec. 9. 21-A MRSA §726 is enacted to read:

§726.__Instant runoff voting method

1. Procedures.__The following procedures are used to determine the winner in an election for an office subject to the instant runoff voting method.

A.__The first choice marked on each ballot must be counted initially by the election officials.__The ballot count is the same as the count that would occur if voters participated in a series of runoff elections, with the weakest candidate eliminated after each round of counting.

B.__In every round of counting, each ballot is counted as one vote for that ballot's highest ranked advancing candidate.__"Advancing candidate" means a candidate for an office who has not been eliminated.__If more than 2 candidates have received votes after the initial round of counting, the Secretary of State shall conduct an instant runoff round.__In this instant runoff round, the Secretary of State shall eliminate the candidate with the fewest votes.__A ballot that ranks this eliminated candidate as the highest-ranked candidate must be counted as a vote for the highest-ranked advancing candidate on that ballot.__This process of counting votes and eliminating the candidate with the fewest votes must continue until 2 candidates remain.__ The candidate with the most votes then must be declared the winner.

C.__If a ballot has no more available choices ranked on it, that ballot must be declared exhausted.__A ballot that skips one number must be counted for that voter's next clearly indicated choice, but a ballot that skips more than one number must be declared exhausted when this skipping of numbers is reached.__A ballot with the same number for 2 or more candidates must be declared exhausted when these double numbers are reached.

D.__For ties between candidates occurring at any stage in the tabulation, determinations must be made based on whomever was credited with the most votes at the previous stage of tabulation.__In the case of any tie to which a previous stage does not apply, the tie must be resolved in accordance with the general election laws of the State.

2.__Change of voting method.__The legislative body of a municipality or election authorities may provide for the use of mechanical, electronic or other devices for marking, sorting and counting the ballots and tabulating the results and may modify the form of the ballots, the directions to voters and the details with respect to the method of marking, sorting, counting, invalidating and retaining ballots and the tabulating and recounting of votes, as long as no change is made that alters the intent or principles embodied in this section.

3.__Modification of instant runoff voting method ballot and count.__Modification of an instant runoff voting method ballot and count is permitted in accordance with the following.

A.__If the Secretary of State determines that the number of candidates for a particular office exceeds the practical space requirements for ranking all candidates on the ballot, the number of allowable rankings may be limited to no fewer than 5 candidates.

B.__More than one candidate may be eliminated simultaneously if the number of total votes credited for those candidates is fewer than the number of total votes credited for the candidate with the next greatest number of votes.

4.__Effect on rights of political parties.__For all statutory and constitutional provisions in this State pertaining to the rights of political parties, the number of votes cast for a party's candidate for a particular office is the number of votes credited to that candidate after the initial round of counting.

Sec. 10. 21-A MRSA §805, sub-§2, as enacted by PL 1985, c. 161, §6, is amended to read:

2. Presidential electors. The presidential electors at large shall cast their ballots for the presidential and vice- presidential candidates who received the largest number of votes in were declared the winners pursuant to section 726 for the State. The presidential electors of each congressional district shall cast their ballots for the presidential and vice- presidential candidates who received the largest number of votes were declared the winners pursuant to section 726 in each respective congressional district.

SUMMARY

This bill creates the instant runoff voting method of determining winners in elections for President, Vice-President, United States Senator, United States Representative to Congress, Governor, state Senator and state Representative. The method simulates the ballot counts that would occur if all voters participated in a series of runoff elections and allows a voter to rank candidates according to that voter's preferences. Each voter has only one vote for each office, and the ballot count is the same as would occur if voters participated in a series of runoff elections, with the weakest candidate eliminated after each round of counting.

There is an initial round of counting. If more than 2 candidates have received votes after the initial round, the Secretary of State conducts an instant runoff round. In this instant runoff round, the Secretary of State eliminates the candidate with the fewest votes. A ballot that ranks this eliminated candidate as the highest-ranked candidate is counted as a vote for the highest-ranked advancing candidate on that ballot. An advancing candidate is a candidate who has not been eliminated. This process of counting votes and eliminating the candidate with the fewest votes continues until 2 candidates remain. The candidate with the most votes is declared the winner.

For the presidential and vice-presidential elections, the instant runoff voting method is conducted to determine winners for the entire State as well as in each congressional district.