| SP0656 LD 1904 |
Session - 129th Maine Legislature C "A", Filing Number S-408, Sponsored by
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LR 3090 Item 2 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by inserting after section 2 the following:
‘Sec. 3. 21-A MRSA §363, sub-§4, as enacted by PL 1985, c. 161, §6, is amended to read:
Amend the bill by inserting after section 3 the following:
‘Sec. 4. 21-A MRSA §367, as amended by PL 2015, c. 447, §10, is further amended to read:
§ 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, condition or injury, the procedures set forth in section 374-A, subsection 1, paragraph B must be complied with if the candidate is to be replaced.
Sec. 5. 21-A MRSA §371, as amended by PL 2015, c. 447, §11, is repealed and the following enacted in its place:
§ 371. Primary election candidates; vacancy
Amend the bill by striking out all of sections 6 and 7 and inserting the following:
‘Sec. 6. 21-A MRSA §374-A, as amended by PL 2015, c. 447, §§12 and 13, is further amended to read:
§ 374-A. Withdrawal of candidates for certain state offices General election candidates; vacancy
Sec. 7. 21-A MRSA §374-B is enacted to read:
§ 374-B. Special election candidates
If a candidate for an office on a special election ballot dies or withdraws for any reason, the candidate’s name will not be removed from the ballot. The Secretary of State shall immediately prepare and distribute to the local election officials in the candidate’s electoral district a notice informing voters that the candidate has died or has withdrawn and that a vote for that candidate will not be counted. The notice must be distributed with all absentee ballots requested after the notice is received by the local election officials and, on election day, must be posted outside the guardrail enclosure in accordance with section 651, subsection 2 and in each voting booth. Notice that the candidate has died or has withdrawn must also be posted on the Secretary of State's publicly accessible website.
Sec. 8. 21-A MRSA §376, as amended by PL 2015, c. 447, §15, is further amended to read:
§ 376. Production of new ballots
Sec. 9. 21-A MRSA §604, as amended by PL 1997, c. 436, §78, is further amended to read:
§ 604. Emergency ballot procedure
In an emergency as described in subsection 2, the Secretary of State may prepare new ballots, amend those direct that ballots already printed be amended or supplemented in accordance with subsection 1 or 1-A or authorize any clerk to procure ballots from another municipality or voting district. He may authorize any clerk to do the same.
Sec. 10. 21-A MRSA §651, sub-§2, ¶B, as amended by PL 2017, c. 246, §1, is further amended by enacting sub-¶(3-A) to read:
(1) At least one voting instruction poster prepared under section 605-A;
(2) One set of sample ballots for each ballot style being used in that voting place;
(3) A list of any declared write-in candidates for that voting district, with the office sought, next to the sample ballots;
(3-A) A supplemental notice correcting an error or providing information on a replacement candidate prepared under section 604 or a notice informing voters that a vote for a candidate will not be counted because the candidate has died or has withdrawn prepared under section 371, subsection 5 or 6 or section 374-A, subsection 3 next to the sample ballots;
(4) One voting rights poster or notice prepared under section 605-A;
(5) One election penalty poster or notice prepared under section 605-A;
(6) One Treasurer's Statement prepared under Title 5, section 152;
(7) One copy, or more as determined necessary by the clerk, of the citizen's guide to the referendum election prepared under section 605-A. The clerk shall post, in a conspicuous and public area, a notification indicating that the citizen's guide provides helpful information regarding referendum questions on the ballot and where the guide is located in the voting place for voters to read; and
(8) One copy of the Office of Fiscal and Program Review's estimate of the fiscal impact prepared under Title 1, section 353.
Amend the bill by inserting after section 11 the following:
‘Sec. 12. 30-A MRSA §2528, sub-§6, ¶D, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is repealed and the following enacted in its place:
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment, which is the majority report of the committee, strikes the provision of the bill that lowers the age of qualification to be an election official from 17 years of age to 16 years of age.
The amendment retains all other provisions of the bill, including the provisions of the bill that change the candidate withdrawal provisions for United States Senator, Representative to Congress and Governor to match those of other offices, but further clarifies the laws governing the candidate withdrawal process for all federal, state and county offices, other than for United States President, as follows.
1. For all elections, as in current practice, the name of a candidate who withdraws 70 days or more before any election for any reason will be removed from the ballot.
2. For general elections, as in current practice, a candidate who is a member of a political party and who withdraws before the 2nd Monday in July preceding the general election may be replaced by the appropriate political committee no later than 5 p.m. of the 4th Monday in July preceding the general election. The replacement candidate must be listed on the general election ballot.
3. For general elections, as in current practice, a candidate who is a member of a political party and who dies or withdraws due to incapacity may be replaced by the appropriate political committee as soon as practicable. Also as in current practice, if the Secretary of State receives notification of the replacement candidate no later than 60 days before the general election, new ballots listing the replacement candidate must be printed. If the Secretary of State receives notification of the replacement candidate less than 60 days before the general election, however, the amendment newly clarifies that the Secretary of State is not required to print new ballots but may amend ballots already printed or issue a notice to supplement ballots already printed informing voters of the replacement candidate and instructing voters how they may vote for the replacement candidate.
4. For general elections, as in current practice, the name of a candidate who withdraws for a reason other than incapacity less than 70 days before the general election will not be removed from the ballot and voters casting ballots after the withdrawal will be notified that the candidate has withdrawn and that a vote for that candidate will not be counted.
5. For uncontested primary elections, as in current practice, if a candidate dies or becomes disqualified before the primary election or withdraws for another reason 70 days or more before the primary election, the appropriate political committee may select a replacement candidate. Also as in current practice, if the Secretary of State receives notification of the replacement candidate 60 days or more before the primary election, new ballots listing the replacement candidate must be printed. If the Secretary of State receives notification of the replacement candidate less than 60 days before the primary election, however, the amendment newly clarifies that the Secretary of State is not required to print new ballots but may amend ballots already printed or issue a notice to supplement ballots already printed informing voters of the replacement candidate and instructing voters how they may vote for the replacement candidate.
6. For contested primary elections, as in current practice, if a candidate dies or becomes disqualified 70 days or more before the primary election, the candidate's name will be removed from the ballot but a replacement candidate may not be named. If a candidate dies or becomes disqualified less than 70 days before a contested primary election, the amendment newly clarifies that although the candidate's name will not be removed from the ballot, voters casting ballots after the death or disqualification will be notified that the candidate is no longer running for office and that votes for the candidate will not be counted.
7. For both contested and uncontested primary elections, as in current practice, the name of a candidate who withdraws less than 70 days before the primary election will not be removed from the ballot and voters casting ballots after the withdrawal will be notified that the candidate has withdrawn and that a vote for that candidate will not be counted.
8. For special elections to fill a vacancy in an office, as in current practice, if a candidate dies or withdraws from the election for any reason, the candidate's name will not be removed from the ballot and voters casting ballots after the death or withdrawal will be notified that the candidate has died or has withdrawn and that a vote for that candidate will not be counted.
The amendment also makes a technical change to the law governing municipal elections by removing language requiring ballots to be printed so that voters mark their choices in squares printed to the left of each candidate's name and substituting language authorizing ballots to be printed in any way that allows the voter to designate the voter's choice.