Printed on recycled paper 132nd MAINE LEGISLATURE FIRST SPECIAL SESSION-2025 Legislative Document No. 1666S.P. 660 In Senate, April 17, 2025 An Act to Include in the Ranked-choice Election Method for General and Special Elections the Offices of Governor, State Senator and State Representative and to Make Other Related Changes Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. DAREK M. GRANT Secretary of the Senate Presented by Senator RENY of Lincoln. Cosponsored by Representative SUPICA of Bangor and Senators: President DAUGHTRY of Cumberland, GROHOSKI of Hancock, HICKMAN of Kennebec, PIERCE of Cumberland, TIPPING of Penobscot, Representative: MOONEN of Portland. Page 1 - 132LR1668(01) 1 2 is enacted to read: 3 B-1. General and special elections for the offices of Governor, State Senator and State 4 Representative; 5 as enacted by IB 2015, c. 3, §2, is amended 6 to read: 7 8 votes and tabulating votes ballots in which voters rank candidates in order of preference, 9 tabulation proceeds in sequential rounds in which the last-place candidates are defeated 10 candidate is eliminated and the continuing candidate with the highest continuing ranking 11 on the most votes ballots in the final round of tabulation is determined to have received a 12 plurality of the votes cast and is elected. 13 is enacted to read: 14 15 votes and tabulating ballots in which voters may indicate only one candidate preference 16 and tabulation proceeds by combining the totals of preferences indicated for each 17 candidate, and the candidate that receives the most votes is determined to have received a 18 plurality of the votes cast and is elected. 19 as amended by PL 2019, c. 320, §4, is 20 further amended to read: 21 A. The voting instruction poster must include information on how to mark the ballot, 22 including how to mark a write-in vote or ranking; how to replace the ballot if the voter 23 makes a mistake; and how to receive assistance in marking the ballot. It may include 24 other voting information. The Secretary of State may design separate instruction 25 posters to instruct the voters on how to mark a ballot for elections to be determined by 26 voting and those to be determined by plurality single-choice voting. 27 as amended by PL 2019, c. 320, §7, is further 28 amended to read: 29 As soon as the results of the election have been declared, the election return must be 30 prepared. The warden at each ward or precinct shall fill out the election return form 31 provided by the Secretary of State, showing the number of votes cast for each candidate or 32 question and recording the total number of state ballots cast in that ward or precinct. For 33 elections determined by voting, the warden shall report on the election return 34 only the first choice votes cast number of ballots on which each candidate has the 35 first-choice ranking. The warden and one other election official shall sign the return and 36 immediately deliver it to the municipal clerk. The form provided by the Secretary of State 37 must include the names of all candidates, including declared write-in candidates as 38 determined by section 722‑A 39 as amended by PL 2019, c. 320, §8, is further 40 amended to read: 41 42 votes cast for nomination to any office, as long as there is at least one vote cast for that Page 2 - 132LR1668(01) 43 office, is nominated for that office, except for write-in candidates under paragraph A and 44 elections determined by voting under . For an election determined by ranked- 45 choice voting, the person who receives a plurality of the votes cast is determined according 46 to section 723‑A. 5 A. A write-in candidate who complies with section 6 qualifications under section 334 may be nominated at the primary election if that person 7 receives a number of valid write-in votes equal to at least twice the minimum number 8 of signatures required under section 335, subsection 5 on a primary petition for a 9 candidate for that office. 10 B. The Secretary of State shall immediately certify by mail the nomination of each 11 person nominated by the primary election. 12 as amended by PL 2017, c. 316, §7, is further 13 amended to read: 14 15 voting, the person who receives a plurality of the votes cast for election to any office, as 16 long as there is at least one vote cast for that office, is elected to that office, except that a 17 write-in candidate must also comply with section . For an election determined by 18 ranked-choice voting, the person who receives a plurality of the votes cast is determined 19 according to section 723-A. 20 as amended by PL 2023, c. 628, §1, is 21 further amended to read: 22 C. "Continuing candidate" means a candidate who has not been removed from 23 consideration eliminated. 24 as amended by PL 2019, c. 320, §9, is 25 further amended to read: 26 F. "Last-place candidate" means the candidate with the highest continuing ranking on 27 the fewest votes ballots in a round of the ranked-choice voting count. 28 as enacted by IB 2015, c. 3, §5, is 29 amended to read: 30 I. "Ranking" means the number assigned on a ballot by a voter to a candidate to express 31 the voter's preference for that candidate relative to the other candidates on the ballot. 32 The ranking on a voter's ballot is an instruction from the voter on the relative order in 33 which a voter intends the ballot to count. Ranking number one is the highest ranking, 34 ranking number 2 is the next-highest ranking and so on. 35 as amended by PL 2019, c. 320, §11, 36 is further amended to read: 37 J. "Round" means an instance of the sequence of vote ballot counting steps established 38 in subsection 2 and in rules adopted by the Secretary of State. 39 as amended by PL 2023, c. 628, §2, is 40 further amended to read: 1 2 3 4 Page 3 - 132LR1668(01) 1 2 are used to determine the winner of an election determined by ranked-choice voting. The 3 voting ballot count must proceed in rounds. In each round, the number of 4 votes for each continuing candidate must be counted. Each continuing ballot counts as one 5 vote for its highest-ranked continuing candidate for that round. Exhausted ballots are not 6 counted for any continuing candidate. The round then ends with one of the following 2 7 potential outcomes. 8 A. If there are 2 or fewer continuing candidates, the ranked-choice voting count is 9 complete and each ballot counts as one vote for its highest-ranked continuing candidate 10 and the candidate with the most receiving a plurality of the votes cast is declared the 11 winner of the election elected. 12 B. If there are more than 2 continuing candidates, the last-place candidate is removed 13 from consideration eliminated and a new round begins. 14 as amended by PL 2017, c. 316, §9, is 15 further amended to read: 16 17 in the State pertaining to the rights of political parties, the number of votes cast for a party's 18 candidate for an office determined by ranked-choice voting is the number of votes credited 19 to ballots upon which that candidate after the initial counting is the highest-ranked 20 continuing candidate in the first round of counting described in subsection 2. 21 22 This bill provides for ranked-choice voting for general and special elections for the 23 offices of Governor, State Senator and State Representative and clarifies the definition of 24 "ranked-choice voting" by changing the use of the terms "vote" and "ballot," and provides 25 that the winner of an election in which ranked-choice voting is conducted is the winner by 26 a plurality of the votes. 22 23 24 25 26