Printed on recycled paper 132nd MAINE LEGISLATURE FIRST REGULAR SESSION-2025 Legislative Document No. 668H.P. 436House of Representatives, February 25, 2025 An Act to Abolish Ranked-choice Voting Received by the Clerk of the House on February 20, 2025. Referred to the Committee on Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. ROBERT B. HUNT Clerk Presented by Representative UNDERWOOD of Presque Isle. Cosponsored by Senator LIBBY of Cumberland and Representatives: ADAMS of Lebanon, BAGSHAW of Windham, CAMPBELL of Orrington, COLLINS of Sidney, HAGGAN of Hampden, QUINT of Hodgdon, SOBOLESKI of Phillips, THORNE of Carmel. Page 1 - 132LR1123(01) 1 2 as repealed and replaced by PL 2021, c. 273, 3 §1, is repealed. 4 as enacted by IB 2015, c. 3, §2, is repealed. 5 as amended by PL 2019, c. 320, §2, is further 6 amended to read: 7 8 uniform as possible throughout the State, except that contests must be 9 grouped together and may be presented on the same page of the ballot as contests other 10 than ranked-choice contests or on a separate ballot or ballot page from contests other than 11 ranked-choice contests. 12 as amended by PL 2019, c. 320, §3, is 13 further amended to read: 14 A. Instructions must be printed on the ballot informing the voter how to designate the 15 voter's choices on the ballot. Specific instructions must be presented above or next to 16 the first contest of each type, such as ranked-choice contests, contests other than 17 ranked-choice contests or referenda. 18 19 repealed. 20 as amended by PL 2021, c. 273, §10, is further 21 amended to read: 22 23 States Senator, Governor, Representative to Congress, State Senator and Representative to 24 the Legislature, and the county offices in the following order: judge of probate, register of 25 probate, county treasurer, register of deeds, sheriff, district attorney and county 26 commissioner, except that the order may be modified to allow ranked-choice contests to be 27 printed on the opposite side of the ballot, separate from contests other than ranked-choice 28 contests. 29 as amended by PL 2019, c. 320, §4, is 30 further amended to read: 31 A. The voting instruction poster must include information on how to mark the ballot, 32 including how to mark a write-in vote; how to replace the ballot if the voter makes a 33 mistake; and how to receive assistance in marking the ballot. It may include other 34 voting information. The Secretary of State may design separate instruction posters to 35 instruct the voters on how to mark a ballot for elections to be determined by 36 voting and those to be determined by plurality. 37 as amended by PL 2017, c. 316, §4, is further 38 amended to read: 39 Except for elections determined by ranked-choice voting, the The following provisions 40 apply to the counting of ballots. The election clerks shall count the ballots under the 41 supervision of the warden as soon as the polls are closed, except that if, in the opinion of Page 2 - 132LR1123(01) 42 the municipal clerk the public interests will best be served, referendum ballots may be 43 counted on the day immediately following the election, as long as the count is completed 44 within 24 hours after the polls are closed. If referendum ballots are counted under this 45 exception, the municipal clerk is responsible for the security and safekeeping of the ballots 46 until the count has been completed. 6 as amended by PL 2019, c. 320, §5, is 7 further amended to read: 8 A. Except as provided in section for elections determined by ranked-choice 9 voting, if If a voter marks more names for an office than there are vacancies to be filled 10 or more choices for a question than are permitted, the voter's vote for that office or 11 question may not be counted. 12 as amended by PL 2019, c. 320, §6, is further 13 amended to read: 14 As soon as practicable after the election return is prepared under section 711, if a secure 15 place is available at the voting place or municipal office where the public may view a paper 16 copy of the unofficial election results even when the voting place or municipal office is 17 closed, an election official shall post a paper copy of the unofficial results of the election. 18 For elections determined by voting, an election official shall post a paper 19 copy of the results of the first choice votes cast. 20 as amended by PL 2019, c. 320, §7, is further 21 amended to read: 22 As soon as the results of the election have been declared, the election return must be 23 prepared. The warden at each ward or precinct shall fill out the election return form 24 provided by the Secretary of State, showing the number of votes cast for each candidate or 25 question and recording the total number of state ballots cast in that ward or precinct. For 26 elections determined by voting, the warden shall report on the election return 27 only the first choice votes cast. The warden and one other election official shall sign the 28 return and immediately deliver it to the municipal clerk. The form provided by the 29 Secretary of State must include the names of all candidates, including declared write-in 30 candidates as determined by section 722‑A. 31 as amended by PL 2019, c. 371, §26, is further 32 amended to read: 33 34 election return to have been cast for each question or candidate whose name appeared on 35 the ballot. For elections determined by ranked-choice voting, the Secretary of State shall 36 tabulate the votes according to the ranked-choice voting method described in section 37. The Secretary of State shall tabulate the votes that appear by an election return to 38 have been cast for a declared write-in candidate pursuant to 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 1 2 3 4 5 Page 3 - 132LR1123(01) 43 office, is nominated for that office, except for write-in candidates under paragraph A and 44 elections determined by ranked‑choice voting under section 723‑A. 3 A. A write-in candidate who complies with section 4 qualifications under section 334 may be nominated at the primary election if that person 5 receives a number of valid write-in votes equal to at least twice the minimum number 6 of signatures required under section 335, subsection 5 on a primary petition for a 7 candidate for that office. 8 B. The Secretary of State shall immediately certify by mail the nomination of each 9 person nominated by the primary election. 10 as amended by PL 2017, c. 316, §7, is further 11 amended to read: 12 13 voting, the person who receives a plurality of the votes cast for election to any office, as 14 long as there is at least one vote cast for that office, is elected to that office, except that a 15 write-in candidate must also comply with section 722‑A. 16 as amended by PL 2023, c. 628, §§1 to 4, is repealed. 17 as amended by PL 2019, c. 320, §16, is 18 further amended to read: 19 A candidate who is the apparent loser and who desires a recount must file with the 20 Secretary of State a written request for a recount within 5 business days after the election, 21 except that in an election determined by voting, only a candidate who 22 received one of the top 3 rankings at the end of the penultimate round of 23 counting may request a recount. The recount is held under the supervision of the Secretary 24 of State, who shall allow the candidate's representatives or counsel to recount the ballots. 25 The candidate may not act as a counter of ballots. 26 as amended by PL 2023, c. 628, §5, is 27 repealed. 28 as enacted by PL 2023, c. 628, §6, is amended 29 to read: 30 31 appointment of presidential electors, as soon as possible after the presidential electors are 32 chosen, the Governor shall send a certificate of the determination of the electors to the 33 Archivist of the United States under state seal. The certificate must state the names of the 34 electors and the number of votes each candidate for President received statewide and for 35 each congressional district in the final round of tabulation under section 36 Governor shall deliver 6 certificates under state seal to the electors before the day 37 established by federal law for the meeting of electors. 38 as enacted by PL 2023, c. 628, §6, is 39 amended to read: 40 A. As soon as possible after the canvass of the presidential count under section 41 subsection 7 is determined electors are chosen, the Governor shall send a certificate of 42 determination containing the names of the electors and the statewide number of votes 1 2 Page 4 - 132LR1123(01) 43 for each presidential slate that received votes in the final round to the Archivist of the 44 United States under state seal. This final round vote is deemed to be the determination 45 of the vote in the State for the purposes of section 1304. 4 As used in this paragraph, "final round" means the round that ends with the result 5 described in section 723‑A, subsection 7, paragraph C, subparagraph (1). 6 as amended by PL 2023, c. 628, §7, is further 7 amended to read: 8 9 electors at large shall cast their ballots for the presidential and vice-presidential candidates 10 who received the largest number of votes in the State according to the 11 method of counting votes described in section . The presidential electors of each 12 congressional district shall cast their ballots for the presidential and vice-presidential 13 candidates who received the largest number of votes in each respective congressional 14 district according to the method of counting votes described in section 15. 16 17 This bill repeals the laws governing ranked-choice voting in: 18 1. Primary elections for the offices of President of the United States, United States 19 Senator, United States Representative to Congress, Governor, State Senator and State 20 Representative; 21 2. General and special elections for the offices of United States Senator and United 22 States Representative to Congress; and 23 3. General elections for presidential electors. 1 2 3 17