HP0458, LD 677, item 1, An Act To Amend the Election Laws Concerning Candidates and Nominees

An Act To Amend the Election Laws Concerning Candidates and Nominees

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 21-A MRSA §367, as amended by PL 1995, c. 459, §31, 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 serious illness, the procedures set forth in section 374-A, subsection 1, paragraph B must be complied with if the candidate is to be replaced.

Sec. 2. 21-A MRSA §374-A, sub-§1, as amended by PL 2011, c. 342, §12, is further amended to read:

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 withdraws on or before 5 p.m. of the 2nd Monday in July preceding the general election in accordance with section 367 and:

A. Withdraws on or before 5 p.m. of the 2nd Monday in July preceding the general election in accordance with section 367;

B. Withdraws because of a catastrophic serious illness that has permanently and continuously incapacitated the candidate and or 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 that describes the illness and is signed by at least 2 one licensed physicians physician; or

C. Dies prior to the general election.

Sec. 3. 21-A MRSA §374-A, sub-§2, as amended by PL 1993, c. 447, §5, is further amended to read:

2. Deadline, announcement and organizing rules for political committee's 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A. No later than 5 p.m. of the 4th Monday in July preceding the general election for a candidate who has withdrawn in accordance with subsection 1, paragraph A B; or

B. As soon as practicable for a candidate who withdraws or is withdrawn in accordance with subsection 1, paragraph B or C.

A political committee making a replacement under this subsection shall notify the public that a meeting to select a replacement candidate under this section will be held. The notice must be made at least 3 days prior to the meeting at which the nominee will be selected and must be made through various communication media, including, but not limited to, publication in a newspaper of general circulation in the electoral district and posting on the Internet.

At least 5 residents of the electoral district who are members of the political party making the replacement nomination must be present at a meeting to select a replacement nominee. This requirement may be verified by a local city or town clerk or notary public, or by other means in accordance with rules adopted by the Secretary of State.

Sec. 4. 21-A MRSA §376, sub-§2, as amended by PL 1997, c. 436, §55, is further amended to read:

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.

summary

This bill makes changes to the laws governing the withdrawal and replacement of candidates for an office other than United States Senator, Representative to Congress or Governor. It amends the requirements that must be met in order for a political committee to make a replacement nomination. It requires notification of a meeting to name a replacement candidate and it requires that a minimum of 5 residents of the electoral district who are members of the political party making the replacement attend the meeting.

HP0458 LD 677	Session - 127th Maine Legislature		LR 1817 Item 1
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