Title 21-A: ELECTIONS

Chapter 5: NOMINATIONS

Subchapter 1: BY POLITICAL PARTIES

Article 4: NOMINATION BY PRIMARY ELECTION

§335. Petition requirements

A primary petition shall be on a form provided by the Secretary of State and is governed by the following provisions.   [PL 1985, c. 161, §6 (NEW).]

1.  Content.  A primary petition must contain the name of only one candidate and that candidate's municipality of residence, party, office sought and electoral division. A primary petition may contain as many separate papers as necessary and may contain the candidate's consent required by section 336.  

A. When 2 United States Senators are to be nominated, the primary petition must contain the term of office sought by the candidate.   [PL 2019, c. 371, §10 (AMD).]

[PL 2023, c. 389, §1 (AMD).]

2.  By whom signed.  A primary petition may be signed only by voters of the electoral division which is to make the nomination and who are enrolled in the party named in the petition. Other signatures are void.  

[PL 1985, c. 161, §6 (NEW).]

3.  How signed.  The voter must personally sign that voter's name in such a manner as to satisfy the registrar of that voter's municipality that the voter is a registered voter and enrolled in the party named on the petition. Either the voter or the circulator of the petition must print the voter's name.  

[RR 2019, c. 2, Pt. B, §42 (COR).]

4.  Residence.  The voter or the circulator of the petition must write or print the voter's residence address and municipality of registration. Ditto marks are permitted for residence address and municipality of registration only.  

[PL 2005, c. 453, §47 (AMD).]

5.  Number of signatures required.  Petitions must be signed by the following numbers of voters:  

A. For a candidate for Governor, at least 2,000 and not more than 2,500 voters;   [PL 2021, c. 273, §5 (AMD).]

B. For a candidate for United States Senator, at least 2,000 and not more than 2,500 voters;   [PL 2021, c. 273, §5 (AMD).]

B-1. [PL 1995, c. 154, §1 (RP).]

B-2. [PL 2015, c. 474, §1 (NEW); MRSA T. 21-A §335, sub-§5, ¶B-2 (RP).]

B-3. For a candidate for the office of President of the United States, at least 2,000 and not more than 2,500 voters;   [PL 2021, c. 273, §5 (AMD).]

C. For a candidate for Representative to Congress, at least 1,000 and not more than 1,250 voters;   [PL 2021, c. 273, §5 (AMD).]

D. For a candidate for county office other than county commissioner, at least 150 and not more than 200 voters;   [PL 1991, c. 362, §1 (AMD).]

E. For a candidate for county commissioner, at least 50 and not more than 75 voters;   [PL 1991, c. 362, §1 (AMD).]

F. For a candidate for State Senator, at least 100 and not more than 150 voters; and   [PL 1985, c. 161, §6 (NEW).]

G. For a candidate for State Representative, at least 25 and not more than 40 voters.   [PL 1985, c. 161, §6 (NEW).]

[PL 2021, c. 273, §5 (AMD).]

6.  When signed.  Except as provided in subchapter 8, a petition may not be signed before January 1st of the election year in which it is to be used.  

[PL 2019, c. 445, §2 (AMD).]

7.  Certification of petition.  A primary petition shall be verified and certified as follows.  

A. The circulator of a primary petition shall verify by oath or affirmation before a notary public or other person authorized by law to administer oaths or affirmations that the circulator personally witnessed all of the signatures to the petition and that to the best of the circulator's knowledge and belief each signature is the signature of the person whose name it purports to be; each signature authorized under section 153‑A was made by the authorized signer in the presence and at the direction of the voter; and each person is enrolled in the party named in the petition and is a resident of the electoral division named in the petition.   [PL 2009, c. 253, §17 (AMD).]

B. The registrar, or clerk at the request or upon the absence of the registrar, of each municipality concerned shall certify which names on a petition appear in the central voter registration system as registered and enrolled voters in that municipality and may not certify any names that do not satisfy subsection 3.   [PL 2005, c. 453, §48 (AMD).]

[PL 2009, c. 253, §17 (AMD).]

8.  When filed.  Except as provided in subchapter 8, a primary petition must be filed in the office of the Secretary of State before 5 p.m. on March 15th of the election year in which it is to be used.  

[PL 2019, c. 445, §3 (AMD).]

9.  Petition validity.  For a candidate to qualify for the ballot, a nomination petition must meet all of the requirements of this section. If the circulator swears an oath or affirmation in accordance with subsection 7, paragraph A that the circulator reasonably believes to be true and accurate at the time the oath or affirmation is sworn and there is no proof of fraud or a knowingly false statement by the circulator, then the voters' signatures that do not meet the requirements of subsection 7, paragraph A may not be counted, but the petition is otherwise valid.  

[PL 2009, c. 253, §18 (RPR).]

SECTION HISTORY

PL 1985, c. 161, §6 (NEW). PL 1987, c. 797, §1 (AMD). PL 1991, c. 362, §1 (AMD). PL 1993, c. 334, §1 (AMD). PL 1995, c. 154, §1 (AMD). PL 1995, c. 459, §§22,23 (AMD). PL 1997, c. 436, §48 (AMD). PL 2005, c. 196, §4 (AMD). PL 2005, c. 453, §§47,48 (AMD). PL 2009, c. 253, §§17, 18 (AMD). PL 2015, c. 474, §§1-3 (AMD). PL 2019, c. 371, §10 (AMD). PL 2019, c. 445, §§1-3 (AMD). RR 2019, c. 2, Pt. B, §§41, 42 (COR). PL 2021, c. 273, §5 (AMD). PL 2023, c. 389, §1 (AMD).