Maine Revised Statutes Title 21-A Sec. 723 – Determination of election
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The determination of an election or referendum question is governed by the following provisions. [PL 1985, c. 161, §6 (NEW).]
1. Primary election. In a primary election, the person who receives a plurality of the votes cast for nomination to any office, as long as there is at least one vote cast for that office, is nominated for that office, except for write-in candidates under paragraph A and elections determined by ranked?choice voting under section 723?A.
A. A write-in candidate who complies with section 722?A and who fulfills the other qualifications under section 334 may be nominated at the primary election if that person receives a number of valid write-in votes equal to at least twice the minimum number of signatures required under section 335, subsection 5 on a primary petition for a candidate for that office. [PL 2017, c. 248, §5 (AMD).]
B. The Secretary of State shall immediately certify by mail the nomination of each person nominated by the primary election. [PL 1985, c. 161, §2 (NEW).]
[PL 2019, c. 320, §8 (AMD).]
Terms Used In Maine Revised Statutes Title 21-A Sec. 723
- Any election: means primary and general elections and referenda, whether regular or special. See Maine Revised Statutes Title 21-A Sec. 1
- Candidate: means any person who has filed a petition under either sections 335 and 336 or sections 354 and 355 and has qualified as a candidate by either procedure, or any person who has received contributions or made expenditures or has given consent for any other person to receive contributions or make expenditures with the intent of qualifying as a candidate. See Maine Revised Statutes Title 21-A Sec. 1
- Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
- may: when used in this Title, is used in a permissive sense to grant authority or permission, but not to create duty, to act in the manner specified by the context. See Maine Revised Statutes Title 21-A Sec. 7
- Primary election: means the regular election for the election of nominees of a party for the general election. See Maine Revised Statutes Title 21-A Sec. 1
- Question: means any proposition submitted to the voters. See Maine Revised Statutes Title 21-A Sec. 1
- Ranked-choice voting: means the method of casting and tabulating votes in which voters rank candidates in order of preference, tabulation proceeds in sequential rounds in which last-place candidates are defeated and the candidate with the most votes in the final round is elected. See Maine Revised Statutes Title 21-A Sec. 1
- Referendum: means an election for the determination of a question. See Maine Revised Statutes Title 21-A Sec. 1
- Write-in candidate: means a person whose name does not appear on the ballot under the office designation to which a voter may wish to elect the candidate. See Maine Revised Statutes Title 21-A Sec. 1
2. Other elections. In any other election except for those determined by ranked-choice voting, the person who receives a plurality of the votes cast for election to any office, as long as there is at least one vote cast for that office, is elected to that office, except that a write-in candidate must also comply with section 722?A.
[PL 2017, c. 316, §7 (AMD).]
3. More than one vacancy. In any election, if there is more than one vacancy in an office, as many persons are nominated or elected as there are vacancies to be filled in decreasing order of the plurality of votes received by them.
[PL 1985, c. 161, §6 (NEW).]
4. Referendum question. A referendum question is determined by majority vote.
[PL 1985, c. 161, §6 (NEW).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW). PL 1987, c. 146 (AMD). PL 1991, c. 244 (AMD). PL 1999, c. 426, §§25,26 (AMD). PL 2001, c. 310, §49 (AMD). PL 2001, c. 516, §§14,15 (AMD). PL 2009, c. 253, §§38, 39 (AMD). PL 2017, c. 248, §§5, 6 (AMD). PL 2017, c. 316, §7 (AMD). PL 2019, c. 320, §8 (AMD).