HP0374, LD 517, item 2, Document Text

Amend the bill by striking out all of sections 1 to 3 and inserting the following:

‘Sec. 1. 21-A MRSA §336, sub-§3, as amended by PL 1995, c. 459, §24, is repealed and the following enacted in its place:

3. Name, residence, party and qualifications declared. The consent must contain:

A. A declaration of the candidate's legal name or, if the candidate wishes to have the candidate's nickname on the ballot, the candidate's first initial and middle initial, if any, of the candidate's legal name followed by the nickname that the candidate wishes to appear on the ballot and the candidate's last name;

B. If the candidate wishes to have the candidate's nickname on the ballot, a declaration that that nickname is the name by which the candidate is known to others;

C. The candidate's place of residence;

D. The candidate's party designation; and

E. A statement that the candidate meets the qualifications of the office that the candidate seeks.

The candidate shall verify the consent by oath or affirmation before a notary public or other person authorized by law to administer oaths or affirmations that the declaration is true. If, pursuant to the challenge procedures in section 337, any part of the declaration is found to be false by the Secretary of State, the consent and the nomination petition are void.

Sec. 2. 21-A MRSA §355, sub-§3, as amended by PL 1999, c. 645, §2, is repealed and the following enacted in its place:

3. Name, residence, party and qualifications declared. The consent must contain:

B. If the candidate wishes to have the candidate's nickname on the ballot, a declaration that that nickname is the name by which the candidate is known to others;

C. The candidate's place of residence;

D. A statement that the candidate has not been enrolled in a party qualified to participate in a primary or general election after March 1st of that election year; and

E. A statement that the candidate meets the qualifications of the office the candidate seeks.

The candidate shall verify the consent by oath or affirmation before a notary public or other person authorized by law to administer oaths or affirmations that the declaration is true, except that candidates for the office of county commissioner need not verify by oath or affirmation that they are not enrolled in a party. If, pursuant to the challenge procedures in section 356, any part of the declaration is found to be false by the Secretary of State, the consent and the nomination petition are void.

Sec. 3. 21-A MRSA §363, sub-§3, as amended by PL 2015, c. 447, §9, is repealed and the following enacted in its place:

3. Acceptance filed. A person chosen as a candidate under this section shall file a written acceptance with the Secretary of State containing:

B. If the candidate wishes to have the candidate's nickname on the ballot, a declaration that that nickname is the name by which the candidate is known to others;

C. The candidate's place of residence;

D. The candidate's party enrollment; and

E. A statement that the candidate meets the qualifications of the office sought.

The Secretary of State shall provide a form for the candidate's acceptance that includes a list of the statutory and constitutional requirements of the office sought by the person. The form must include a place for the registrar of the candidate's municipality of residence to certify the candidate's registration and enrollment status.’

Amend the bill by striking out all of section 6 and inserting the following:

‘Sec. 6. 21-A MRSA §601, sub-§2, ¶H, as amended by PL 2007, c. 455, §18, is repealed and the following enacted in its place:

H. The name of each candidate must appear on the ballot as follows:

(1) The candidate's legal name, including the last name first followed by the first name and middle name or initial; last name first followed by the first name or the first initial and the middle name; or last name first followed by the first name; or

’

(2) If a candidate has requested that the candidate's nickname appear on the ballot pursuant to section 336, 355 or 363, the candidate's legal last name first followed by the first initial and middle initial, if any, of the candidate's legal name followed by the nickname in quotation marks.

Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.

summary

This amendment is the majority report of the committee and specifies that if a candidate requests that the candidate's nickname appear on the ballot for an election in the State, the candidate must include the nickname on the candidate's declaration of consent or written acceptance filed with the Secretary of State and must declare that the nickname is actually the name by which the candidate is known to others. The amendment also specifies that if a candidate requests that the candidate's nickname appear on the ballot for an election in the State, the Secretary of State must set off the candidate's nickname by quotation marks and it must be placed on the ballot following the candidate's legal last name, first initial and middle initial, if any.

FISCAL NOTE REQUIRED

(See attached)

HP0374 LD 517	Session - 129th Maine Legislature C "A", Filing Number H-164, Sponsored by		LR 853 Item 2
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