Maine Revised Statutes

Me. Rev. Stat. tit. 21-A, § 301 (2026)

Qualified parties

✓ current as of May 2026
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1.  Primary election.  A party qualifies to participate in a primary election if its designation was listed on the ballot of either of the 2 preceding general elections and if:  
A. The party held municipal caucuses as prescribed by Article 2 in at least one municipality in a minimum of 14 counties in the State during the election year in which the designation was listed on the ballot and any interim election year and fulfills this same requirement during the year of the primary election;   [PL 2011, c. 227, §1 (AMD).]
B. The party held a state convention as prescribed by Article III during the election year in which the designation was listed on the ballot and any interim election year; and   [PL 1999, c. 450, §1 (AMD).]
C. [PL 2009, c. 426, §1 (RP).]
D. [PL 1999, c. 450, §1 (RP).]
E. The party's candidate for Governor or for President received at least 5% of the total votes cast in the State for Governor or for President in the last preceding gubernatorial or presidential election or at least 5,000 voters were enrolled in the party as of the last general election, except that a qualified party does not have to meet the requirements of this paragraph until the 2nd general election after it has qualified and thereafter.   [PL 2023, c. 400, §1 (AMD).]
Each state party committee must file a statement with the Secretary of State on or before March 20th certifying that the party has held the municipal caucuses required by paragraph A. The statement must be signed by the party chair or the chair's designated agent.  
[PL 2023, c. 400, §1 (AMD).]
2.  General election.  A party which qualifies under subsection 1 to participate in a primary election must, in that same year, hold a state convention as prescribed by Article III in order to have the party designation of its candidates printed on the ballot in the general election of that year.  
[PL 1985, c. 161, §6 (NEW).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW). PL 1997, c. 436, §41 (AMD). PL 1999, c. 450, §1 (AMD). PL 2009, c. 426, §§1, 2 (AMD). PL 2011, c. 227, §1 (AMD). PL 2017, c. 254, §1 (AMD). PL 2021, c. 335, §1 (AMD). PL 2023, c. 400, §1 (AMD).
Notes of Decisions
Cited in 4 cases, 1993–2009 · leading case: Maine Green Party v. Sec'y of State, 1997 ME 175 (Me. 1997).
Maine Green Party v. Sec'y of State, 1997 ME 175 (Me. 1997). · cites it 6× “[¶4] Anticipating that the Secretary of State would disqualify it as a party pursuant to 21-A M.R.S.A. §§ 301, 304 & 305 (1993), 3 in November 1996 the Green Party filed a complaint in the United States District Court.”
Libertarian Party of Maines. v. G. William Diamond, Etc., (Two Cases), 992 F.2d 365 (1st Cir. 1993). · cites it 2× “The Libertarian Party of Maine (“Party”) and seventeen of its candidates for elective office (“appellant candidates”) challenge a district court ruling upholding the constitutionality of Maine’s ballot-access requirements, 21-A M.R.S.A. § 301 et seq. We affirm. I Under Maine…”
Maine Green Party v. ME, Secy of State, 173 F.3d 1 (1st Cir. 1999). “See 21-A M.R.S.A. § 301(1)(C) (1992) (requiring, inter alia, previously-qualified parties 1 to receive at least 5% of the presidential vote in presidential election years and at least 5% of the gubernatorial vote in gubernatorial election years to retain official party *2…”
Libertarian Party of Maine v. Dunlap, 659 F. Supp. 2d 215 (D. Me. 2009). “21-A M.R.S.A. §§ 301(2), 331(2)(A). Non-party presidential candidates, on the other hand, must submit certified signatures to the Secretary of State by August 15 to gain ballot access.”
— Me. Rev. Stat. tit. 21-A, § 301(1)(A) — 1 case
Libertarian Party of Maines. v. G. William Diamond, Etc., (Two Cases), 992 F.2d 365 (1st Cir. 1993). “The Libertarian Party of Maine (“Party”) and seventeen of its candidates for elective office (“appellant candidates”) challenge a district court ruling upholding the constitutionality of Maine’s ballot-access requirements, 21-A M.R.S.A. § 301 et seq. We affirm. I Under Maine…”
— Me. Rev. Stat. tit. 21-A, § 301(1)(C) — 2 cases
Maine Green Party v. Sec'y of State, 1997 ME 175 (Me. 1997). “[¶4] Anticipating that the Secretary of State would disqualify it as a party pursuant to 21-A M.R.S.A. §§ 301, 304 & 305 (1993), 3 in November 1996 the Green Party filed a complaint in the United States District Court.”
Maine Green Party v. ME, Secy of State, 173 F.3d 1 (1st Cir. 1999). “See 21-A M.R.S.A. § 301(1)(C) (1992) (requiring, inter alia, previously-qualified parties 1 to receive at least 5% of the presidential vote in presidential election years and at least 5% of the gubernatorial vote in gubernatorial election years to retain official party *2…”
— Me. Rev. Stat. tit. 21-A, § 301(2) — 1 case
Libertarian Party of Maine v. Dunlap, 659 F. Supp. 2d 215 (D. Me. 2009). “21-A M.R.S.A. §§ 301(2), 331(2)(A). Non-party presidential candidates, on the other hand, must submit certified signatures to the Secretary of State by August 15 to gain ballot access.”
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