Maine Revised Statutes

Me. Rev. Stat. tit. 21-A, § 331 (2026)

Primary required

✓ current as of May 2026

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1. Nomination by primary election. A party's nomination of a candidate must be made by primary election, as provided in this Article. When there is an office for which no candidate has qualified either by filing a petition and consent under sections 335 and 336 or as a write-in candidate in accordance with section 722‑A, the Secretary of State is not required to list the office on the primary ballot. The Secretary of State is not required to print a primary ballot if there are no offices for which a candidate has qualified.

[PL 2015, c. 447, §8 (AMD).]

2. Exceptions. This Article does not apply to:

A. Nominations for presidential electors; [PL 1985, c. 161, §6 (NEW).]

B. Nominations to fill vacancies under subchapter III; and [PL 1985, c. 161, §6 (NEW).]

C. Nominations by petition under subchapter II. [PL 1985, c. 161, §6 (NEW).]

[PL 1985, c. 161, §6 (NEW).]

3. Limitations to candidacy. The following limitations apply to all candidates for nominations.

A. A person may not file, whether by primary election or nomination petition, as a candidate for more than one federal, state or county office at any election, except for a candidate for membership in a county charter commission or a candidate for presidential elector under section 351, subsection 3. [PL 1997, c. 436, §47 (AMD).]

B. A person may file as a candidate for any federal, state or county office either by primary election or nomination petition but not by both, except for a candidate for membership in a county charter commission under section 351, subsection 3. [PL 1985, c. 161, §6 (NEW).]

[PL 1997, c. 436, §47 (AMD).]

SECTION HISTORY

PL 1985, c. 161, §6 (NEW). PL 1997, c. 436, §47 (AMD). PL 2015, c. 447, §8 (AMD).

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1992–2021 · leading case: Arsenault v. Sec'y of State, 2006 ME 111 (Me. 2006).

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Arsenault v. Sec'y of State, 2006 ME 111 (Me. 2006). · cites it 2× “21-A M.R.S. § 331(2)(B) (2005) (“This Article does not apply to .”

Maine Senate v. Sec'y of State, 2018 ME 52 (Me. 2018). “3d 188 ; see also 21-A M.R.S. §§ 331 -40 (2017); In re Primary Election Ballot Disputes 2004 , 2004 ME 99 , ¶ 3, 857 A.”

Libertarian Party of Maine v. Dunlap, 659 F. Supp. 2d 215 (D. Me. 2009). “21-A M.R.S.A. § 331(2)(A). The process for qualified political parties recognizes that their candidates for national political office are nominated through a series of primaries throughout the country, leading to their nominating conventions.”

Libertarian Party v. Diamond, 799 F. Supp. 1 (D. Me. 1992). · cites it 2× “Me.Rev.Stat.Ann. tit. 21-A, § 331(1) (West Supp.”

Woodhouse v. Maine Comm'n on Governmental Ethics & Election Practices, 40 F. Supp. 3d 186 (D. Me. 2014). “21-A M.R.S.A. § 331. An independent candidate does not confront a primary.”

Baines v. Bellows (D. Me. 2021). · cites it 2× “21-A M.R.S. § 331. “‘Primary election’ means the regular election for the election of nominees of a party for the general election.”

Bond v. Dunlap (D. Me. 2020). “21-A M.R.S.A. §§ 331, 335. Thus, I cannot conclude that simply requiring that non-party candidates collect 2,000 signatures from all registered voters, without any of the other hurdles imposed on party candidates, is a less restrictive means of achieving the same state interests.”

— Me. Rev. Stat. tit. 21-A, § 331(1) — 2 cases

Libertarian Party v. Diamond, 799 F. Supp. 1 (D. Me. 1992). “Me.Rev.Stat.Ann. tit. 21-A, § 331(1) (West Supp.”

Baines v. Bellows (D. Me. 2021). “21-A M.R.S. § 331. “‘Primary election’ means the regular election for the election of nominees of a party for the general election.”

— Me. Rev. Stat. tit. 21-A, § 331(2)(A) — 1 case

Libertarian Party of Maine v. Dunlap, 659 F. Supp. 2d 215 (D. Me. 2009). “21-A M.R.S.A. § 331(2)(A). The process for qualified political parties recognizes that their candidates for national political office are nominated through a series of primaries throughout the country, leading to their nominating conventions.”

— Me. Rev. Stat. tit. 21-A, § 331(2)(B) — 1 case

Arsenault v. Sec'y of State, 2006 ME 111 (Me. 2006). “21-A M.R.S. § 331(2)(B) (2005) (“This Article does not apply to .”

— Me. Rev. Stat. tit. 21-A, § 331(2)(C) — 1 case

Libertarian Party v. Diamond, 799 F. Supp. 1 (D. Me. 1992). “Me.Rev.Stat.Ann. tit. 21-A, § 331(1) (West Supp.”

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