Me. Rev. Stat. » Title 21-A
Maine Revised Statutes

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

Primary required

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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, 905 A.2d 285.
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Arsenault v. Sec'y of State, 2006 ME 111, 905 A.2d 285. · 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, 183 A.3d 749. “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, 573 F. Supp. 3d 365 (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, No. 1:20-cv-00216, 2020 WL 4275035 (D. Me. July 24, 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, 573 F. Supp. 3d 365 (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, 905 A.2d 285. “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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