Maine Revised Statutes

Me. Rev. Stat. tit. 21-A, § 723 (2026)

Determination of election

✓ current as of May 2026

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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).]

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).

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1990–2024 · leading case: Maine Senate v. Sec'y of State, 2018 ME 52 (Me. 2018).

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Maine Senate v. Sec'y of State, 2018 ME 52 (Me. 2018). · cites it 9× “S § 1(27-C) -directing the use of ranked-choice voting in primary elections-and 21-A M.R.S § 723 -providing for plurality winners in primary elections.”

Opinion of the Justices of the Supreme Jud. Court, 578 A.2d 183 (Me. 1990). · cites it 9× “21-A M.R.S.A. § 723 requires primary candidates to receive a vote total equaling or exceeding the minimum number of signatures required to place the candidate’s name on the primary ballot by petition, which in the case of a candidate for the Maine House of Representatives is…”

In Re Primary Election Ballot Disputes 2004, 2004 ME 99 (Me. 2004). · cites it 2× “See 21-A M.R.S.A. §§ 723, 335 (1993 & Supp 2003).”

Erica Brooks v. Town of Bar Harbor, 2024 ME 21 (Me. 2024). “In that brief, the MMA argued that it was immaterial whether the LUO language called for a supermajority vote because under 21-A M.R.S. § 723(4) (2023) and 30-A M.R.”

Woodhouse v. Maine Comm'n on Governmental Ethics & Election Practices, 40 F. Supp. 3d 186 (D. Me. 2014). “21-A M.R.S.A. § 723(1). . Interestingly, the Maine Clean Elections Act allows less state money to a gubernatorial candidate in an uncontested primary than in a contested primary.”

Libertarian Party v. Diamond, 799 F. Supp. 1 (D. Me. 1992). “Me.Rev.Stat.Ann. tit. 21-A, § 335(5) (West Supp.”

— Me. Rev. Stat. tit. 21-A, § 723(1) — 4 cases

Maine Senate v. Sec'y of State, 2018 ME 52 (Me. 2018). “S § 1(27-C) -directing the use of ranked-choice voting in primary elections-and 21-A M.R.S § 723 -providing for plurality winners in primary elections.”

Opinion of the Justices of the Supreme Jud. Court, 578 A.2d 183 (Me. 1990). “21-A M.R.S.A. § 723 requires primary candidates to receive a vote total equaling or exceeding the minimum number of signatures required to place the candidate’s name on the primary ballot by petition, which in the case of a candidate for the Maine House of Representatives is…”

In Re Primary Election Ballot Disputes 2004, 2004 ME 99 (Me. 2004). “See 21-A M.R.S.A. §§ 723, 335 (1993 & Supp 2003).”

Woodhouse v. Maine Comm'n on Governmental Ethics & Election Practices, 40 F. Supp. 3d 186 (D. Me. 2014). “21-A M.R.S.A. § 723(1). . Interestingly, the Maine Clean Elections Act allows less state money to a gubernatorial candidate in an uncontested primary than in a contested primary.”

— Me. Rev. Stat. tit. 21-A, § 723(1)(A) — 1 case

Libertarian Party v. Diamond, 799 F. Supp. 1 (D. Me. 1992). “Me.Rev.Stat.Ann. tit. 21-A, § 335(5) (West Supp.”

— Me. Rev. Stat. tit. 21-A, § 723(4) — 1 case

Erica Brooks v. Town of Bar Harbor, 2024 ME 21 (Me. 2024). “In that brief, the MMA argued that it was immaterial whether the LUO language called for a supermajority vote because under 21-A M.R.S. § 723(4) (2023) and 30-A M.R.”

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