21-A §303. Formation of new party; organization by petition
Title 21-A: ELECTIONS
Chapter 5: NOMINATIONS
Subchapter 1: BY POLITICAL PARTIES
Article 1: PARTY QUALIFICATION
§303. Formation of new party; organization by petition
In addition to the procedure under section 302, a party whose designation was not listed on the general election ballot in the last preceding general election qualifies to participate in a primary election, if it meets the requirements of subsections 1, 2 and 3. [1999, c. 450, §6 (AMD).]
1. Declaration of intent. Ten or more voters who are not enrolled in a party qualified under section 301 must file a declaration of intent to form a party with the Secretary of State. The declaration of intent must be on a form designed by the Secretary of State and must include:
A. The designation of the proposed party; and [1985, c. 161, §6 (NEW).]
B. The names, addresses, telephone numbers, if published, and signatures of the voters who file the declaration of intent. [1997, c. 436, §44 (AMD).]
[ 1997, c. 436, §44 (AMD) .]
2. Enrollment of voters. After filing the declaration of intent required in subsection 1, the voter or voters proposing to form the party may then enroll voters in the proposed party under sections 141 to 145.
[ 1985, c. 161, §6 (NEW) .]
3. Petition. After the filing of the declaration described in subsection 1, the Secretary of State or the Secretary of State's designee shall review the declaration and determine the form of the petitions to be submitted to the voters. The voter or voters proposing to form the party shall print the petitions in the form approved by the Secretary of State and may then circulate the petitions. These petitions must be signed, verified and certified in the same manner as primary petitions under section 335, subsections 3, 4 and 7, except that voters not enrolled in any party may also sign the petitions. Each page of the petition must have a caption, in conspicuous type, that contains the designation of the proposed party followed by the words "Petition to participate in the primary election." The petitions must be filed in the office of the Secretary of State before 5 p.m. on the 180th day preceding a primary election and must contain the signatures and legal addresses of voters equal in number to at least 5% of the total vote cast in the State for Governor at the last preceding gubernatorial election. Petitions must be submitted to the appropriate municipal registrar for certification by 5 p.m. on the 10th day before the petition must be filed in the office of the Secretary of State or, if the 10th day is a Saturday, Sunday or legal holiday, by 5 p.m. on the next day that is not a Saturday, Sunday or a legal holiday. The registrar must complete the certification of the petitions and must return them to the circulators or their agents within 5 days of the date on which the petitions were submitted, Saturdays, Sundays and legal holidays excepted.
[ 2001, c. 310, §16 (AMD) .]
4. Municipal caucuses. A party that has qualified under subsections 1, 2 and 3 to participate in a primary election must conduct municipal caucuses in at least one municipality in each of the 16 counties during that election year as prescribed in Article II. The chair of the municipal committee or a resident voter in the municipality must file a copy of the notice required by section 311, subsection 3 with the Secretary of State before 5 p.m. on March 20th.
[ 1999, c. 790, Pt. A, §22 (RPR) .]
5. Convention. A party that has qualified under subsections 1, 2 and 3 to participate in a primary election must in that same year conduct the municipal caucuses under subsection 4 and 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. The voter or group of voters who files the declaration of intent may perform the duties of the state committee under section 321, subsection 1 for the party's initial convention.
[ 1999, c. 450, §9 (AMD) .]
SECTION HISTORY
1985, c. 161, §6 (NEW). 1991, c. 466, §13 (AMD). 1991, c. 862, §3 (AMD). 1995, c. 459, §20 (AMD). 1997, c. 436, §44 (AMD). 1997, c. 581, §1 (AMD). 1999, c. 426, §10 (AMD). 1999, c. 450, §§6-9 (AMD). 1999, c. 790, §A22 (AMD). 2001, c. 310, §16 (AMD).