Nicknames on Ballots

Training for: Legal Notes

In the run-up to municipal elections (typically held in March, June or November), we’re often asked if a nickname can be used on a pre-printed ballot, either in addition to or in lieu of a candidate’s given or birth name. For example, John “Jack” Doe or simply Jack Doe. The short answer is no, nicknames are not permitted. But as is often the case in law, there are exceptions.

According to 21-A M.R.S.A. § 601(2)(B-1), which applies to municipal ballots by virtue of 30-A M.R.S.A. § 2501, a ballot may contain a name other than the candidate’s given name if (1) the name has been approved by Probate Court order, or (2) if it is the name consistently used by the candidate during the past two years in filings with governmental agencies and in the transaction of public business. Applicable filings and transactions include voter and motor vehicle registrations; drivers’ licenses; passports; professional licenses; local, state or federal permits; public benefit programs; veterans’ benefits; and social security.

Since most people who go by nicknames still use their given, legal names in these types of filings and transactions, most nicknames will not qualify for this exception.

We should note that although nicknames are generally not allowed on a pre-printed ballot, they can be used for a write-in vote if the voter’s intent is clear (see 21-A M.R.S.A. § 696(4)).

Whether write-in votes must be counted at all, however, is now subject to a number of variables (see “New Law on Write-In Voting,” Maine Townsman, Legal Notes, October 2015).

For more on preparation of ballots, see Chapter 9 of MMA’s Town Meeting & Elections Manual, available free to members as www.memun.org. (By R.P.F.)

In the run-up to municipal elections (typically held in March, June or November), we’re often asked if a nickname can be used on a pre-printed ballot, either in addition to or in lieu of a candidate’s given or birth name. For example, John “Jack” Doe or simply Jack Doe. The short answer is no, nicknames are not permitted. But as is often the case in law, there are exceptions.

According to 21-A M.R.S.A. § 601(2)(B-1), which applies to municipal ballots by virtue of 30-A M.R.S.A. § 2501, a ballot may contain a name other than the candidate’s given name if (1) the name has been approved by Probate Court order, or (2) if it is the name consistently used by the candidate during the past two years in filings with governmental agencies and in the transaction of public business. Applicable filings and transactions include voter and motor vehicle registrations; drivers’ licenses; passports; professional licenses; local, state or federal permits; public benefit programs; veterans’ benefits; and social security.

Since most people who go by nicknames still use their given, legal names in these types of filings and transactions, most nicknames will not qualify for this exception.

We should note that although nicknames are generally not allowed on a pre-printed ballot, they can be used for a write-in vote if the voter’s intent is clear (see 21-A M.R.S.A. § 696(4)).

Whether write-in votes must be counted at all, however, is now subject to a number of variables (see “New Law on Write-In Voting,” Maine Townsman, Legal Notes, October 2015).

For more on preparation of ballots, see Chapter 9 of MMA’s Town Meeting & Elections Manual, available free to members as www.memun.org. (By R.P.F.)