Maine Recount Laws

This information was initially released on October 21, 2010. Note: While many of our states were reviewed by local election officials and/or others familiar with state recount laws, we were unable to procure a review of our information for Maine by the launch of our database. Please check back for possible updates.

Voting System Used: 

Paper ballot (optical scanners, hand counted paper ballots or a mix) For more details, visit Verified Voting.

 

Counting Method: 

Recount only The Secretary of State in Maine has adopted new rules that take effect November 2, 2010 that require all ballots be recounted by hand. See Chapter 502, “Rules Governing the Conduct and Procedures for Election Recounts,” Section 2, “Conducting the Recounts,” Subsection (4), “Ballot Handling and Counting Process”: http://www.maine.gov/sos/cec/rules/29/250/250c502.doc Unlike most other states, it is not a recount board or an election official that conducts the counting. Rather, it is the initiating candidate's “representatives and counsel” who count the ballots, under the supervision of the Secretary of State and Elections Bureau. See the Maine Revised Statutes, Chapter 9, “Conduct of Elections,” Subchapter 3, Article 3, Section 737-A, as well as the Rules for the Department of the Secretary of State, Rule 501, “Election Recount Rules”: http://www.maine.gov/sos/cec/rules/29/250/250c501.doc.

Initiating Mechanism: 

Candidate-initiated Voter-initiated

Candidate-Initiated Options: 

The apparent losing candidate in an election may request a recount. The pertinent statutes list no restrictions on the type of election or the office affecting who may file such a request. See Section 737-A: http://www.mainelegislature.org/legis/Statutes/21-A/title21-Asec737-A.html. Timing: Recount requests must be filed within five business days after the election. The law requires that the recount “be held as soon as reasonably possible.” See Section 737-A, Subsection (4).

Voter-Initiated Options: 

Voters may request recounts for initiatives/questions Voters may request a recount “on any referendum question.” Such a request must be signed by at least “100 or more affected voters.” See Section 738, “Statewide referendum ballots”: http://www.mainelegislature.org/legis/Statutes/21-A/title21-Asec738.html. Timing: Recount requests must be filed within five business days after the election.

Cost for Candidate-Initiated Recounts: 

Initiator pays set or per jurisdiction fee Initiator pays deposit or bond before recount Payer of costs depends on outcome of recount Candidates must pay a deposit before the recount, the amount of which depends on the close vote margin between the recount initiator and the apparent winning candidate. If the close vote margin is 2% or less, no deposit is required. The maximum deposit is $10,000. The entire deposit is refunded if the recount changes the outcome of the election. See Section 737-A, Subsection (1).

Cost for Voter-Initiated Recounts: 

Initiator pays set or per jurisdiction fee Initiator pays deposit or bond before recount Payer of costs depends on outcome of recount Initiators must pay a deposit before the recount, the amount of which depends on the close vote margin between the two sides of the issue. If the close vote margin is 2% or less, no deposit is required. The maximum deposit is $10,000. The entire deposit is refunded if the recount changes the outcome of the election. See Section 737-A, Subsection (1). (Section 738 specifies that Section 737-A, Subsection 1, pertains for voter-initiated recounts.)

Challengers and Observers: 

Statutes specify that recount must be public Party/candidate or initiator has statutory authority to appoint observers Party/candidate or initiator has statutory authority to appoint challengers Maine's rules regarding recounts state that “the press and interested parties” will be allowed to observe the recount. See the Rules for the Department of the Secretary of State, Rule 501, “Election Recount Rules”: http://www.maine.gov/sos/cec/rules/29/250/250c501.doc. The state also requires that the counting of ballots be conducted publicly, though it does not clarify that this also applies to recounts. See Section 695, “Counting of ballots,” Subsection (1): http://www.mainelegislature.org/legis/Statutes/21-A/title21-Asec695.html. While there is no formal process by which candidates may appoint observers, as noted above, it is candidate's representatives themselves who conduct the counting for the recount, by default allowing them to observe the recount process. These representatives may also dispute the validity of particular ballots. See Rule 501 for more details.

Rules for Determining Voter Intent: 

Secretary of State or Election Board responsible for defining intent Section 696, “Challenged, defective, or void ballots,” charges the Secretary of State with developing rules regarding voter intent. See Subsection (6), “Rules”: http://www.mainelegislature.org/legis/Statutes/21-A/title21-Asec696.html.

Audit Laws: 

State does not have audit laws As of our most recent update (September 2010), Maine does not have audit laws.

Additional Resources: 
Maine Revised Statutes - Title 21-A - Elections
Maine Secretary of State