An Act To Clarify Maine Election Laws
Maine Legislature, Session 121, LD 0802
Committee: Legal and Veterans Affairs
Sponsors: HALL, GAGNON, BERRY

Legislative Document 
No. 802 
S.P.281 
In Senate, February 20, 2003 
An Act To Clarify Maine Election Laws 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Senator HALL of Lincoln. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senator: GAGNON of Kennebec, Representatives: BERRY of Belmont, 
McGOW AN of Pittsfield. 
Printed on recycled paper 
B~ it enacted by the People of the State of Maine as follows: 
Sec. I. 2I-A MRS A §737-B is enacted to read: 
§737-B. 
Disputing ballots 
1. 
Permitted disputes. 
A candidate whose race is subject 
to a recount in accordance with this section may dispute a ballot 
only if: 
A. 
The disputed marking on the ballot relates to the race 
being recounted; or 
B. 
The validity of the entire ballot is being questioned. 
2. 
Dispute prohibited. 
If there is a clear marking on the 
ballot relating to the race being recounted, a disputed marking 
relating to other races on the same ballot may not be disputed. 
3. 
Validity of dispute. 
The 
Attorney 
General 
or 
the 
Attorney General's designee shall determine whether a dispute of 
a ballot is valid as provided in subsections 1 and 2. 
If the 
Attorney General or the Attorney General's designee determines 
that a dispute is not valid, then the ballot must be counted. 
Sec. 2. 2I-A MRSA §§740 and 740-A are enacted to read: 
§740. 
Disputed ballots to be public 
1. 
Secretary of State to release disputed ballots. 
The 
Secretary of State shall release notarized copies of disputed 
ballots to the public if: 
A. 
Both candidates in the race being recounted agree to 
release them to the pUblic; 
B. 
For 
an 
election 
to 
the 
Senate 
or 
the 
House 
of 
Representatives, the Senate or House committee charged with 
examining the disputed ballots requests their release; or 
c. 
A candidate in the race being recounted disagrees with a 
ruling made by the Attorney General on the validity of a 
ballot as provided by section 737-B, SUbsection 3. 
2. 
Voter identity protected. 
Upon releasing a 
disputed 
ballot to the public, the Secretary of State may not identify the 
voter who cast the ballot. 
§740-A. 
Abuse of recount process: penalty 
Page l-LR0133(1) 
If the Secretary of State and the Attorney General jointly 
agree 
that 
a 
candidate 
invol7ed 
in 
the 
recount 
process 
is 
delaying the process by refusing to continue with a recount once 
it has 
begun 
or 
is 
refusing to 
set 
a 
reasonable 
time 
for 
beginning or resuming 
a 
recount, 
then the Secretary of State 
shall notify the Commission on Governmental Ethics and Election 
Practices. 
The commission may, after hearing, assess penalties 
H 
of up to $5,000 for abuse of the recount process. 
SUMMARY 
This bill amends the law regarding the recount process by 
stating under what circumstances a ballot in a 
recount may be 
disputed. 
It also provides criteria by which the Secretary of 
State shall make disputed ballots public and requires that the 
identity of the voter who cast the disputed ballot is protected. 
It also provides for a penalty for delaying the recount process.