An Act To Make Municipal Recounts Consistent with State Recounts
Maine Legislature, Session 125, LD 1134
Committee Amendment CA_A_S176 (Senate)
Amends: 30-A MRSA §2530-A

COMMITTEE AMENDMENT" A" to S.P. 343, L.D. 1134, Bill, "An Act To Make 
Municipal Recounts Consistent with State Recounts" 
Amend the bill in section 1 in paragraph C in the last blocked paragraph in the first 
and 2nd lines (page 1, lines 7 and 8 in L.D.) by striking out the following: "form, manner 
and time as a recount hearing" and inserting the following: 'form, and manner and time as 
a recount hearing' 
Amend the bill by striking out all of section 3 and inserting the following: 
'Sec. 3. 30-A MRSA §2530-A, first and 2nd ~~, as enacted by PL 1993, c. 608, 
§ 11, are amended to read: 
This section govems all inspections provides for the preliminary inspection of ballots 
and incoming voting lists cast in any election for municipal office. Inspection procedures 
for other offices do not apply to elections for municipal office. 
If a candidate other than a declared winner in an election applies in writing to the 
municipal clerk within 5 days after the result of a city election or an election under 
section 2528 has been declared, the municipal clerk shall permit the candidate or the 
candidate's agent, after payment of any deposit fee required under subsection 2- 2, to 
inspect the ballots and incoming voting lists under proper protective regulations for the 
purpose of determining whether or not to request a recount under section 2531-B. The 
final day of the 5-day period ends at the close of regular business hours in the office of 
the municipal clerk. The candidate requesting the inspection may request a random or 
complete inspection of the ballots and incoming voting lists. 
Sec. 4. 30-A MRSA §2530-A, sub-§§2, 3 and 4, as enacted by PL 1993, c. 608, 
1 
§ 11, are repealed. 
Sec. 5. 30-A MRSA §2530-A, sub-§9 is enacted to read: 
9. Municipal clerk may assess fee. The municipal clerk may assess a fee for the 
inspection of ballots as provided in this section. The fee may not exceed the actual costs 
to administer the inspection of ballots conducted in accordance with this section.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A;,' to S.P. 343, L.D. 1134 
Amend the bill in section 5 in §2531·-B by striking out the first indented paragraph 
and inserting the following: 
'A recount for an election for municipal office must be performed by a municipal 
clerk or the clerk's designee pursuant to the provisions of Title 21-A, section 737 -A and 
the rules adopted pursuant to Title 21-A, section 737 -A, except that the provisions of 
Title 21-A, section 737-A, subsections 1, 5 and 12 and the duties of the State Police do 
not apply to this section. Except for the municipal clerk or the municipal clerk's designee, 
an election official as defined in Title 21-l\., section 1, subsection 14 or an official of a 
municipal police department performing an official duty in a recount, an employee or 
elected official of the municipality or a candidate in an election may not participate in a 
recount of that election under this section.' 
Amend the bill in section 5 in §2531-B in subsection 1 in the first blocked paragraph 
in the 2nd and 3rd lines (page 2, lines 2 and 3 in L.D.) by striking out the following: 
"ballot inspection" and inserting the following: 'recouQ!' 
Amend the bill in section 5 in §2531-B in subsection 2 in the last line (page 2, line 7 
in L.D.) by striking out the following: "inspection" and inserting the following: 'recount' 
Amend the bill in section 5 in §2531-B in subsection 3 in the 3rd and 4th lines (page 
2, lines 10 and 11 in L.D.) by striking out the following: "ballot inspection" and inserting 
the following: 'recount' 
Amend the bill in section 5 in §2531-B in subsection 3 in the 2nd to last line (page 2, 
line 19 in L.D.) by striking out the following: "inspection or" 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment clarifies that election officials may take part in municipal recounts 
of elections. It also provides that a preliminary inspection of the ballots and the incoming 
voting list may be requested to determine whether or not to request a recount as 
established by the bill. That inspection process is based on what is in current law for the 
inspection of ballots at the municipal level. 
This amendment also makes technical 
changes to the bill, replacing the term "ballot inspection" with the term "recount" where 
applicable. 
COMMITTEE AMENDMENT