An Act To Adjust the Timing for Recounts in Certain Municipal and Local School Elections
Maine Legislature, Session 128, LD 1269
Committee: Veterans and Legal Affairs
Sponsors: PARRY, DEVIN, FARRIN, O'CONNOR, TURNER, COLLINS, DESCHAMBAULT, MASON
Amends: 20-A MRSA §1466, 30-A MRSA §2531-B, 30-A MRSA §2532

Legislative Document
No. 1269
H.P. 881
House of Representatives, March 30, 2017
An Act To Adjust the Timing for Recounts in Certain Municipal 
and Local School Elections
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative PARRY of Arundel.
Cosponsored by Representatives: DEVIN of Newcastle, FARRIN of Norridgewock, 
O'CONNOR of Berwick, TURNER of Burlington, Senators: COLLINS of York, 
DESCHAMBAULT of York, MASON of Androscoggin.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §1466, sub-§14, ¶A, as enacted by PL 2009, c. 580, §9, is 
amended to read: 
A.  If, within 7 10 business days of the computation and recording of the results of 
the voting, the municipality requests to the commissioner in writing a recount of the 
votes, the commissioner shall immediately cause the checklists and all the ballots cast 
in the municipality to be collected and kept at the commissioner's office so they may 
be recounted by the municipality.  If the municipality counts all ballots by hand, a 
recount must be performed under this paragraph if the total vote difference is 10 
votes or fewer. 
Sec. 2.  30-A MRSA §2531-B, first ¶, as enacted by PL 2011, c. 255, §7, is 
amended to read: 
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 a written request for a 
recount must be filed with the Secretary of State within 10 business days after the 
election and 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-A, 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. 
Sec. 3.  30-A MRSA §2531-B, sub-§4 is enacted to read: 
4.  Recount required for close elections with hand-counted ballots.  If a 
municipality counts all ballots by hand, a recount must be performed by the municipal 
clerk or the clerk's designee if the total vote difference is 10 votes or fewer. 
Sec. 4.  30-A MRSA §2532, as amended by PL 2011, c. 255, §8, is further 
amended to read: 
§2532.  Referendum recount procedure 
In the case of a referendum, a recount must be granted upon written application of 
10% or 100, whichever is less, of the persons whose names were checked on the voting 
list at any town referendum or ballot question under section 2105 or 2528, or any city 
referendum. The time limits, rules and all other matters applying to candidates under 
section 2531-B apply equally to applicants for the recount.  Except as otherwise provided 
in this section, the method of conducting a referendum recount is governed by Title 21-A, 
section 737-A.  If a municipality counts all ballots by hand, a referendum recount must be 
performed under this section if the total vote difference is 10 votes or fewer. 
SUMMARY 
This bill changes the deadline for requesting a recount in a municipal, local school or 
local referendum election to 10 business days after the election.  It also provides that in a 
municipality that counts all ballots by hand, a recount is automatically triggered in a 
municipal, local school or local referendum election if the total vote difference is 10 votes 
or fewer.