An Act To Improve the Administration of Election Recounts
Maine Legislature, Session 128, LD 0297
Committee Amendment CA_A_H156 (House)
Amends: 21-A MRSA §696, 21-A MRSA §722, 21-A MRSA §737-A, 21-A MRSA §738

COMMITTEE AMENDMENT "A" to H.P. 230, L.D. 297, Bill, "An Act To 
Improve the Administration of Election Recounts" 
Amend the bill by striking out everything after the enacting clause and insetting the 
following: 
'Sec. 1. 21-A MRSA §696, sub-§2, ,JE, as amended by PL 2009, c. 253, §32, is 
further amended to read: 
E. If a voter writes in a write-in space the name of a person who has not filed a 
declaration of write-in candidacy as provided by section 722-A, the vote for that 
office may not be counted e1wept iR aooordanoe 1Nith seotion 737 A, subseotion 2 /,., 
Sec. 2. 21-A MRSA §722, sub-§1, as amended by IB 2015, c. 3, §4, is further 
amended to read: 
1. How tabulated. The Secretary of State shall tabulate all votes that appear by an 
election return to have been cast for each question or candidate whose name appeared on 
the ballot. 
For offices elected by ranked-choice voting, the Secretary of State shall 
tabulate the votes according to the ranked-choice voting method described in section 
723-A. The Secretary of State shall tabulate the votes that appear by an election return to 
have been cast for a declared write-in candidate and shall tabulate the votes that appear to 
have been east for an undeclared vli'ite in candidate based on a recount requested and 
conducted pursuant to section 737-A, subsection 2-A. 
Sec. 3. 21-A MRSA §737-A, first 1, as amended by PL 2015, c. 447, §27, is 
further amended to read: 
Once a recount is requested for an election for the office of State Senator or State 
Representative or for a county office that does not encompass more than one county, the 
Secretaiy of State shall notify the State Police, who shall take physical control of all 
ballots and related materials involved in the recount as soon as possible, ~wept that~ 
When a recount is requested for a statewide office er, congressional office or statewide 
referendum or an office or referendum for a county office that encompasses more than 
one county, the Secretaiy of State, ia agreement with the parties involved in the reeooot, 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT" A 
"to H.P. 230, L.D. 297 
may direct the State Police to retrieve ballots from certain voting jurisdictions so that the 
recount may be conducted in stages until the requesting candidate or the lead applicant 
for a referendum recount concedes or until all the ballots are recounted. 
Sec. 4. 21-A MRSA §737-A, sub-§1, as amended by PL 2015, c. 447, §29, is 
further amended to read: 
1. Deposit for legislative or single county office recount. This subsection applies 
to a recount for an election for the office of State Senator or State Representative or for a 
county office that does not encompass more than one county. All deposits required by 
this section must be made with the Secretary of State when a recount is requested by a 
losing candidate or an undeclared write-in candidate. Once the State Police have taken 
custody of the ballots and other election materials from the municipalities, the deposit 
made by the candidate requesting the recount is forfeited to the State if the resulting count 
fails to change the outcome of the election. If the recount reverses the election, the 
deposit must be retumed to the candidate requesting the recount. The amount of the 
deposit is calculated as follows. 
A. If the percentage difference shown by the official tabulation between the leading 
candidate and the requesting candidate is 1.5% or less of the total votes cast for that 
office, a deposit is not required. 
B. If the percentage difference shown by the official tabulation between the leading 
candidate and the requesting candidate is more than 1.5% and less than or equal to 
4% of the total votes cast for that office, the deposit is $500. 
C. If the percentage difference shown by the official tabulation between the leading 
candidate and the requesting candidate is more than 4% and less than or equal to 6% 
of the total votes cast for that office, the deposit is $1,000. 
D. If the percentage difference shown by the official tabulation between the leading 
candidate and the requesting candidate is more than 6% and less than or equal to 8% 
of the total votes cast for that office, the deposit is $2,500. 
E. If the percentage difference shown by the official tabulation between the leading 
candidate and the requesting candidate is more than 8% and less than or equal to 10% 
of the total votes cast for that office, the deposit is $5,000. 
F. If the percentage difference shown by the official tabulation between the leading 
candidate and the requesting candidate is more than 10% of the total votes cast for 
that office, the deposit is $10,000. 
Sec. 5. 21-A MRSA §737-A, sub-§1-A is enacted to read: 
1-A. Deposit for statewide or multicounty office recount. This subsection applies 
to a recount for an office not described by subsection 1. A losing candidate who requests 
a recount must pay the deposit required by this subsection when the recount is requested. 
The amount of the deposit is calculated as follows. 
A. If the difference shown by the official tabulation between the leading candidate 
and the requesting candidate is 1 % or less of the total votes cast for that office or not 
more than 1,000 votes, whichever is less, a deposit is not required. A candidate who 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT" A 
"to H.P. 230, L.D. 297 
is not required to pay a deposit pursuant to this subsection may not be charged for the 
recount regardless of whether the procedure changes the result of the election. 
B. If the difference shown by the official tabulation between the leading candidate 
and the requesting candidate is more than 1 % of the total votes cast for that office or 
more than 1,000 votes, whichever is less, the deposit is $5,000 or 10% of the 
reasonable estimate of the cost to the State of performing the first stage of the 
recount, whichever is greater. After completion of the recount, if the recount has not 
changed the result of the election, the Secretary of State shall calculate the actual cost 
of the procedure, which must be paid by the requesting candidate. If the deposit is 
greater than the actual cost, the overpayment must be refunded to the candidate. If 
the actual cost is greater than the deposit, the candidate shall pay the remainder of the 
actual cost to the State. Once the State Police have taken custody of the ballots and 
other election materials for the first stage of the recount, the deposit made by the 
candidate requesting the recount is forfeited to the State even if the candidate 
withdraws from the recount before the recount begins. If a recount reverses the 
election, the deposit must be returned to the candidate requesting the recount. 
Sec. 6. 21-A MRSA §737-A, sub-§2, as enacted by PL 1993, c. 473, §31 and 
affected by §46, is amended to read: 
2. Recount request. If a ballot contains the names of state and local candidates or 
questions, the Secretary of State shall determine which requests for recount must be 
honored first when more than one request is presented. If a recount is requested for more 
than one office or referendum question that is included on the same ballot for one or more 
jurisdictions, the Secretary of State may determine a process for counting the ballots for 
both offices or questions simultaneously. 
Sec. 7. 21-A MRSA §737-A, sub-§2-A, as enacted by PL 2009, c. 253, §43, is 
amended to read: 
2-A. Recount for write-in candidates. For the purposes of this section, a declared 
write-in candidate who has complied with the requirements of section 722-A is treated 
the same as any candidate whose name is printed on the ballot. i'\11 undeclwed write in 
eandidate also may request a recount and be treated as a designated recmrnt candidate, but 
only upon fast s-abmitting a v,1ritten request for a recount that must eontain a statement 
signed by the candidate that the eandidate will aeoept the nomination. The consent must 
contain a declaration of the candidate's place of residence and party designation and a 
statement that the candidate meets the qualifications of the office the Vlfite in candidate 
seeks, vlhich the candidate must verify by oath or affinnation before a notary publio or 
other person authorized by lavi' to administer oaths or affirmations that the declaration is 
true. The undeclwed ·write in eandidate must submit a $10,000 deposit. If the recount 
fails to l'everse the outoome of the election, the undeolwed candidate must also pay the 
aotual cost of the recount, as determined by the Secretary of State. 
Sec. 8. 21-A MRSA §738, as amended by PL 1995, c. 506, §1 and affected by §3, 
is repealed and the following enacted in its place: 
COMMITTEE AMENDMENT 
COMMITI'EE AMENDMENT "A "to H.P. 230, L.D. 297 
§738. Statewide referendum ballots 
Except as provided by this section, the method of conducting a recount of a statewide 
referendum is governed by section 737-A. Appeal of challenged or disputed ballots is to 
the Supreme Judicial Court. 
1. Recount request. To request a recount of a statewide referendum, a petition 
signed by 200 or more registered voters must be submitted to the Secretary of State 
within 8 business days after the election. The Secretary of State shall provide a petition 
form for this purpose to any registered voter in the State who requests it within 2 days of 
receiving the request. 
2. Deposit for recount. A representative of the recount petitioners shall pay the 
deposit required by this section when the petition is submitted to the Secretary of State. 
The amount of the deposit is calculated as follows. 
A. If the difference shown by the official tabulation between the yes and the no votes 
is 1 % or less of the total votes cast for that question or not more than 1,000 votes, 
whichever is less, a deposit is not required. Petitioners who are not required to pay a 
deposit pursuant to this subsection may not be charged for the recount regardless of 
whether the procedure changes the result of the election. 
B. If the difference shown by the official tabulation between the yes and the no votes 
is more than 1 % of the total votes cast for that question or more than l,000 votes, 
whichever is less, the deposit is $5,000 or 10% of the reasonable estimate of the cost 
to the State of performing the first stage of the recount, whichever is greater. After 
the completion of the recount, if the recount has not changed the result of the 
election, the Secretary of State shall calculate the cost of the procedure, which must 
be paid by the petitioners. If the deposit is greater than the actual cost, the 
overpayment must be refunded to the petitioners. If the actual cost is greater than the 
deposit, the petitioners shall pay to the State the remainder of the actual cost. Once 
the State Police have taken custody of the ballots and other election materials for the 
first stage of the recount, the deposit made by the petitioners is forfeited to the State 
even if the petitioners withdraw from the recount before the recount begins. If a 
recount reverses the result of the election, the deposit must be returned to the 
petitioners. 
3. Order of recounts. If a ballot contains state and local candidates or questions and 
a recount is requested, the Secretary of State shall determine which requests for recount 
must be honored first when more than one request is presented. If recounts are requested 
for more than one office or referendum question that is included on the same state ballot 
for one or more iurisdictions, the Secretary of State may determine a process for counting 
the ballots for both offices or questions simultaneously.' 
SUMMARY 
This amendment replaces the bill, which is a concept draft. The amendment makes 
several changes to the laws governing candidate and referendum recounts. 
1. The amendment provides that when a recount is requested for a statewide office, 
congressional office, statewide referendum or county office that encompasses more than 
COMMITTEE AMENDMENT 
COMMITI'EE AMENDMENT ·A "to H.P. 230, L.D. 297 
one county, the Secretary of State may direct the State Police to retrieve ballots from 
certain jurisdictions so that the recount may be conducted in stages. 
2. The amendment provides for a new deposit and payment structure for recounts for 
statewide offices, congressional offices or county offices that encompass more than one 
county, such as District Attorney, so that a deposit is not required when the difference 
between the leading candidate and the requesting candidate is 1 % or less of the total votes 
cast for that office or not more than 1,000 votes, whichever is less. 
3. The amendment provides that for recounts for a statewide office, congressional 
office or county office that encompasses more than one county when the percentage 
difference exceeds the threshold for a no-deposit recount, the requesting candidate must 
pay a deposit of $5,000 or 10% of the estimated cost of the first stage of the recount, 
whichever is greater. If the recount does not change the result of the election, the 
candidate must pay the actual costs to the State of conducting the recount. If the recount 
reverses the election, the requesting candidate receives a complete refund. 
4. The amendment adopts a new deposit and payment structure for recounts of a 
statewide referendum that is the same as the one provided for statewide candidate 
recounts. 
5. The amendment provides that if recounts are requested for more than one office or 
referendum question that are on the same ballot for one or more jurisdictions, the 
Secretary of State may determine a process for counting the ballots for both of the offices 
or questions simultaneously. 
6. 
Finally, the amendment removes the provision in current law allowing an 
undeclared write-in candidate to request a recount. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 04/23/17 .:tPae.. 
LD297 
LR 1793(02) 
An Act To Improve the Administration of Election Recounts 
Fiscal Note for Bill as Amended by Committee Amendment A
{ fi',J5" l) 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Potential cunent biennium revenue increase - General Fund 
The bill establishes a new payment structure for recounts for statewide elections or elections involving more than one 
county. If such a recount is requested, General Fund revenues could be increased. No estimate of the potential 
increase is made at this time. 
LRl 793(02) - Fiscal Note - Page 1 of 1