An Act To Amend the Laws Governing Recounts in Municipal Elections
Maine Legislature, Session 129, LD 1989
Committee: State and Local Government
Sponsors: LIBBY, McCREIGHT, FECTEAU
Amends: 30-A MRSA §2531-B

Legislative Document
No. 1989
S.P. 691
In Senate, January 8, 2020
An Act To Amend the Laws Governing Recounts in Municipal 
Elections
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on State and Local Government suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LIBBY of Androscoggin.
Cosponsored by Representative McCREIGHT of Harpswell and
Representative: FECTEAU of Biddeford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  30-A MRSA §2531-B, sub-§11, as enacted by PL 2019, c. 288, §1, is 
amended to read:
11. Procedure at recount.  A recount in an election of a for municipal officer office
must be conducted according to the procedures in this subsection unless the municipal 
legislative body adopts the recount procedures of Title 21-A, section 737-A and the rules 
adopted pursuant to that section, except that Title 21-A, section 737-A, subsections 1, 5 
and 12 and the duties of the State Police do not apply.
A.  The municipal clerk shall publicly explain the recount procedure at the start of the 
recount and shall supervise the sorting and hand counting of the votes in public with 
assistance from counters appointed by the clerk.
B.  A candidate may provide counters to conduct the recount under the supervision of 
the municipal clerk.  If an insufficient number of counters is provided, the clerk shall 
supply counters.  Municipal officers and candidates on that election ballot may not 
serve as counters.
C.  The municipal clerk and counters shall follow all applicable laws and the rules for 
determining voter intent adopted by the Secretary of State pursuant to Title 21-A, 
section 696, subsection 6.
D.  If any ballots are disputed as to voter intent, the candidates may resolve the 
dispute by consensus in accordance with rules for determining voter intent adopted 
by the Secretary of State pursuant to Title 21-A, section 696, subsection 6.  If 
consensus cannot be reached, those disputed ballots must be set aside.  If the number 
of disputed ballots potentially affects the outcome of the recount, the municipal clerk 
shall forward the disputed ballots to the clerk of the nearest Superior Court in the 
county in which the election was held.
E.  Upon written request, the municipal clerk shall make the incoming voting list and 
absentee ballot materials, along with all records required by law to be kept in 
connection with the election, available for inspection, unless those materials have 
been requested as part of a state recount.
F.  After the recount, the municipal clerk shall reseal the package of ballots and 
incoming voting list and shall note on the package the fact that the recount was held 
and the date of the recount.
G.  In order to withdraw from a recount, a candidate must notify the municipal clerk 
of the intent to withdraw and the reason for withdrawal. The notice must be signed by 
the candidate, notarized and delivered to the municipal clerk prior to or during the 
scheduled recount. In the event of a withdrawal, the final election day tabulation is 
considered the final result.
SUMMARY
This bill amends the laws governing recounts in elections for municipal office to 
clarify that those laws apply to elections for all municipal offices.