An Act To Clarify Recounts in Municipal Elections
Maine Legislature, Session 129, LD 1476
Committee Amendment CA_A_H421 (House)
Amends: 30-A MRSA §2531-B, 30-A MRSA §2532

COMMITTEE AMENDMENT .. p,, to H.P. 1078, L.D. 1476, Bill, "An Act To 
Clarify Recounts in Municipal Elections" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 30-A MRSA §2531-B, as amended by PL 2017, c. 191, §1, is repealed 
and the following enacted in its place: 
§2531-B. Recount of an election for office 
This section governs all recounts in any election for municipal office. 
4. Recount request and procedure. A candidate, including a write-in candidate, 
other than the declared winner in an election may apply to the municipal clerk in writing 
for a recount. Written recount requests must be received by the clerk within 5 business 
days after the day of the contested election or within 5 business days after an inspection 
pursuant to section 2530-A in order to be valid. 
5. Public proceeding. A recount is a public proceeding open to public attendance, 
subject to reasonable restrictions necessary to protect recount integrity or resulting from 
space limitations. 
6. Recount security. The municipal clerk shall maintain control over the ballots and 
other recount materials. No recount personnel other than the clerk may have access to the 
areas where ballots are stored unless accompanied by the clerk or the clerk's designee. A 
person who causes a disruption of the recount process may be removed from the area at 
the discretion of the clerk. 
7. Amount of deposit. A candidate requesting a recount shall pay a deposit to the 
municipal clerk when the recount is requested in an amount determined by the municipal 
clerk, which must be at least 50% of the reasonable estimate of the cost to the 
municipality performing the recount. 
COMMITTEE AMENDMENT 
A. cl S. 
COMMITTEE AMENDMENT • .ff,,:o H.P. 1078, L.D. 1476 
8. Deposit not required. Notwithstanding subsection 7, a deposit is not required for 
a recount if the percentage difference of the total votes of the official tabulation is equal 
to or less than: 
A. Two and one-half percent, if the combined vote for the candidates is 1,000 or less; 
B. Two percent, if the combined vote for the candidates is 1,001 to 5,000; or 
C. One and one-half percent, if the combined vote for the candidates is 5,001 or 
over. 
For purposes of this subsection, "percentage difference" means the difference between the 
percentage of the total votes for an office received by the candidate requesting a recount 
and the percentage of the total votes for that office received by the nearest winning 
candidate. 
9. Forfeiture or refund of deposit. If a recount changes the result of an election, a 
deposit under subsection 7 must be returned to the candidate who paid the deposit. If the 
recount does not change the result of the election, the municipality shall calculate the 
actual cost to the municipality of performing the recount. If the deposit was greater than 
the actual cost, the overpayment must be refunded to the candidate who paid the deposit. 
If the actual cost was greater than the deposit, the candidate who requested the recount 
shall pay the remainder of the actual cost to the municipality. A candidate who is not 
required to pay a deposit pursuant to subsection 8 may not be charged for the recount 
regardless of whether the recount changes the result of the election. 
10. Date of recount and notice. When a recount request has been filed pursuant to 
subsection 4, along with a deposit if a deposit is required pursuant to subsection 7, the 
municipal clerk immediately shall set a date for the recount, which must be held as soon 
as reasonably possible at a date and time that affords the candidate who requested the 
recount a reasonable opportunity to be present. The municipal clerk shall notify the 
public, the municipal officers, the candidate who filed the recount request and all other 
candidates on that election ballot of the recount date and location. Notice must be posted 
pursuant to Title 1, section 406. 
11. Procedure at recount. A recount in an election of a municipal officer 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 Secretaty of State pursuant to Title 21-A, 
section 696, subsection 6. 
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fi. ot~. 
COMMITTEE AMENDMENT .fr to H.P. 1078, L.D. 1476 
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. 
12. 
Results of recount. 
Within 24 hours after the results of the recount are 
determined, the municipal clerk shall prepare, sign and issue a final recount tabulation. 
Sec. 2. 30-A MRSA §2532, as amended by PL 2017, c. 191, §2, 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 registered voters in the municipality. 
The 
application must designate a person to be the official representative of the registered 
voters requesting the recount including the person's legal name, mailing address. 
residence address and telephone number. An official representative for the registered 
voters opposing the recount may be established by submission of an affidavit signed by 
registered voters of the municipality. 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 a referendum recount, except that 
provisions in section 2531-B applicable to the candidate requesting the recount and 
candidates not requesting the recount apply, for purposes of this section, to the official 
representative of the referendum recount and the official representative. if any. of the 
voters opposed to the recount. respectively.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
COMMITTEE AMENDMENT 
rt Qt s. 
COMMITTEE AMENDMENT .. !J,, to H.P. 1078, L.D. 1476 
SUMMARY 
This amendment strikes the bill. It repeals and replaces the Maine Revised Statutes, 
Title 30-A, section 2531-B to add an optional process for the recount of municipal 
elections. Current section 2531-B requires municipalities to follow the recount 
procedures established for statewide elections in Title 21-A. The amendment amends the 
referendum recount procedures in Title 30-A, section 2532 by establishing a process to 
identify the official representative of the voters seeking a referendum recount and an 
official representative of those opposed to the referendum recount. 
COMMITTEE AMENDMENT