An Act to Initiate Recounts in Tied Elections
Maine Legislature, Session 132, LD 0600
Sponsors: MALON, TIPPING
Amends: 21-A MRSA §732, 21-A MRSA §737-A, 30-A MRSA §2528

Legislative Document
No. 600
H.P. 368
House of Representatives, February 25, 2025
An Act to Initiate Recounts in Tied Elections
Received by the Clerk of the House on February 20, 2025.  Referred to the Committee on 
Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative MALON of Biddeford.
Cosponsored by Senator TIPPING of Penobscot and
Representatives: BUNKER of Farmington, FROST of Belgrade.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  21-A MRSA §732, first ¶, as enacted by PL 1985, c. 161, §6, is amended 
to read:
When there is an apparent tie vote, the Secretary of State shall automatically initiate a 
recount. If a recount confirms a tie vote, the following provisions apply.
Sec. 2.  21-A MRSA §737-A, 3rd ¶, as amended by PL 2019, c. 320, §16, is further 
amended to read:
A Any candidate who is the apparent loser and other than the declared winner who 
desires a recount must file with the Secretary of State a written request for a recount within 
business days after the election, except that in an election determined by ranked‑choice 
voting, only a candidate who received one of the top 3 rankings at the end of the penultimate 
round of ranked‑choice counting may request a recount.  The recount is held under the 
supervision of the Secretary of State, who shall allow the candidate's representatives or 
counsel to recount the ballots.  The candidate may not act as a counter of ballots.
Sec. 3.  30-A MRSA §2528, sub-§10, as amended by PL 2021, c. 564, §1, is further 
amended to read:
10.  Election by plurality vote; tie vote.  Unless otherwise provided for at a municipal 
meeting held at least 180 days before the election, the provisions of this subsection apply.  
Election must be by plurality vote.  In the case of a tie vote, the municipal clerk shall 
automatically initiate a recount. If a recount confirms a tie vote, the meeting must be 
adjourned to a day certain, when ballots are again cast for the candidates tied for the office 
in question, unless all but one tied candidate withdraw from a subsequent election by 
delivering written notice of withdrawal signed by the candidate and notarized to the 
municipal offices within the 7-day period following the election.  After the 7-day period 
has expired, the municipal officers shall call a run-off election between the remaining 
candidates by posting a warrant in the manner required for calling a town meeting.  If only 
one candidate remains, that candidate is declared the winner and sworn into office.
If the meeting is adjourned sine die before a tie vote is resolved or the tie vote is discovered 
after the meeting adjourns sine die and more than one candidate remains, a new meeting 
must be called to conduct a run-off election by the method described in this subsection.
SUMMARY
This bill requires the Secretary of State to automatically initiate a recount when there 
is an apparent tie vote in an election. It allows any candidate other than the declared winner 
to file a request for a recount with the Secretary of State. It requires the municipal clerk to 
automatically initiate a recount in the case of a tie vote when a secret ballot is used for the 
election of town officials or for municipal referenda elections at a town meeting.