Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 535 - RULES GOVERNING THE ADMINISTRATION OF ELECTIONS DETERMINED BY RANKED-CHOICE VOTING › Section 250-535-4 - Vote Counting Procedures

Current through 2024-29, July 17, 2024
1.
Municipal
				  vote counting and reporting.
After the polls close on election day,
				  election officials in each municipality will tally the ballots either by
				  hand-count or by using an approved tabulation system as authorized by the
				  Secretary of State and will record the first choice votes cast for all
				  ranked-choice voting contests in the same manner as for contests determined by
				  plurality pursuant to 21-A M.R.S.A. §695. Each municipality will prepare
				  an election return and will submit an attested copy of the election return to
				  the Secretary of State within 3 business days after election day as provided in
				  21-A M.R.S.A. §§711 and 712.
2.
Ranked-choice vote counting
A.
General procedures.
If no
				  candidate receives more than 50% of the first choice votes based on the
				  election returns provided by municipalities under subsection 1 of this section,
				  the RCV count must be conducted under the supervision of the Secretary of State
				  in successive rounds, as further described in Section 6 of these rules. In each
				  round, the number of votes for each continuing candidate must be counted. Each
				  continuing ballot counts as one vote for its highest-ranked continuing
				  candidate for that round. Exhausted ballots are not counted for any continuing
				  candidate. At the end of each round, if more than 2 candidates remain, the
				  last-place candidate is defeated, and the vote for the next-highest-ranked
				  continuing candidate on the defeated candidate's ballots is then counted in the
				  next round. More than one candidate may be defeated in a single round by batch
				  elimination, as defined in paragraph B(7) below. In the final round, when only
				  2 continuing candidates remain, the candidate with the most votes in that round
				  is the winning candidate.
B.
Handling of certain ballot rankings.
As provided in 21-A M.R.S.A
				  §723-A, sub-§1, and these rules, the following ballot ranking
				  situations will be counted as follows:
(1)
Overvote.
An overvote occurs when a voter marks more than one
				  candidate for the same ranking (i.e., in the same ranking column). An overvote
				  invalidates the overvoted rankings and all subsequent rankings marked for that
				  contest on the ballot.
(2)
Single skipped ranking.
A single skipped ranking occurs when a
				  voter does not mark(i.e., skips or leaves blank) aranking but marks the
				  subsequent ranking for a candidate. The single skipped ranking is ignored, and
				  the subsequent ranking is counted in the current round, as long as that ranking
				  is for a continuing candidate. For example, if the voter did not mark any
				  candidate for the first ranking, but marked a continuing candidate for the
				  second ranking, then the second ranked choice is counted in the first round of
				  the RCV count.
(3)
Two
				  consecutive skipped rankings.
When a voter does not mark (i.e., skips or
				  leaves blank) two or more consecutive rankings, then the ballot is deemed
				  exhausted for that contest, and no subsequent candidate rankings marked on that
				  ballot are counted.
(4)
Duplicate ranking for the same candidate.
A duplicate ranking
				  occurs when a voter marks more than one ranking column for the same candidate.
				  If a voter marks a duplicate ranking for one candidate and ranks no other
				  candidates, then the ballot will be counted for the highest ranking of that
				  candidate. If the candidate with the duplicate ranking is defeated, the ballot
				  is deemed exhausted for that contest and no subsequent candidate rankings
				  marked on that ballot are counted. If a voter marks a duplicate ranking for one
				  candidate but also ranks other candidates, and if the candidate with the
				  duplicate ranking is defeated, then the vote for the next continuing candidate
				  ranked by that voter will be counted in the next round.
(5)
No ranking for a continuing
				  candidate.
In any round, if a voter has not ranked any continuing
				  candidate, the ballot is deemed exhausted for that contest, and no subsequent
				  candidate rankings marked on that ballot are counted.
(6)
Ties.
A tie between
				  candidates for the most votes in the final round must be decided by lot and the
				  candidate chosen by lot is defeated. A tie between last-place candidates in any
				  other round must be decided by lot and the candidate chosen by lot is defeated,
				  except that tied candidates who are mathematically impossible to be elected as
				  defined in 21-A M.R.S.A. §723-A, sub-§1, paragraph G, may be defeated
				  by batch elimination, as defined in 21-A M.R.S.A. §723-A, sub-§1,
				  paragraph A. The result of the tie resolution must be recorded and relied upon
				  in the event of a recount.
(7)
Batch elimination.
Batch elimination means the simultaneous defeat
				  of multiple candidates for whom it is mathematically impossible to be elected,
				  as defined in 21-A M.R.S.A. §723-A, sub-§1, paragraph G.