Code of Maine Rules › 29 - DEPARTMENT OF THE SECRETARY OF STATE › 250 - BUREAU OF MOTOR VEHICLES › Bureau of Corporations, Elections and Commissions › Chapter 502 - RULES GOVERNING THE CONDUCT AND PROCEDURES FOR ELECTION RECOUNTS, IN ELECTION CONTESTS DETERMINED BY PLURALITY › Part B - PROCEDURES FOR STATEWIDE OR MULTICOUNTY RECOUNTS › Section 250-502-1 - RECOUNT CONDUCTED IN STAGES

Current through 2024-29, July 17, 2024
1.
Designated stages for recount
. The Secretary of State will create
					 a list of municipalities to be recounted, presented in descending order of the
					 total votes cast for the office or referendum in each municipality, except that
					 the island municipalities described in subsection 2 will be listed in
					 descending order at the end of the list. The total votes cast figures will be
					 based on the Return of Votes Cast reported by the municipalities to the
					 Secretary of State within 3 business days after the election.
A.
Stage I selected by Secretary of
					 State
. The Secretary of State will select the top 5 municipalities in
					 terms of total votes cast for Stage I of the recount, unless the aggregate of
					 the total votes cast for these municipalities is less than 10% of the total
					 votes cast for the office or referendum. In that event, the Secretary of State
					 will select additional municipalities in descending order until the aggregate
					 totals are greater than or equal to I 0% of the total votes cast for the office
					 or referendum. The Secretary of State will then notify the State Police of the
					 selected municipalities whose materials will be retrieved and delivered to the
					 recount location.
B.
Stage II
					 selected by the recount participants
. Prior to the end of Stage I of the
					 recount, the candidate or side of the referendum who requested the recount will
					 be asked if they wish to concede the recount or if they wish to continue to the
					 next stage. If the requesting party wishes to continue, each side will be asked
					 to select up to 5 municipalities, other than the island municipalities
					 described in subsection 2, which they would like to recount in Stage II. If the
					 aggregate of the total votes cast in this group of municipalities is less than
					 10% of the total votes cast for the office or referendum, the Secretary of
					 State may add municipalities to be recounted - either municipalities whose
					 ballots have already been retrieved for another recount, or, if none, then the
					 next municipalities ranked in terms of the highest total votes cast, until the
					 Stage JI aggregate totals are greater than or equal to 10% of the total votes
					 cast for the office or referendum.
C.
Additional stages
. Prior to
					 the end of Stage II and each subsequent stage, the requesting patty wit I again
					 be asked if they wish to concede the recount or if they wish to continue to the
					 next stage. If the requesting party wishes to continue, the Secretary of State
					 will select the municipalities to be recounted in the next stage, unless the
					 requestor presents a list of not more than 10 jurisdictions that if recounted
					 in the next stage would lead to a concession if the results do not change
					 significantly in that stage. In selecting the municipalities for Stage III and
					 subsequent rounds, the Secretary of State will select first from among any
					 municipalities whose ballots have already been retrieved for another recount,
					 or if none, then the next municipalities in order of the highest total votes
					 cast, until the aggregate totals for the stage are greater than or equal to 5%
					 of the total votes cast for the office or referendum. The recount will continue
					 in stages until the requesting party concedes the recount.