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 2024-38, September 18, 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.

2. Island municipalities not recounted unless necessary. Ballots from island municipalities that are accessible only by boat will not be retrieved for inclusion in the recount, except that if, after all other municipalities have been recounted, the results are close enough that the recount cannot be resolved unless the island results are recounted.

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