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Page 1 - 132LR1204(03)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
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H.P. 368 - L.D. 600
An Act to Initiate Recounts in Tied Elections
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 apparent winner who
desires a recount must file with the Secretary of State a written request for a recount within
5 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.
APPROVED
MAY 23, 2025
BY GOVERNOR
CHAPTER
114
PUBLIC LAW
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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.