Audit Law Database – Maine

State Summary

As of 2025, Maine’s audit statute authorizes, though does not require, the secretary of state to audit federal and state offices as well as statewide referenda, using an audit, “conducted on the basis of statistical principles designed to limit the risk that certified election returns may produce an incorrect outcome.” Me. Stat. tit. 21-A, § 726.3. The secretary may also adopt rules governing the audit. Me. Stat. tit. 21-A, § 726.7.

The statute also required the secretary of state to conduct a risk-limiting audit pilot following the 2024 general election. In February 2025, the department of the secretary of state published a report with its audit research and recommendations (hereinafter, “February 2025 report”). Further details on the pilot program requirements are available in sections ZZ-2 and ZZ-4 of the Maine supplemental budget for fiscal year 2022-2023.

Unless otherwise specified, statutory references are to Me. Stat. tit. 21-A, § 726.

Voting Systems Used

Maine uses hand-marked paper ballots with optical scanners or hand count in polling places statewide, with ballot marking devices for accessibility. For the most up to date information please visit Verified Voting’s Verifier.

For an explanation on the types of voting equipment used, click here.

Audit Comprehensiveness

The audit statute does not specify which ballots are included in the audit.

Transparency

The audit is considered a public proceeding, although the secretary of state may limit the number of the representatives of the public or media in attendance if there is insufficient space. Me. Stat. tit. 21-A, § 726.5.

As of December 2025, the secretary of state must submit a summary to the legislature once every two years on any post-election audits conducted. Me. Stat. tit. 21-A, § 610.3. This provision does not require the report to be public.

Audit Counting Method

Auditors must visually examine each original paper ballot selected for the audit. Me. Stat. tit. 21-A, § 726.3.

Type Of Audit Units

The audit unit is not specified in the statute, which we interpret to mean that a mix of audit unit types is possible. Note that Maine initially tested ballot polling audits and, based on that trial, opted to utilize ballot comparison audits in its March 2025 pilot. Both methods treat individual ballots as the audit unit.

Contests & Issues Audited

Contested elections for federal or state offices as well as elections on statewide referenda are eligible for audit. Me. Stat. tit. 21-A, § 726.1. The statute does not specify which contests are audited but instead allows the secretary of state to establish in rule how specific contests are selected for audit. Me. Stat. tit. 21-A, § 726.4.

The February 2025 report recommended that “audits be performed where the margin of victory is less than 4% but the race has not been subject to recount.”

Addressing Discrepancies

Although the statute does not require that audits take place, it does require that they be conducted “on the basis of statistical principles designed to limit the risk that certified election returns may produce an incorrect outcome.” Me. Stat. tit. 21-A, § 726.3. We interpret this as signifying risk-limiting audits. The February 2025 report noted, “The law describes what is commonly referred to as a risk-limiting audit.”

For recount laws, see the Recount Law Database.

Timeline

The statute does not specify when the audit must be completed.

Binding On Official Outcomes

The statute does not specify whether the audit is binding.

Oversight & Conduct

The secretary of state may adopt rules that govern the audit. Me. Stat. tit. 21-A, § 726.7. The statute refers to “auditors” without clarifying who may serve as an auditor. However, it does appear to envision the participation by staff in the department of the secretary of state in the audit. See Me. Stat. tit. 21-A, § 726.6.

Ballot Protection

The warden of each polling place is in charge of making sure the ballot box is attended to during the election, at the close of which the warden gives the ballot box to the clerk, who is generally in charge of keeping it secure. For more information see Me. Stat. tit. 21-A, §§ 628, 609, and 698.

Auditors are also charged with reviewing records that document chain of custody and secure storage of ballots as part of the audit. Me. Stat. tit. 21-A, § 726.3.