State Summary

Maine’s election code does not allow automatic recounts, but it does provide for taxpayer-funded recounts when the election falls within a specific close vote margin. The required close vote margin depends on the office; for statewide or multicounty recounts, the close vote margin for a taxpayer-funded recount is 1% or less than the total votes cast for that office and not more than 1,000 votes, whichever is less (see “Close Vote Margin Options” for details). The “apparent losing candidate” may also petition for a recount within five business days after the election. If the apparent winner is determined to be the losing candidate after the official tabulation, that candidate may request a recount within three business days after the Governor receives the tabulation. Note that in a ranked-choice voting contest, only one of the top three candidates in the penultimate round of counting may request a recount. Voters may request recounts of ballot questions; the deadline for a request depends on the type of referendum. We could not find a recount completion deadline in statute. Recounts in Maine are conducted by hand.

Counting Method

Hand count only

Ballots that are machine tabulated or hand-counted on election night will be recounted by hand. 29 250 Me. Code R. 502 § 3(5)(C).

Candidates provide the representatives who count the ballots under the supervision of the secretary of state, the recount supervisors, and the assistants designated by the secretary of state. Me. Rev. Stat. tit. 21-A, § 737-A, and 29 250 Me. Code R. 502 § 2(1) and 5(B).

See the ranked choice rules for counting in 29 250 Me. Code R. 536.

Initiating Mechanisms

Close vote margin
Candidate-initiated
Voter-initiated

Close Vote Margin Options

Vote count difference (not percentage-based)
Varies by number of votes cast
Varies by election contest
Initiated by request

For an election for the office of state senator or state representative or for a county office that does not encompass more than one county, a taxpayer-funded recount is available and a deposit is not required if the percentage difference between the leading candidate and the requesting candidate is 1.5% or less of the total votes cast for that office. Me. Rev. Stat. tit. 21-A, § 737-A(1)(A).

For statewide or multicounty recounts, if the difference shown by the official tabulation between the leading candidate and the requesting candidate is 1% or less of the total votes cast for that office or not more than 1,000 votes, whichever is less, the requesting candidate is entitled to a taxpayer funded recount. Me. Rev. Stat. tit. 21-A, § 737-A(1-A).

For township and municipal candidates, no deposit is required and the candidates may not be charged for the costs of recounts in certain situations. The eligibility for these recounts is based on the percentage difference between candidates. The percentages, specified in statute, will vary according to the combined vote totals for the candidates. These recounts require a written request. Me. Rev. Stat. tit. 30-A, § 2531-B(4) and B(8).

Timing: Me. Rev. Stat. tit. 21-A, § 737-A and Me. Rev. Stat. tit. 30-A, § 2531-B.

Candidate-Initiated Options

The apparent losing candidate in an election may request a recount for all offices for general and primary elections. In an election determined by ranked‑choice voting, only a candidate who received one of the top three rankings at the end of the penultimate round of ranked‑choice counting may request a recount. Me. Rev. Stat. tit. 21-A, § 737-A , Me. Rev. Stat. tit. 30-A, § 2531-B, Me. Rev. Stat. tit. 20-A, § 1253(2)(B)(7), and Me. Rev. Stat. tit. 20-A, § 1473(2)(C)(7).

Timing: See Me. Rev. Stat. tit. 21-A, § 737-A and Me. Rev. Stat. tit. 30-A, § 2531-B(4).

Voter-Initiated Options

Voters may request recounts for initiatives/questions

To request a recount of a statewide referendum, a petition signed by 200 or more registered voters must be submitted to the Secretary of State within eight business days after the election. Within two days of receiving the request, the Secretary of State shall provide a petition form for this purpose to any registered voter in the state. Me. Rev. Stat. tit. 21-A, § 738(1).

For town, city or school district ballot questions, a recount must be granted upon a written application of 10% or 100, whichever is less, of the registered voters in the municipality (or in some cases the “persons whose names were checked on the voting list”). Me. Rev. Stat. tit. 30-A, §§ 2532, 2354(5), and 2556.

Timing: Me. Rev. Stat. tit. 21-A ME, §§ 737-A and 738, Me. Rev. Stat. tit. 30-A, §§ 2531-B and 2532.

Cost for Candidate-Initiated Recounts

Payor of costs depends on outcome

For recounts in state legislative or single county elections, candidates pay a set fee for the recount when the percentage difference shown by the official tabulation between the leading candidate and the requesting candidate is more than 1.5%. This set fee increases as the percentage difference increases. If the recount changes the outcome of the election, the deposit is refunded to the petitioner. Me. Rev. Stat. tit. 21-A, § 737-A(1).

For recounts in statewide or multicounty offices, if the difference shown by the official tabulation between the leading candidate and the requesting candidate is more than 1% of the total votes cast for that office or more than 1,000 votes, whichever is less, the deposit is $5,000 or 10% of the reasonable estimate of the cost to the State of performing the first stage of the recount, whichever is greater. If the recount changes the outcome of the election, the deposit is refunded to the petitioner. Me. Rev. Stat. tit. 21-A, § 737-A(1-A).

For recounts in any election for municipal office, a deposit is required when the percentage difference between candidates exceeds one of three percentages: 1.5%, 2.0% or 2.5%. The applicable percentage is based on the combined vote for the candidates. For these recounts, “percentage difference" is defined as “the difference between the percentage of the total votes for an office received by the candidate requesting a recount and the percentage of the total votes for that office received by the nearest winning candidate.” Me. Rev. Stat. tit. 30-A, § 2531-B.

The deposit is determined by the clerk of the municipality and must be at least 50% of the reasonable estimate of the cost to the municipality performing the recount. If the recount changes the outcome of the election, the deposit is refunded to the petitioner. If the recount doesn’t change the result of the election, the municipality calculates the actual cost of the recount and refunds to the candidate any overpayment. If the actual cost was greater than the deposit, the candidate shall pay the remainder of the actual cost to the municipality. Me. Rev. Stat. tit. 30-A, § 2531-B(7) and (9).

Note that candidates do not need to pay a deposit and are not charged for requesting recounts that are described in the close-vote-margin section above.

Cost for Voter-Initiated Recounts

Payor of costs depends on outcome

For a statewide referendum, if “the difference shown by the official tabulation between the yes and the no votes is more than 1% of the total votes cast for that question or more than 1,000 votes, whichever is less, the deposit is $5,000 or 10% of the reasonable estimate of the cost to the State of performing the first stage of the recount, whichever is greater. After the completion of the recount, if the recount has not changed the result of the election, the Secretary of State shall calculate the cost of the procedure, which must be paid by the petitioners. If the deposit is greater than the actual cost, the overpayment must be refunded to the petitioners. If the actual cost is greater than the deposit, the petitioners shall pay to the State the remainder of the actual cost…. If a recount reverses the result of the election, the deposit must be returned to the petitioners." Me. Rev. Stat. tit. 21-A, § 738.

For recounts of municipal referenda, the deposit requirements that apply to candidates under section Me. Rev. Stat. tit. 30-A, § 2531-B are used, except that provisions in section 2531-B "applicable to the candidate requesting the recount and candidates not requesting the recount apply, for purposes of this section, to the official representative of the referendum recount and the official representative, if any, of the voters opposed to the recount, respectively." Me. Rev. Stat. tit. 30-A, § 2532.

Note that voters do not need to pay a deposit and are not charged for initiating recounts that are described in the close-vote-margin section above.

Challengers and Observers

Party/candidate/initiator may appoint observers and challengers; recount is public

Recounts are public proceedings although space may be limited. 29 250 Me. Code R. 502 § 2(2) and Me. Rev. Stat. tit. 30-A, § 2531-B(5).

Candidates may have their representatives or counsel inside the secure recount area. The candidate's representatives conduct the counting for the recount. These representatives may also dispute the validity of particular ballots. Candidates and the public must remain outside the secure recount area. 29 250 Me. Code R. 502 § 2(5)(B), Me. Rev. Stat. tit. 30-A, § 2531-B(11) and 29 250 Me. Code R. 502 § 3(1) and (6).

Rules for Determining Voter Intent

The secretary is authorized to adopt rules for determining voter intent. Me. Rev. Stat. tit. 21-A, § 696(6). See 29 250 Me. Code R. 550 for rules for determining voter intent and 29 250 Me. Code R. 535 § 4(2)(B) for skipped rankings for ranked choice voting.

Resources

Me. Rev. Stat. tit. 20-A, § 1253
Me. Rev. Stat. tit. 20-A, § 1473
Me. Rev. Stat. tit. 21-A, § 737-A
Me. Rev. Stat. tit. 21-A, § 738
Me. Rev. Stat. tit. 30-A, § 2354
Me. Rev. Stat. tit. 30-A, § 2531-B
Me. Rev. Stat. tit. 30-A, § 2532
Me. Rev. Stat. tit. 30-A, § 2556
29 250 Me. Code R. 502
29 250 Me. Code R. 535
29 250 Me. Code R. 536
29 250 Me. Code R. 550

Additional Resources

Maine Revised Statutes
Code of Maine Rules--Chapters for the Dept. of the Secretary of State
Maine Secretary of State