Recount laws in Maine

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An election recount is a process by which votes cast in an election are re-tabulated to verify the accuracy of the original results. Recounts typically occur in the event of a close margin of victory, following accusations of election fraud, or due to the possibility of administrative errors. Recounts can either occur automatically or be requested by a candidate or voters.


Note: The content below describes recount procedures in Maine. The information on this page is not intended to serve as a manual for those seeking to start or halt a recount; individuals seeking more information about specific processes and requirements should contact their state election agencies.

Summary of recount laws

The list below shows answers to common questions regarding recounts in Maine.[1]

  • Does state law require automatic recounts?
    • No.
  • When must an automatic recount be completed?
    • There are no automatic recounts in this state.
  • Can a recount be requested?
    • Yes, the recount can be requested within five business days of the election. The deadline for completion is 20 days after the election. No margin is required.
  • Who pays for a requested recount?
    • Varies. The state covers the cost of recounts if results fall within a specified close vote margin. These margins vary by election and office type, as described below. If the margins are larger than those covered by the state, the requester is responsible for costs associated with the recount.
  • Is a refund available for requested recount costs?
    • Yes. Costs paid by the requester are refunded if the recount changes the election outcome. For recounts that do not change the election outcome, a requester may receive a refund if the initial costs paid were greater than the actual cost of the recount.
  • Can a partial recount be requested?
    • No.

Maine recount procedures

Automatic recount procedures

Maine does not require automatic recounts.

Requested recount procedures

Requested recount procedures vary depending on the requester and the office. In all instances, requesters are responsible for costs associated with a recount if the margin is larger than those described below. If a requester pays for a recount and the recount changes the election outcome, the requester is refunded. Additionally, a requester may receive a refund even if the recount does not change the outcome if the amount paid was greater than the actual cost of the recount.

Candidate-requested recounts
The deadline to request a recount is no later than five business days after the election. Any losing candidate may request a recount unless ranked-choice voting was used, in which case only the top three finishers in the second-to-last round may request a recount. The state covers the cost of the recount under the following circumstances:

  • State legislative and single-county offices: if the margin between the requester and the winning candidate is less than or equal to 1.5% of the total votes cast.[1]
  • Statewide and multi-county offices: if the margin between the requester and the winning candidate is less than or equal to 1% of the total votes cast.[1]
  • Municipal offices: varies depending on the combined vote totals:[2]
    • Less than or equal to 2.5% if the combined vote totals for the candidates is 1,000 or less.
    • Less than or equal to 2% if the combined vote totals for the candidates is between 1,001 and 5,000.
    • Less than or equal to 1.5% if the combined vote totals for the candidates is 5,001 or more.

Voter-requested recounts
Voters may request recounts of ballot questions by meeting certain requirements:

  • Statewide: voters must submit a petition signed by at least 200 registered voters within eight business days after the election.[3] If the margin is less than or equal to 1% or 1,000 votes, the state covers the cost of the recount.[3]
  • Municipal: voters must submit an application of 10% or 100 registered voters in the municipality, whichever is less. Cost responsibilities pertaining to municipal ballot measure recounts are the same as those for municipal offices listed above.[4]

Use the following links for more information on Maine's recount procedures for state and county offices, municipal offices, statewide ballot measures, and municipal ballot measures.

Maine voting equipment

See also: Voting methods and equipment by state

Maine uses paper ballot systems for its elections.[5][6]

50-state overview of recount laws

The table below summarizes where state laws allow for automatic and requested recounts. Click "show" to view the table.


50-state overview of requested recounts

The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. Click "show" to view the table.


See also

Footnotes

  1. ↑ 1.0 1.1 1.2 Maine State Legislature, "§737-A. Recount," accessed October 16, 2020
  2. ↑ Maine Revised Statutes, "§2531-B. Recount of an election for office," accessed Oct. 19, 2020
  3. ↑ 3.0 3.1 Maine Revised Statutes, "§738. Statewide referendum ballots," accessed Oct. 19, 2020
  4. ↑ Maine Revised Statutes, "§2532. Referendum recount procedure," accessed Oct. 19, 2020
  5. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed October 7, 2015
  6. ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
  7. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  8. ↑ A court may order a recount under Arizona law.
  9. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  10. ↑ A recount alone cannot change the election results, but can be used to contest the election. At the end of that process, the court may choose not to levy costs against the prevailing party.
  11. ↑ Recounts occur as part of a contested election. A requester may be required to cover costs before the start of such an event. The court may choose to require the unsuccessful party in a contested election to cover the costs, which could involve a refund to the requester if he or she is the successful party.
  12. ↑ In the case of a court-ordered recount, candidates must pay, but will be refunded if the outcome changes. Regarding non-court-ordered recounts, state law does not mention whether the candidate is refunded in such a case.
  13. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  14. ↑ For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome.
  15. ↑ No mention in state law.
  16. ↑ No mention in state law.
  17. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
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