30-A §2531-A. Recount hearing
Title 30-A: MUNICIPALITIES AND COUNTIES HEADING: PL 1987, C. 737, PT. A, §2 (NEW)
Part 2: MUNICIPALITIES HEADING: PL 1987, C. 737, PT. A, §2 (NEW)
Subpart 3: MUNICIPAL AFFAIRS HEADING: PL 1987, C. 737, PT. A, §2 (NEW)
Chapter 121: MEETINGS AND ELECTIONS HEADING: PL 1987, C. 737, PT. A, §2 (NEW)
Subchapter 2: TOWN MEETINGS AND ELECTIONS HEADING: PL 1987, C. 737, PT. A, §2 (NEW)
§2531-A. Recount hearing
This section governs all recount hearings in any election for municipal office. Recount procedures for other offices do not apply to elections for municipal office. [1993, c. 608, §13 (NEW).]
A candidate other than a declared winner in an election may apply in writing to the municipal clerk for a recount, pursuant to subsection 4, within 5 days after the results of an election for municipal office are declared or within 5 days after an inspection pursuant to section 2530-A. The final day of the periods provided in this paragraph ends at the close of regular business hours in the office of the municipal clerk. [1993, c. 608, §13 (NEW).]
Any recount pursuant to this section is subject to the following provisions. [1993, c. 608, §13 (NEW).]
1. When deposit is required. A deposit is not required if the candidate requesting the recount has already paid a deposit pursuant to an inspection under section 2530-A for the same office in the same election or if the percentage difference shown by the official tabulation is equal to or less than:
A. Two and one-half percent, if the combined vote for the candidates is 1,000 or less; [1993, c. 608, §13 (NEW).]
B. Two percent, if the combined vote for the candidates is 1,001 to 5,000; or [1993, c. 608, §13 (NEW).]
C. One and one-half percent, if the combined vote for the candidates is 5,001 or over. [1993, c. 608, §13 (NEW).]
For purposes of this subsection, "percentage difference" means 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.
[ 1993, c. 608, §13 (NEW) .]
2. Amount of deposit. The amount of the deposit is determined by the municipal clerk and must be 50% of the reasonable estimate of the cost to the municipality of performing the recount.
[ 1993, c. 608, §13 (NEW) .]
3. Forfeiture or refund of deposit. All deposits required by this section must be made with the municipal clerk when a ballot inspection is requested. This deposit, made by the candidate requesting the ballot inspection, is forfeited to the municipality if a recount fails to change the result of the election. If a recount changes the result of the election, the deposit must be returned to the candidate who paid the deposit. After the completion of the recount, if the recount has not changed the result of the election, the municipality shall calculate the actual cost of the procedure. If the deposit was greater than the actual cost, the overpayment must be refunded to the candidate. If the actual cost was greater than the deposit, the candidate shall pay the remainder of the actual cost to the municipality. A candidate who is not required to pay a deposit pursuant to subsection 1 may not be charged for the inspection or recount regardless of whether the procedure changes the result of the election.
[ 1993, c. 608, §13 (NEW) .]
4. Written request. The candidate must request the recount by filing a written request with the municipal clerk within the time period provided in this section. The written request must state the office for which that person was a candidate and the reason for the recount based on the candidate's own knowledge or on information and belief.
[ 1993, c. 608, §13 (NEW) .]
5. Date of hearing and notice. When the petition has been filed, the municipal clerk shall immediately set a date for the recount hearing, which must be held within 5 days after the petition is filed. The municipal clerk shall notify the municipal officers, the petitioner and the opposing candidates of the hearing date.
[ 1993, c. 608, §13 (NEW) .]
6. Procedure at recount. The procedure at the recount hearing is as follows.
A. The municipal clerk shall sort and count the votes under the supervision of the municipal officers who were in office immediately before the election. If the votes were originally counted by automatic tabulating equipment, the municipal clerk may use automatic tabulating equipment to recount the votes. [1993, c. 608, §13 (NEW).]
B. The municipal officers in making corrected returns, in their discretion, may accept any facts that the candidates agreed upon at the ballot inspection. [1993, c. 608, §13 (NEW).]
C. The petitioner or the petitioner's opponents may have all ballots in any way involved in the election and all records required by law to be kept in connection with absentee ballots displayed for counting or inspection. [1993, c. 608, §13 (NEW).]
D. Witnesses may be called by the candidates and may be sworn by any municipal officer. If authorized by the municipal officers, the municipality shall pay witness fees as provided in Title 16, section 251. A record of the recount proceedings must be kept if a candidate so requests. [1993, c. 608, §13 (NEW).]
E. If, during the recount, the election is conceded to a candidate by a statement signed by the other interested candidates and addressed to the municipal officers, the municipal officers shall stop the recount and issue a certificate of election to the candidate whose election is conceded. [1993, c. 608, §13 (NEW).]
[ 1993, c. 608, §13 (NEW) .]
7. Package resealed and marked. After the recount, the municipal clerk shall reseal the packages of ballots and the incoming voting lists and shall note the fact and date of the recount on them.
[ 1993, c. 608, §13 (NEW) .]
8. Withdrawal from recount. A losing candidate who requests and receives a recount may withdraw from the recount at any time while the recount shows that candidate to be the loser. If, during the recount, the losing candidate overtakes and passes the winning candidate, the losing candidate may not withdraw and the recount must be completed.
[ 1993, c. 608, §13 (NEW) .]
9. Certificate of election. Within 24 hours after the results of a contested election are determined, the municipal officers shall certify the results of their count to the respective candidates involved and issue a certificate of election to the candidate whom they find to have been elected. This certificate of election supersedes any certificate issued previously.
[ 1993, c. 608, §13 (NEW) .]
10. Calculation of time. The periods established in this section must be calculated according to the Maine Rules of Civil Procedure, Rule 6(a). The final day of any period calculated pursuant to this section ends at the close of regular business hours in the office of the municipal clerk. Actions required to be taken by the end of a day certain that are taken after the close of regular business hours in the office of the municipal clerk on the day certain are not timely.
[ 1993, c. 608, §13 (NEW) .]
11. Resolution; disputed or challenged ballots. A municipality may provide by ordinance, or order of the municipal officers, a method for resolving disputed or challenged ballots in an election in which there are enough challenged or disputed ballots to affect the result of the election. The ordinance or order may delegate the municipal officers' responsibility to resolve disputed or challenged ballots to an independent panel or the Superior Court. An independent panel consists of 3 members chosen by a majority vote of the municipal officers. A member of the independent panel may not be a municipal officer or a candidate in the election. If the delegation is to the Superior Court, the municipal clerk shall forward the disputed or challenged ballots and related records to the clerk of the nearest Superior Court in the county in which the election was held. If the delegation is to an independent panel, the municipal clerk shall provide a location for the panel to conduct its duties and in such manner that ensures the security of the ballots and related records at all times. The Superior Court or the independent panel shall determine the result of the election as soon as reasonably possible. The decision of the Superior Court or the independent panel is final and must be certified to the municipal clerk.
[ 1999, c. 712, §1 (NEW) .]
SECTION HISTORY
1993, c. 608, §13 (NEW). 1999, c. 712, §1 (AMD).