Recount laws in Maine: Difference between revisions
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'''Maine law''' requires an automatic recount in tie races. Candidates and voters can request a recount. The state pays recount costs only if a race is within a certain margin, otherwise the requester must pay. A refund is available if the recount changes the outcome of the election. | '''Maine law''' requires an automatic recount in tie races. Candidates and voters, regarding a ballot measure, can request a recount. The state pays recount costs only if a race is within a certain margin, otherwise the requester must pay. A refund is available if the recount changes the outcome of the election. | ||
<center><p></p><div style="background-color:#F0F0F0; padding:10px; margin:10px; border:1px solid #A3B1BF; line-height:150%; font-size: 90%; width:auto;display:table-cell; text-align:left;">'''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]].</div></center> | <center><p></p><div style="background-color:#F0F0F0; padding:10px; margin:10px; border:1px solid #A3B1BF; line-height:150%; font-size: 90%; width:auto;display:table-cell; text-align:left;">'''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]].</div></center> | ||
Latest revision as of 18:33, 29 September 2025
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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.
Maine law requires an automatic recount in tie races. Candidates and voters, regarding a ballot measure, can request a recount. The state pays recount costs only if a race is within a certain margin, otherwise the requester must pay. A refund is available if the recount changes the outcome of the election.
Summary of recount laws
The list below shows answers to common questions regarding recounts in Maine.[1]
- Does state law require automatic recounts?
- Yes, when a tie vote occurs.
- When must an automatic recount be completed?
- No set deadline.
- Can a recount be requested?
- Yes, the recount can be requested within five business days of 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
A recount is automatically initiated in Maine only in cases where a state or municipal race is tied.[2]
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:[3]
- 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.[4] If the margin is less than or equal to 1% or 1,000 votes, whichever is less, the state covers the cost of the recount.[4]
- Municipal: voters must submit an application of 10% or 100 registered voters in the municipality, whichever is less. In addition, a recount can be ordered by a majority vote of the municipal officers if a municipal referendum passes or fails by less than 1% of all votes cast.[5] Cost responsibilities pertaining to municipal ballot measure recounts are the same as those for municipal offices listed above.[6]
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 hand-marked paper ballots and ballot-marking devices in its elections.[7]
Noteworthy events
Maine's 2nd Congressional District election (2018)
Jared Golden (D) led Bruce Poliquin (R) by 1.0 percent. Poliquin requested the recount, and state law required he pay a $5,000 deposit because the margin of victory exceeded the maximum threshold for an automatic recount. Poliquin later requested the recount be called off.
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.
As of September 2025, state law in 48 states included a recount provision, automatic recounts are possible in 28 states, and requested recounts are possible in 43 states.
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.
As of September 2025, the requester of a recount pays for the recount in 23 states, the state pays in seven states, in 11 states it depends on the circumstances of the election or the recount, and in two states it is unclear which party pays for the recount. In 27 states a refund may be available for a requested recount, in four states a refund depends on the circumstances of the recount, and in five states no refund is available. The remaining 14 states have state-funded requested recounts or do not have requested recounts. In 27 states a partial recount may be requested.
| State[10] | Who pays for a requested recount? | Refund available? | Can candidates request a partial recount? | Citation |
|---|---|---|---|---|
| Alabama | Requester | Yes | Yes | 16-20,21 |
| Alaska | State/Requester Depends on margin |
Yes | Yes | 20.430-490 |
| Arizona | No requested recounts | N/A | No | 16-661,249 |
| Arkansas | Requester | Yes | No | 7-5-319 |
| California | Requester | Yes | Yes | 15620-15634 |
| Colorado | Requester | Yes | No | 10.5-101-109 |
| Connecticut | No requested recounts | N/A | No | 9-445,6-311a |
| Delaware | State | N/A | Yes | 5702(C,E) |
| District of Columbia | Requester | Yes | Yes | 1-1001.11(a) |
| Florida | No requested recounts | N/A | No | 102.141,166 |
| Georgia | State | N/A | Yes | 21-2-495,499 |
| Hawaii | No requested recounts | N/A | No | 11-158 |
| Idaho | State/Requester Depends on margin |
Yes | Yes | 34-2301-2309 |
| Illinois | Requester | Maybe[11] | Yes | 5/22-9.1, 18 |
| Indiana | Requester | Yes | Yes | 3-12-11-1-10 |
| Iowa | State | N/A | No | 43.56 & 50.48 |
| Kansas | State/Requester Depends on margin |
Yes | Yes | 25-3107 |
| Kentucky | Requester | No | Yes | 120.017,095,185,250,280 |
| Louisiana | Requester | Yes | Yes | 18-1451 & 1453 |
| Maine | State/Requester Depends on margin |
Yes | No | 737-A |
| Maryland | State/Requester Depends on margin |
Yes | Yes | 12-101-107 |
| Massachusetts | State | N/A | Yes | 54:135,A,B |
| Michigan | Requester | Yes | Yes | 168.879-894 |
| Minnesota | State/Requester Depends on margin |
Yes | Yes | 204C.35-361 |
| Mississippi | No requested recounts | N/A | No | N/A |
| Missouri | Requester | Maybe[12] | No | 115.601 |
| Montana | State/Requester Depends on margin |
Maybe[13] | No | 13-16-201-11 |
| Nebraska | Requester | Yes | Yes | 32-1119,1121 |
| Nevada | Requester | Yes | No | 293.403-405 |
| New Hampshire | State/Requester Depends on election type[14] |
Varies[15] | No | 660:1-16 |
| New Jersey | Requester | Yes | Yes | 19:28-1,2,3 |
| New Mexico | Requester | Yes | Yes | 1-14-14 to 25 |
| New York | Unclear[16] | No | No | 9-208 |
| North Carolina | State | N/A | No | 163-182.7,182.7A |
| North Dakota | Requester | No | No | 16.1-16-01 |
| Ohio | Requester | Yes | Yes | 3515.01-072 |
| Oklahoma | Requester | Yes | Yes | 26-8-109 to 117 |
| Oregon | Requester | Yes | Yes | 258.006-300 |
| Pennsylvania | Requester | Yes | Yes | 3154g,3261-3 |
| Rhode Island | Unclear[17] | No | No | 17-19-37.1 |
| South Carolina | No requested recounts | N/A | No | 7-17-280 |
| South Dakota | State | N/A | Yes | 12-21-1 to 37 |
| Tennessee | No requested recounts | N/A | No | 2-17,18 |
| Texas | Requester | Yes | Yes | 211 to 216 |
| Utah | State/Requester Depends on requester[18] |
No | No | 20A-4-401 |
| Vermont | State | N/A | No | 17-51-2601,2602 |
| Virginia | State/Requester Depends on margin |
Yes | No | 8-24.2-800 to 802.3 |
| Washington | Requester | Yes | Yes | 29A.64 |
| West Virginia | Requester | Yes | Yes | 3-6-9 |
| Wisconsin | State/Requester Depends on margin |
Yes | Yes | 9.01 & 5.90 |
| Wyoming | Requester | Yes | No | 22-16-109 to 114 |
State legislation
The table below lists bills related to recounts introduced during (or carried over to) Louisiana's regular legislative session this year. The following information is included for each bill:
- State
- Bill number
- Official bill name or caption
- Most recent action date
- Legislative status
- Sponsor party
- Topics dealt with by the bill
Bills are organized by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.
See also
- Election recount laws and procedures in the 50 states
- Voting in Maine
- Maine
- Voting methods and equipment by state
Footnotes
- ↑ 1.0 1.1 1.2 Maine State Legislature, "§737-A. Recount," accessed September 22, 2025
- ↑ Maine Legislature, "An Act to Initiate Recounts in Tied Elections," accessed September 22, 2025
- ↑ Maine Revised Statutes, "§2531-B. Recount of an election for office," accessed September 22, 2025
- ↑ 4.0 4.1 Maine Revised Statutes, "§738. Statewide referendum ballots," accessed September 22, 2025
- ↑ Maine Legislature, "H.P. 1089," accessed September 22, 2025
- ↑ Maine Revised Statutes, "§2532. Referendum recount procedure," accessed September 22, 2025
- ↑ Verified Voting, "The Verifier - Election Day Equipment - Current," accessed September 22, 2025
- ↑ Verified Voting, "Arizona Recount Laws," accessed September 25, 2025
- ↑ A court may order a recount under Arizona law.
- ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
- ↑ 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.
- ↑ 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.
- ↑ 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.
- ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
- ↑ 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.
- ↑ No mention in state law.
- ↑ No mention in state law.
- ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts of ballot measures.
