An Act To Make Municipal Recounts Consistent with State Recounts
Sec. 1. 30-A MRSA §2102, sub-§4, ¶C, as amended by PL 1993, c. 608, §4, is further amended to read:
The municipal officers shall inspect the petitions in substantially the same form , and manner and time as a recount hearing under section 2531-A 2531-B and shall make due certificate of that inspection. The municipal officers shall file a copy of that certificate with the municipal clerk and mail a copy to the committee. The certificate of the municipal officers is a final determination of the sufficiency of the petitions.
Sec. 2. 30-A MRSA §2354, sub-§5, as amended by PL 1993, c. 608, §5, is further amended to read:
Sec. 3. 30-A MRSA §2530-A, first and 2nd ¶¶, as enacted by PL 1993, c. 608, §11, are amended to read:
This section governs all inspections provides for the preliminary inspection of ballots and incoming voting lists cast in any election for municipal office. Inspection procedures for other offices do not apply to elections for municipal office.
If a candidate other than a declared winner in an election applies in writing to the municipal clerk within 5 days after the result of a city election or an election under section 2528 has been declared, the municipal clerk shall permit the candidate or the candidate's agent, after payment of any deposit fee required under subsection 2 9, to inspect the ballots and incoming voting lists under proper protective regulations for the purpose of determining whether or not to request a recount under section 2531-B. The final day of the 5-day period ends at the close of regular business hours in the office of the municipal clerk. The candidate requesting the inspection may request a random or complete inspection of the ballots and incoming voting lists.
Sec. 4. 30-A MRSA §2530-A, sub-§§2, 3 and 4, as enacted by PL 1993, c. 608, §11, are repealed.
Sec. 5. 30-A MRSA §2530-A, sub-§9 is enacted to read:
Sec. 6. 30-A MRSA §2531-A, as amended by PL 1999, c. 712, §1, is repealed.
Sec. 7. 30-A MRSA §2531-B is enacted to read:
§ 2531-B. Recount of an election for office
A recount for an election for municipal office must be performed by a municipal clerk or the clerk's designee pursuant to the provisions of Title 21-A, section 737-A and the rules adopted pursuant to Title 21-A, section 737-A, except that the provisions of Title 21-A, section 737-A, subsections 1, 5 and 12 and the duties of the State Police do not apply to this section. Except for the municipal clerk or the municipal clerk's designee, an election official as defined in Title 21-A, section 1, subsection 14 or an official of a municipal police department performing an official duty in a recount, an employee or elected official of the municipality or a candidate in an election may not participate in a recount of that election under this section.
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.
Sec. 8. 30-A MRSA §2532, as amended by PL 1993, c. 608, §14, is further amended to read:
§ 2532. Referendum recount procedure
In the case of a referendum, a ballot inspection or a recount hearing must be granted upon written application of 10% or 100, whichever is less, of the persons whose names were checked on the voting list at any town referendum or ballot question under section 2105 or 2528, or any city referendum. The time limits, rules and all other matters applying to candidates under sections 2530-A and 2531-A section 2531-B apply equally to applicants for either the inspection or recount. Except as otherwise provided in this section, the method of conducting a referendum recount is governed by Title 21-A, section 737-A.
Sec. 9. 30-A MRSA §2556, as amended by PL 1993, c. 608, §16, is further amended to read:
§ 2556. Recount; challenge for office
Sections 2530-A 2531-B to 2533 apply in a city and govern ballot inspections, recounts of elections for office, referenda and the procedure for challenging a person who claims title to an office.
Sec. 10. 30-A MRSA §5404, sub-§1, ¶A, as amended by PL 1993, c. 608, §17, is further amended to read: