An Act Regarding Referendum Recounts

Sec. 1. 21-A MRSA §738, 2nd ¶,  as amended by PL 1993, c. 473, §32 and affected by §46, is further amended to read:

On If a referendum question prevails by a percentage difference between the yes and no votes of 0.25% or less, as shown by the official tabulation of the referendum votes, the Secretary of State shall conduct a recount paid for by the State. If the percentage difference between the yes and no votes is greater than 0.25%, on a petition signed by 100 or more affected voters, a recount may be held on any referendum question by applying to the Secretary of State within the deadline provided in section 737-A. A deposit is required if the percentage difference between the yes and no votes falls within the requirements of section 737-A, subsection 1 The party requesting a recount of a referendum in which the percentage difference shown by the official tabulation is greater than 0.25% must pay for the recount. Appeal of challenged or disputed ballots is to the Supreme Judicial Court.

summary

This bill requires the Secretary of State to conduct a recount paid for by the State for a referendum if the percentage difference between the yes and no votes as shown by the official tabulation of the referendum votes is 0.25% or less. It allows a group of voters to request a recount for a referendum in which the percentage difference between the yes and no votes as shown in the official tabulation of the referendum votes is greater than 0.25%. The party requesting a recount for a referendum in which the percentage difference between the yes and no votes as shown by the official tabulation is greater than 0.25% must pay for the recount.