Statutes, codes, and regulations
Maine Administrative Code
Department 29 - DEPARTMENT OF THE SECRETARY OF STATEDivision 250 - BUREAU OF MOTOR VEHICLESBureau of Corporations, Elections and Commissions
Chapter 536 - RULES ESTABLISHING PROCEDURES FOR REQUESTING AND CONDUCTING RECOUNTS OF ELECTIONS DETERMINED BY RANKED-CHOICE VOTING
Section 250-536-7 - PROCEDURES FOR RECOUNTS INVOLVING THE THREE CANDIDATES IN THE PENULTIMATE ROUND OF RANKED-CHOICE VOTING

29- 250 C.M.R. ch. 536, § 7

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Current through 2024-51, December 18, 2024
Section 250-536-7 - PROCEDURES FOR RECOUNTS INVOLVING THE THREE CANDIDATES IN THE PENULTIMATE ROUND OF RANKED-CHOICE VOTING

This section describes the procedure for conducting a recount involving the three continuing candidates in the penultimate round of the ranked-choice counting process when requested by Candidate C or by Candidates B and C.

1.Step 1 - Sort ballots by first choice votes. On a municipality-by-municipality basis, or on a precinct-by-precinct basis within multi-precinct municipalities, the counting teams will sort the ballots into five groups, as follows:
A. Ballots with Candidate A marked as the first choice,
B. Ballots with Candidate B marked as the first choice,
C. Ballots with Candidate C marked as the first choice,
D. Ballots with none of the recount candidates marked as the first choice, and
E. Disputed ballots - ballots for which the members of the counting team cannot agree which candidate was selected by the voter.
2.Step, 2 - Count and record first choice votes. Each grouping of first choice votes (Candidate A, Candidate B, Candidate C, none and disputed) will be verified and counted into lots of 50 to facilitate tallying. A tally sheet will be completed to record the total of first choice votes for each grouping. After tallying, the ballots with first choice votes for Candidates A, B and C will be set aside. Ballots with no recount candidate selected as first choice will be processed in Step 3.
3.Step 3 - Further sort ballots with no recount candidate selected as first choice. Sort the ballots on which no recount candidate was selected as the first choice into three groups, as follows:
A. Ballots on which Candidate A is preferred over Candidates B and C,
B. Ballots on which Candidate B is preferred over Candidates A and C,
C. Ballots on which Candidate C is preferred over Candidates A and B, and
D. Exhausted ballots (ballots on which neither Candidate A, B or C is ranked, or which have an overvote or double-skipped ranking prior to the highest ranking for Candidate A, B or C).
4.Step 4 - Count and record ballots by grouping from Step 3. Each grouping from Step 3 will be verified, then counted into lots of 50 to facilitate tallying. A tally sheet will be completed to record the totals for each grouping.
5.Step 5 - Complete the Municipal Tabulation form. On the Municipal Tabulation form, the counting team will record the total first choice votes and the total of preferred rankings for each candidate as determined in Step 3, and add those two numbers together to obtain each candidate's total votes for the municipality. The counting team will add the number of exhausted ballots and any disputed ballots to obtain the total votes cast for the municipality.
6.Step 6 - Sort Ballots Assigned to Candidate A. Further sort all ballots assigned to Candidate A (either by first choice or by preference) based on the relative rank of Candidates Band C, as follows:
A. Ballots on which neither Candidate B nor Candidate C is ranked,
B. Ballots on which Candidate B is preferred over Candidate C, including ballots on which B was ranked but Candidate C was not ranked, and
C. Ballots on which Candidate C was preferred over Candidate B, including ballots on which Candidate C was ranked but Candidate B was not ranked.
7.Step 7 - Count and record ballots by grouping from Step 6. Each grouping from Step 6 will be verified, then counted into lots of 50 to facilitate tallying. A tally sheet will be completed to record the totals for each grouping.
8.Step 8 - Sort Ballots Assigned to Candidate B. Further sort all ballots assigned to Candidate B (either by first choice or by preference) based on the relative rank of Candidates A and C, as follows:
A. Ballots on which neither Candidate A nor Candidate C is ranked,
B. Ballots on which Candidate A is preferred over Candidate C, including ballots on which Candidate A was ranked but Candidate C was not ranked, and
C. Ballots on which Candidate C was preferred over Candidate A, including ballots on which Candidate C was ranked but Candidate A was not ranked.
9.Step 9 - Count and record ballots by grouping from Step 8. Each grouping from Step 8 will be verified, then counted into lots of 50 to facilitate tallying. A tally sheet will be completed to record the totals for each grouping.
10.Step 10 - Sort Ballots Assigned to Candidate C. Further sort all ballots assigned to Candidate C (either by first choice or by preference) based on the relative rank of Candidates A and B, as follows:
A. Ballots on which neither Candidate A nor Candidate Bis ranked,
B. Ballots on which Candidate A was preferred over Candidate B, including ballots on which A was ranked but B was not ranked, and
C. Ballots on which Candidate B was preferred over Candidate A, including ballots on which Candidate B was ranked but Candidate A was not ranked.
11.Step 11 - Count and record ballots by grouping from Step 10. Each grouping from Step 10 will be verified, then counted into lots of 50 to facilitate tallying. A tally sheet will be completed to record the totals for each grouping.
12.Step 12 - Complete the Municipal Tabulation form. On the Municipal Tabulation form, record the relative ranking totals for each candidate tallied in Steps 7, 9 and 11 and verify that the totals for each candidate match the totals of first choice votes and preferred votes recorded in Step 5. Each candidate's counsel or representative will be asked to sign the Municipal Tabulation form at this point, pursuant to section 5, subsection 4, paragraph I. Before signing, they may review the disputed ballots jointly, as described in section 5, subsection 4, paragraph F(2), and if the disputes are resolved the ballots will added to the municipal totals for the appropriate candidates.
13.Aggregate the municipal totals for the district-wide count. When the ballots from all the municipalities have been recounted, the municipal totals will be aggregated into a statewide total, and Candidates A, Band C will be asked to sign the Final Recount Tabulation, as described in section 8 of this rule. If there are disputed ballots that are not resolved pursuant to section 5, subsection 4, paragraph F(2), a disputed ballot form must be completed for each of these ballots. If the requesting candidate concedes the recount prior to counting the ballots from alI municipalities, the original ranked-choice voting count will be used as the Final Recount Tabulation.

29- 250 C.M.R. ch. 536, § 7