Maine Revised Statutes Title 21-A Sec. 695 – Counting of ballots
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Except for elections determined by ranked-choice voting, the following provisions apply to the counting of ballots. The election clerks shall count the ballots under the supervision of the warden as soon as the polls are closed, except that if, in the opinion of the municipal clerk the public interests will best be served, referendum ballots may be counted on the day immediately following the election, as long as the count is completed within 24 hours after the polls are closed. If referendum ballots are counted under this exception, the municipal clerk is responsible for the security and safekeeping of the ballots until the count has been completed. [PL 2017, c. 316, §4 (AMD).]
1. Counted in public. The ballots must be counted publicly so that those present may observe the proceedings.
[PL 1985, c. 161, §6 (NEW).]
Terms Used In Maine Revised Statutes Title 21-A Sec. 695
- Candidate: means any person who has filed a petition under either sections 335 and 336 or sections 354 and 355 and has qualified as a candidate by either procedure, or any person who has received contributions or made expenditures or has given consent for any other person to receive contributions or make expenditures with the intent of qualifying as a candidate. See Maine Revised Statutes Title 21-A Sec. 1
- Elections determined by ranked-choice voting: means any of the following elections in which 3 or more candidates have qualified to be listed on the ballot for a particular office or at least 2 such candidates plus one or more declared write?in candidates have qualified for that particular office:
A. See Maine Revised Statutes Title 21-A Sec. 1may: when used in this Title, is used in a permissive sense to grant authority or permission, but not to create duty, to act in the manner specified by the context. See Maine Revised Statutes Title 21-A Sec. 7 municipal clerk: means the clerk, deputy clerk or assistant clerk, where directed by the clerk to carry out duties under this Title, of a municipality. See Maine Revised Statutes Title 21-A Sec. 1 Party: means a political organization which has qualified to participate in a primary or general election under chapter 5. See Maine Revised Statutes Title 21-A Sec. 1 Question: means any proposition submitted to the voters. See Maine Revised Statutes Title 21-A Sec. 1 Referendum: means an election for the determination of a question. See Maine Revised Statutes Title 21-A Sec. 1 Voting place: means the building in which ballots are cast at an election. See Maine Revised Statutes Title 21-A Sec. 1 Warden: means the presiding officer at a voting place. See Maine Revised Statutes Title 21-A Sec. 1
2. Separated into lots. In counting the ballots, the election clerks shall form into counting teams of 2 election clerks, each of whom has a different party affiliation. The counting teams shall separate the ballots into distinct lots. Each of these lots must consist of 50 ballots, except for one lot, which may have less than 50 ballots. Each counting team shall use one of the approved counting methods prescribed by the Secretary of State to produce 2 tally sheets for each lot that are in complete agreement as to the count for each candidate and question choice. They shall place with each lot one of the tally sheets for that lot that is signed by the election clerks who made the count. They shall wrap the tally sheet around the outside of the applicable lot of ballots. The 2nd tally sheet for each lot must be provided to the warden for use in completing a total tally of each office and question and for completing the election return.
[PL 2009, c. 253, §31 (AMD).]
3. Results declared. As soon as the ballots are counted, the warden shall declare the results publicly at the voting place.
[PL 1985, c. 161, §6 (NEW).]
4. Instructions. The Secretary of State may issue to each warden instructions on opening the ballot boxes, separating various types of ballots and giving priority in counting various types of ballots.
[PL 1985, c. 161, §6 (NEW).]
5. Uniformity. The Secretary of State shall design and print uniform tabulation sheets to be used by the workers at the polls. The Secretary of State shall write, print and distribute to wardens instructions on the use of that material and require the use of a uniform system of counting and tabulation.
[PL 1985, c. 161, §6 (NEW).]
6. Stickers.
[PL 2013, c. 131, §19 (RP).]
SECTION HISTORY
PL 1985, c. 161, §6 (NEW). PL 1985, c. 383, §12 (AMD). PL 2001, c. 516, §10 (AMD). PL 2007, c. 455, §37 (AMD). PL 2009, c. 253, §31 (AMD). PL 2013, c. 131, §19 (AMD). PL 2017, c. 316, §4 (AMD).