Within 20 days after an election, the Secretary of State shall tabulate the election returns and submit a certified copy of the tabulation to the Governor. The tabulation of a candidate or referendum election is considered final as of the date the certified copy is submitted to the Governor, except for any contests in which a recount is pending. [PL 2019, c. 371, §26 (AMD).]
1. How tabulated. The Secretary of State shall tabulate all votes that appear by an election return to have been cast for each question or candidate whose name appeared on the ballot. For elections determined by ranked-choice voting, the Secretary of State shall tabulate the votes according to the ranked-choice voting method described in section 723?A. The Secretary of State shall tabulate the votes that appear by an election return to have been cast for a declared write-in candidate pursuant to section 722?A.

[PL 2019, c. 371, §26 (AMD).]

Terms Used In Maine Revised Statutes Title 21-A Sec. 722

  • 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
  • Declared write-in candidate: means a write-in candidate who has filed a declaration to be a write-in candidate pursuant to section 722?A. 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. 1
  • Question: means any proposition submitted to the voters. See Maine Revised Statutes Title 21-A Sec. 1
  • Ranked-choice voting: means the method of casting and tabulating votes in which voters rank candidates in order of preference, tabulation proceeds in sequential rounds in which last-place candidates are defeated and the candidate with the most votes in the final round is elected. 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
  • Write-in candidate: means a person whose name does not appear on the ballot under the office designation to which a voter may wish to elect the candidate. See Maine Revised Statutes Title 21-A Sec. 1
  • 1-A. Form of tabulation. The tabulation must include the total votes for each question choice or candidate whose name appeared on the ballot. The tabulation also must include the total votes for any declared write-in candidates as follows.
    A. For a write-in candidate who receives 5% or more of the votes cast for that office, the Secretary of State shall report the votes under the candidate’s name. [PL 2009, c. 253, §36 (NEW).]
    B. For a write-in candidate who receives less than 5% of the votes cast for that office, the Secretary of State shall report the votes under the designation “others.” [PL 2009, c. 253, §36 (NEW).]

    [PL 2019, c. 371, §26 (AMD).]

    2. Correction of return. If it appears that an election return does not agree with the record of the vote at any voting place, the Secretary of State shall correct the tabulation by obtaining a certified copy of the record from the clerk.

    [PL 1985, c. 161, §6 (NEW).]

    3. Tabulation printed. The Secretary of State shall have copies of the tabulation printed and made available to the public.

    [PL 1985, c. 161, §6 (NEW).]

    SECTION HISTORY

    PL 1985, c. 161, §6 (NEW). PL 1993, c. 695, §30 (AMD). PL 1997, c. 436, §104 (AMD). PL 1999, c. 426, §23 (AMD). PL 2001, c. 516, §13 (AMD). PL 2009, c. 253, §36 (AMD). IB 2015, c. 3, §4 (AMD). PL 2017, c. 141, §2 (AMD). PL 2017, c. 316, §5 (AMD). PL 2019, c. 371, §26 (AMD).