LD 1759
pg. 1
LD 1759 Title Page An Act To Ensure the Accurate Counting of Votes Page 2 of 5
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LR 2247
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 21-A MRSA 607, sub-6 is enacted to read:

 
6.__Electronically produced and electronically counted
ballots.__The official ballot box for electronically produced or
electronically counted ballots must be separate from the one used
to receive provisional ballots as defined in section 808 and must
be clearly marked as such.

 
Sec. 2. 21-A MRSA 737-B is enacted to read:

 
737-B.__Recount functions and costs

 
1.__Random recount.__At the discretion of the Secretary of
State any election may be followed within 120 hours of polls
closing by a random statewide selection of up to 2% of individual
voting places that use voting machines for a manual vote recount
to audit the voting machines' accuracy.__These recounts must be
performed immediately following any recounts pursuant to section
737-A.__Random recounts must use the ballots produced by machine
tabulation and must be performed by volunteer teams organized and
trained specifically for random recounts by the Office of the
Secretary of State.__Such teams must consist of enrolled and
unenrolled registered voters, in proportion to the percentages,
by party and nonparty affiliation, of voter enrollment registered
in the previous election cycle.__Random recounts must be open to
public observation.__The recounted vote totals for these sample
precincts must serve as the final tally for those precincts.

 
2.__Recount trigger.__If there is any discrepancy between a
machine tally and the recount tally conducted pursuant to
subsection 1 that is greater than .1% and that can not be
accounted for by voter error or ambiguity of voter intent, that
discrepancy may trigger further manual recounts at the discretion
of the Secretary of State from voting places that employ the same
machine type as that voting place. If more than 2 such recounts
are instituted, all like machines in the State must be recounted.__
Recounts must proceed without delay upon being so triggered and
ordered. The recounted vote totals for triggered recounts must
also serve as the final tally for those machines.

 
3.__Statistical analysis of recount results; recounts.__Before
the ballots associated with any election are discarded, the
office of the Secretary of State may undertake a statistical
analysis of all recount discrepancies discovered by random
recount or otherwise in any election.__Such analyses, if
undertaken, must be published for public scrutiny 4 weeks prior
to any ballot disposal order by the Secretary of State.__Further
recounts for any election may be instituted by order of the


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