For the purposes of this section, a candidate may also be a write-in candidate who has met the qualifications of section 722- A. If, after an initial tally of the ballots, the margin between the number of votes cast for the leading candidate and the number of votes cast for the 2nd-place candidate is less than 1% of the total number of votes cast in that race, a recount is presumed necessary.

Sec. 24. 21-A MRSA §737-A, 4th ¶, as amended by PL 1995, c. 459, §67, is further amended to read:

A losing candidate in any election who desires a recount must file with the Secretary of State a written request for a recount within 7 5 business days after the election. The recount is held under the supervision of the Secretary of State, who shall allow the candidate's representatives or counsel to recount the ballots. The candidate may not act as a counter of ballots.

Sec. 25. 21-A MRSA §1003, sub-§3, as enacted by PL 1985, c. 161, §6, is amended to read:

3. State Auditor. The State Auditor and the Secretary of State shall assist the commission in making investigations and in other phases of the commission's duties under this chapter, as requested by the commission, and shall have has all necessary powers to carry out these responsibilities.

Sec. 26. 21-A MRSA §1020-A, sub-§7, as corrected by RR 1995, c. 1, §10, is amended to read:

7. Final notice of penalty. After a commission meeting, notice of the commission's final determination and the penalty, if any, imposed pursuant to this subchapter must be sent to the candidate, and the treasurer and the Secretary of State.

If no determination is requested, the commission staff shall calculate the penalty as prescribed in subsection 4 and shall mail final notice of the penalty to the candidate and treasurer. A detailed summary of all notices must be provided to the commission and to the Secretary of State.

Sec. 27. 21-A MRSA §1020-A, sub-§10, as enacted by PL 1995, c. 483, §15, is amended to read:

10. Enforcement. The Secretary of State commission staff has the initial responsibility for collecting the full amount of any penalty within 30 days after receiving notice of the penalty