United States — Maine Act or statute

United States — Maine legislation

Maine Revised Statutes, Title 21-A, § 732: Procedure, 1985

If a tie vote appears, the Secretary of State must start a recount. If the recount still results in a tie, the Secretary of State handles primary-election ties by notice and selection by lot; othe…

electionspublic administration

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“If a tie vote appears, the Secretary of State must start a recount. If the recount still results in a tie, the Secretary of State handles primary-election ties by notice and selection by lot; other election ties are handled by a Governor’s proclamation and special election, with separate rules for presidential electors”

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    Enacted 1985 · Source version 1 Oct 2025. The date shown identifies this source expression and should not be treated as proof that no later change exists.

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Procedure

If a tie vote appears, the Secretary of State must start a recount. If the recount still results in a tie, the Secretary of State handles primary-election ties by notice and selection by lot; other election ties are handled by a Governo…

Section 732

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Source record from legislature.maine.gov · Enacted 1985 · Source version 1 Oct 2025

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§ 732ProcedureProvision

If a tie vote appears, the Secretary of State must start a recount. If the recount still results in a tie, the Secretary of State handles primary-election ties by notice and selection by lot; other election ties are handled by a Governor’s proclamation and special election, with separate rules for presidential electors and certain legislative seats. In referenda, the negative vote prevails except for liquor local option questions.

When there is an apparent tie vote, the Secretary of State shall automatically initiate a recount. If a recount confirms a tie vote, the following provisions apply. [PL 2025, c. 114, §1 (AMD).] 1. Primary election. In a primary election, the Secretary of State shall notify each person involved in the tie to be present at the Secretary of State's office at a certain time. At that time, the Secretary of State shall select the nominee publicly by lot. [RR 2019, c. 2, Pt. B, §58 (COR).] 2. Other elections. In any other election, the Governor shall issue a proclamation under section 366 declaring the tie and ordering a special election between the persons tied. A. If there is a tie vote for presidential electors, the Governor shall convene the Legislature by proclamation. The Legislature by joint ballot of the members assembled in convention shall determine which are elected. [PL 1985, c. 161, §6 (NEW).] B. This subsection does not apply to the election of the following offices which are governed by the Constitution of the State of Maine or the Constitution of the United States: United States Senator, Representative to Congress, Governor and members of the Legislature. [PL 1985, c. 161, §6 (NEW).] C. If there is a tie vote for State Senator or Representative to the Legislature as finally determined by the proper House under the Constitution of Maine, Article IV, Part Third, Section 3, the Governor shall issue a proclamation under section 366 declaring the tie and ordering a special election between the persons tied. [PL 1985, c. 161, §6 (NEW).] [PL 1985, c. 161, §6 (NEW).] 3. Referendum. In a referendum, other than on a liquor local option question, the negative vote prevails. [PL 1985, c. 161, §6 (NEW).]
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