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Maine Statutes § 732 Procedure

Up to Article 2: Tie Votes

Statute Text

When there is a tie vote, the following provisions apply. [ 1985, c. 161, §6 (NEW).]
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. [ 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. [ 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. [ 1985, c. 161, §6 (NEW).]
[ 1985, c. 161, §6 (NEW).]
3. Referendum. In a referendum, other than on a liquor local option question, the negative vote prevails.
[ 1985, c. 161, §6 (NEW).]

History

1985, c. 161, § 6 (NEW) .