LEGISLATIVE RECORD - SENATE, WEDNESDAY, JANUARY 7, 2015 STATE OF MAINE Out of order and under suspension of the Rules, on motion by ONE HUNDRED AND TWENTY-SEVENTH LEGISLATURE Senator MASON of Androscoggin, the following Joint Order: FIRST REGULAR SESSION S.P. 9 JOURNAL OF THE SENATE Ordered, the House concurring, that the returns of votes for the In Senate Chamber Governor, given in the several cities, towns and plantations of the Wednesday State for the political years 2015, 2016, 2017 and 2018, be January 7, 2015 referred to a Joint Select Committee of seven on the part of the Senate, with such as the House may join. Senate called to order by President Michael D. Thibodeau of Waldo County. READ and PASSED. _________________________________ Ordered sent down forthwith for concurrence. Prayer by Pastor Aaron Martin, Winterport Baptist Church. The Chair appointed the Senators from Cumberland, Senator Volk; York, Senator Collins; Hancock, Senator Rosen; PASTOR MARTIN: Let us pray. Dear Heavenly Father, we Sagadahoc, Senator Baker; Oxford, Senator Patrick; Lincoln, praise and we thank You. Thank You for each one here. Thank Senator Johnson; and Penobscot, Senator Dill. You, Lord, that each one is special in Your eyes. Lord, I pray that on this first session that we'll set a great precedent and that each _________________________________ one here will have soundness of mind and unity of spirit. I know, Lord, each one is different. We're all individuals. We have Out of order and under suspension of the Rules, on motion by different backgrounds, different beliefs and values and principles, Senator MASON of Androscoggin, the following Senate Order: but somehow, in this great country and in this great state, we S.O. 16 come together and we try to make it work. I pray, Lord, that each one would do their best. I know they have families and they have Ordered, that a message be sent to the House of Representatives sicknesses and health and financial things and a lot going on in proposing a Convention of the two branches of the Legislature be their life and they take the time to still come and represent the held at 11:30 this morning at the Augusta Civic Center for the people of Maine. I thank them for that. I pray that You would purpose of administering to the Honorable Paul Richard LePage, bless them for that. I pray that they would give it their all and at Governor-elect, the oaths required by the Constitution to qualify the end of the day they'll still be able to do a handshake or a hug him to enter upon the discharge of his official duties and to despite differences. Things need to get done and to move receive such communication as he may be pleased to make. forward, Lord, so I pray that each one would do the best to work together. Thank You that we have You as our authority and we READ and PASSED. have the word of God as a great set of values and principles to follow and that we recognize wisdom and true discernment, when The Chair appointed the Senator from Androscoggin, Senator it comes from You, it just seems to work a whole lot better. We MASON to deliver the message to the House of Representatives. pray for that, Lord. Thank You. In Your precious name, Jesus. The Senator was escorted to the House of Representatives. Amen. _________________________________ _________________________________ Senate at Ease. Pledge of Allegiance led by Senator Scott W. Cyrway of Kennebec County. Senate called to order by the President. _________________________________ _________________________________ Reading of the Journal of Wednesday, December 3, 2014. Subsequently, the Senator from Androscoggin, Senator MASON reported that he had delivered the message with which he was _________________________________ charged. Doctor of the day, David Edsall, MD of Ellsworth and Dr. Leigh _________________________________ "Jack" Forbush, DO of Hampden. Off Record Remarks _________________________________ _________________________________ Off Record Remarks COMMUNICATIONS _________________________________ The Following Communication: S.C. 6 S-20 LEGISLATIVE RECORD - SENATE, WEDNESDAY, JANUARY 7, 2015 STATE OF MAINE of the public proceeding. Committee members Senator Saviello ONE-HUNDRED AND TWENTY-SEVENTH LEGISLATURE and Senator Diamond conducted the recount, recording the votes STANDING COMMITTEE ON THE SENATORIAL VOTE for Cathleen Manchester and Catherine Breen. The recount showed the following. The Honorable Michael D. Thibodeau, President Maine State Senate Lot A-1 contained 29 ballots: 3 State House Station 28 ballots were marked with votes for Catherine Breen, Augusta, Maine 04333 0 votes for Cathleen Manchester, and 1 ballot was blank. January 7, 2015 Lot A-2 contained 42 ballots: 9 ballots were marked with votes for Catherine Breen, Dear President Thibodeau: 29 for Cathleen Manchester, and 4 ballots were blank. Pursuant to Senate Order 15, the Standing Committee on the Lot A-3 contained 50 ballots: Senatorial Vote convened on December 9, 2014, to thoroughly examine issues relevant to the election in Senate District 25. 27 ballots were marked with votes for Catherine Breen, The Committee’s proceedings began with a detailed review with 21 for Cathleen Manchester, and the Deputy Secretary of State for Elections of election-day 2 ballots were blank. procedures and recount procedures with an emphasis on Lot A-4 contained 50 ballots: understanding the protocol for maintaining a secured chain of 31 ballots were marked with votes for Catherine Breen, custody of election ballots. With a clear understanding of these 15 for Cathleen Manchester, and procedures and protocols, the Committee moved on to examine 4 ballots were blank. the issue of the discrepancy between the number of ballots recorded for the Town of Long Island at the November 14th According to the recount conducted in the presence of all in recount and the number of voters checked off as “voted” on the attendance at the proceedings of the Standing Committee on the incoming voting list on election day (171). Senatorial Vote, it was determined that 171 ballots were cast in the Town of Long Island. This number, 171, corresponds with the In accordance with proper ballot security measures, we directed number of voters recorded as having voted on the incoming the Deputy Secretary of State for Elections and a detective from voting list. The total number of votes cast by the voters of Long the Office of the Attorney General to open the secured box Island show Cathleen Manchester receiving 65 votes, Catherine containing the ballots cast in the Town of Long Island. Directly Breen receiving 95 votes and 11 ballots that contained no vote for observing the opening of the box, the Committee found the Senate District 25. The number of votes counted as cast for each following. There were: candidate when the Committee completed the recount matched the number of votes tabulated on election night for those 1. Four bundles (lots) of folded ballots, each wrapped with a candidates in the Town of Long Island. tally sheet from the recount indicating the number of votes for each candidate in the Senate District 25 race and the number of It appears evident to the Committee that the 21 votes recorded on ballots that contained no vote for that race (blanks) in each lot. the recount tally sheet for Lot A-1 were subsequently counted again when they were inadvertently incorporated into Lot A-2. 2. Among those 4 bundles; After the recount conducted on November 14, 2014, the unofficial A. There were 3 bundles of folded ballots for which the recount results for the Senate District 25 race were recorded as follows. tally sheet indicated a total of 50 ballots (Lots A-1, A-3 and A-4); and 10,927 votes for Cathleen A. Manchester 10,916 votes for Catherine Breen B. One bundle of ballots for which the recount tally sheet indicated a total of 42 ballots (Lot A-2). 876 ballots district-wide contained no vote (blank) 9 ballots were in dispute. The next step in the Committee’s process was to observe the careful counting of the bundled ballots by the detective from the Based on the outcome of the recount conducted at the direction Office of the Attorney General. When the first bundle, Lot A-1, of the Standing Committee on the Senatorial Vote, the Committee was counted it was found to contain only 29 ballots rather than finds the results for Senate District 25 as follows. 50. The tally sheet attached to this bundle indicated 50 ballots with 28 marked with votes for Catherine Breen, 21 marked with 10,906 votes for Cathleen A. Manchester votes for Cathleen Manchester and one ballot where no vote was 10,916 votes for Catherine Breen marked for the Senate District 25 race. The remaining three bundles were counted and the number of ballots contained within 876 ballots district-wide contained no vote (blank) corresponded with the number on the accompanying tally sheets. 9 ballots were in dispute. With the discrepancy between the recount tally sheet and the actual number of ballots in Lot A-2 noted, the Committee directed that the ballots for the Town of Long Island be recounted as part S-21 LEGISLATIVE RECORD - SENATE, WEDNESDAY, JANUARY 7, 2015 In accordance with our charge as prescribed by Senate Order 15, both sides of the aisle afforded me during my particularly the Standing Committee on the Senatorial Vote thoroughly contentious time in Augusta. examined the issues relevant to the election in Senate District 25 and has concluded that an error occurred in the process of the What a poignant reminder of the importance of participation in the recount conducted in Augusta, Maine on November 14, 2014, electoral process.