4.__Recount costs.__The State shall attempt to recover from the vendor or manufacturer of voting machines costs to the State and municipalities for any recount that has been triggered by a discrepancy in a random recount under subsection 1, unless the cause of the discrepancy is shown to be due to negligence or malfeasance on the part of state agents or employees.__All contracts between the State and voting machine vendors and manufacturers must incorporate the provisions of this subsection.__ Reimbursement for the costs of random recounts that do not result in such discrepancies may be sought from funds available from the federal Help America Vote Act of 2002, Public Law 107-252.

Sec. 3. 21-A MRSA §808, sub-§5-A is enacted to read:

5-A.__Direct recording electronic voting machine.__"Direct recording electronic voting machine" means a switch-operated or lever-operated electronic voting machine that records a voter's choices electronically into a counting mechanism that tallies the votes without using a physical ballot.

Sec. 4. 21-A MRSA §808, sub-§§8-A to 8-D are enacted to read:

8-A.__Mechanical lever voting machine.__"Mechanical lever voting machine" means a machine that directly records a voter's choices via mechanical lever-actuated controls into a counting mechanism that tallies the votes without using a physical ballot.

8-B.__Provisional ballot.__"Provisional ballot" means a hand- cast and hand-counted ballot that is used either when a challenged ballot occurs or when a voter chooses to cast such a ballot in lieu of using a voting machine.

8-C.__Punch card voting machine.__"Punch card voting machine" means a machine that transmits a voter's choices onto either a prescored or unscored ballot via mechanically punched holes that are then read and tallied by the machine.

8-D.__Touch screen voting machine.__"Touch screen voting machine" means a machine that utilizes a computer screen whereby a voter executes that voter's choices by touching designated