Recount laws in Maryland

From Ballotpedia

Note: Before taking any action, or if you have any questions, contact your state election agency.

Maryland voting equipment

Maryland uses optical scanning voting machines (19 counties) and touch screen machines (5 counties). Following the 2000 elections, Maryland enacted several changes. The state eliminated mechanical lever and punch card ballots in the few counties that were still using them. Maryland created a system of provisional ballots when the voter’s name is not on the precinct registry. In addition, Maryland required that any absentee or provisional ballots be optical scan ballots.

Maryland recount procedures

In Maryland, any defeated candidate for public office may petition for a recount within three days after the results have been certified.^[1] The petition may seek a recount in all of the precincts in which the candidate was on the ballot or in only a select number of precincts. If the winner of the election is changed on completion of the recount, the opposing candidate may file a counter-petition within two days of the original winner being changed. ^[2]

• Both the petition and counter-petition must be filed with the election board with which the candidate’s certificate of candidacy was filed.^[3]. Recount petitions and counter-petitions also may be filed by any registered voter eligible to vote for the office.^[4].
• Any petitioner or counter-petitioner shall pay for the cost of a recount, unless:
  • (1) the recount changes the outcome of the election or the recount;
  • (2) the recount has resulted in a gain of votes equal to 2% of the total votes cast; or
  • (3) the margin of difference between the winner and the second place finisher is 0.1% or less than the total votes cast for those candidates.^[5]

Maryland vote contest procedures

A registered voter may seek relief from the courts for any act or omission relating to an election, whether or not the election has been held, so long as the act or omission is inconsistent with state election law and may change or has changed the outcome of the election.^[6] Judicial relief must be sought within either ten days after the act or omission occurred or became known to the petitioner, or seven days after the election results are certified. If the election was a gubernatorial primary or special primary election, relief must be sought from the courts within three days after the election results are certified.^[7]. A court may order that the election be voided and reheld, or postponed and rescheduled, or provide any other appropriate relief.^[8]

References

1. ↑ Maryland Election Law Code § 12-101
2. ↑ Maryland Election Law Code § 12-102
3. ↑ Maryland Election Law Code §§ 12-101, 12-102
4. ↑ Maryland Election Law Code §§ 12-103, 12-104
5. ↑ Maryland Election Law Code § 12-107
6. ↑ Maryland Election Law Code § 12-202
7. ↑ Maryland Election Law Code § 12-202
8. ↑ Maryland Election Law Code § 12-204