Maryland Recount Laws

This information was initially released on October 21, 2010.

Voting System Used: 

DREs without VVPAT For more details, visit Verified Voting.

 

Counting Method: 

Electronic review only Counting method chosen by initiator While Maryland's statutes do not provide instructions for conducting recounts by hand or by machine, the Code of Maryland Regulations states that for votes cast on optical scan ballots, the recount initiator must specify the counting method to be used. See Title 33, “State Board of Elections,” Subtitle 12, “Recounts,” Chapter 5, “Recount Procedures – Optical Scan Voting System,” Section 33.12.05.02: http://www.dsd.state.md.us/comar/comarhtml/33/33.12.05.02.htm. However, optical scan ballots are used in Maryland primarily for absentee and provisional ballots. The primary voting system is direct-recording electronic machines (DREs) without a voter-verified paper audit trail (VVPAT). Hence, despite these various recount provisions, only an electronic review of the initial returns is possible. For recount procedures for DREs, see Subtitle 12, Chapter 6, “Recount Procedures – Direct Recording Equipment,” Section 33.12.06.02: http://www.dsd.state.md.us/comar/comarhtml/33/33.12.06.02.htm.

Initiating Mechanism: 

Candidate-initiated Voter-initiated

Candidate-Initiated Options: 

Candidate determines how many/which precincts to recount Any candidate in any election may petition for a recount. See the Maryland Statutes, “Election Law,” Section 12-101: http://mlis.state.md.us/asp/web_statutes.asp?gel&12-101. If they do not specify all designated precincts, a counterpetition may be filed by another candidate to request that the remaining precincts also be recounted. Counterpetitions may also be filed to request an additional recount if the first recount alters the outcome of the election. See Section 12-102: http://mlis.state.md.us/asp/web_statutes.asp?gel&12-102. Timing: Candidates must file their recount petition within three days after the results of the election have been certified. See Section 12-101, Subsection (d). Counterpetitions must be filed within two days of the original petition or within two days of the first recount, as appropriate. See Section 12-102, Subsection (d). The recount must begin within two business days after receiving the petition (provided it is after the certification of the results) and continues daily at least eight hours each day until completion. See the Code of Maryland Regulations, Section 33.12.02.09: http://www.dsd.state.md.us/comar/getfile.aspx?file=33.12.02.09.htm.

Voter-Initiated Options: 

Voters determine how many/which precincts to recount Voters may request recounts for initiatives/questions Any voter may file a recount request for a question for which they are eligible to vote. As with recounts for candidates, the initiator may specify if all or only some precincts are to be recounted. See Section 12-103: http://mlis.state.md.us/asp/web_statutes.asp?gel&12-103. If not all precincts are requested, a counterpetition may be filed requesting that the remaining precincts also be recounted. See Section 12-104: http://mlis.state.md.us/asp/web_statutes.asp?gel&12-104. Timing: Voters must file their recount petition within two days after the results of the election have been certified, as stated in Section 12-103, Subsection (d). Counterpetitions must be filed within two days of the original petition or within two days of the first recount, as appropriate. See Section 12-104, Subsection (d).

Cost for Candidate-Initiated Recounts: 

Initiator pays deposit or bond before recount Payer of costs depends on outcome of recount Costs are not determined beforehand, but a bond is set by a judge after the recount petition is filed. See Section 12-105: http://mlis.state.md.us/asp/web_statutes.asp?gel&12-105. There are a number of outcomes that can result in the state paying the full costs of the recount, including a change in the election result or a substantial gain in votes for the requesting candidate. See Section 12-107: http://mlis.state.md.us/asp/web_statutes.asp?gel&12-107.

Cost for Voter-Initiated Recounts: 

Initiator pays deposit or bond before recount Payer of costs depends on outcome of recount Costs are not determined beforehand, but a bond is set by a judge after the recount petition is filed. See Section 12-105: http://mlis.state.md.us/asp/web_statutes.asp?gel&12-105. There are a number of outcomes that can result in the state paying the full costs of the recount, including a change in the election result or a substantial gain in votes in favor of the position taken on the question by the initiator. See Section 12-107: http://mlis.state.md.us/asp/web_statutes.asp?gel&12-107.

Challengers and Observers: 

Statutes specify that recount must be public Party/candidate or initiator has statutory authority to appoint observers Party/candidate or initiator has statutory authority to appoint challengers Election officials are required to “ensure the public’s ability to be present while the recount is conducted.” See Section 12-106, Subsection (a)(2): http://mlis.state.md.us/asp/web_statutes.asp?gel&12-106. While the statutes do not mention observers or challengers, the Code of Maryland Regulations provides rules by which “any person with standing to file a petition for the recount being conducted” may challenge votes or ballots in the recount. See Section 33.12.07, “Challenges”: http://www.dsd.state.md.us/comar/SubtitleSearch.aspx?search=33.12.07. The Code also specifies that recounts shall be “open to candidates and their representatives, other parties to the recount, the media, and the general public.” See Section 33.12.03.02: http://www.dsd.state.md.us/comar/getfile.aspx?file=33.12.03.02.htm.

Rules for Determining Voter Intent: 

Secretary of State or Election Board responsible for defining intent The State Board is to adopt regulations regarding voter intent. See Section 11-302: http://mlis.state.md.us/asp/web_statutes.asp?gel&11-302.

Audit Laws: 

State does not have audit laws As of our most recent update (September 2010), Maryland does not have audit laws.

Additional Resources: 
Maryland Statutes - Title 8 - Elections
Maryland State Board of Elections