Election Law (GEL) — Title 12. Contested Elections

Except as provided in paragraph (2) of this subsection, a candidate for public or party office who has been defeated based on the certified results of any election conducted under this article may petition for a recount of the votes cast for the office sought.

A candidate may not petition for a recount if the margin of difference between the number of votes received by an apparent winner and the losing candidate with the highest number of votes for the office is greater than 5% of the total votes cast for those candidates.

in all of the precincts in which the office was on the ballot; or

only in the precincts designated in the petition.

The State Board shall promptly notify each appropriate local board of a petition that is filed with the State Board.

A local board shall promptly notify the State Board of a petition that is filed with the local board.

the petition filed under § 12-101 of this subtitle did not specify all of the precincts in which the office was on the ballot; and

on completion of the recount, the winner of the election is changed.

The State Board shall promptly notify each appropriate local board of a counterpetition that is filed with the State Board.

A local board shall promptly notify the State Board of a counterpetition that is filed with the local board.

Except as provided in paragraph (2) of this subsection, a petition for a recount based on the certified results of a question on the ballot in an election conducted under this article may be filed by a registered voter eligible to vote for that question.

A registered voter may not file a petition for a recount if the margin of difference between the number of votes cast for and the number of votes cast against the question is greater than 5%.

in all of the precincts in which the question was on the ballot; or

only in precincts designated in the petition.

If the question was on the ballot in one county, the petition shall be filed in that county.

If the question was on the ballot in more than one county, the petition shall be filed with the State Board.

The State Board shall promptly notify each appropriate local board of a petition that is filed with the State Board.

A local board shall promptly notify the State Board of a petition that is filed with the local board.

the petition filed under § 12-103 of this subtitle did not specify all of the precincts in which the question was on the ballot; and

on completion of the recount, the outcome of the election is changed.

If the question was on the ballot in one county, the counterpetition shall be filed in that county.

If the question was on the ballot in more than one county, the counterpetition shall be filed with the State Board.

The State Board shall promptly notify each appropriate local board of a counterpetition that is filed with the State Board.

A local board shall promptly notify the State Board of a counterpetition that is filed with the local board.

If a recount is being conducted in only one county, a judge of the circuit court of the county shall determine and set the bond to be filed by the petitioner or counterpetitioner sufficient to pay the reasonable costs of the recount.

If the recount is being conducted in more than one county, a judge of the Circuit Court for Anne Arundel County shall determine and set the bond.

conduct the recount and certify the official result of the election or question which is the subject of the recount; and

ensure the public’s ability to be present while the recount is conducted.

Except as provided in paragraph (2) of this subsection, each petitioner shall pay the cost of a recount requested under this subtitle and the petitioner’s bond is liable for the cost.

The petitioner is not liable for the costs of the recount if:

In this section the following words have the meanings indicated.

“Duplicate ballot” means a paper ballot that:

“Voter–verifiable paper record” has the meaning stated in § 9–102 of this article.

In a recount under this subtitle, subject to paragraph (2) of this subsection, the petitioner shall select the method for conducting the recount.

The petitioner may select only one of the following methods:

preserve the voter–verifiable paper record corresponding to each duplicate ballot that is created; and

store each duplicate ballot that is created together with the corresponding voter–verifiable paper record.

examine the voter–verifiable paper record and duplicate ballot; and

is inconsistent with this article or other law applicable to the elections process; and

may change or has changed the outcome of the election.

10 days after the act or omission or the date the act or omission became known to the petitioner; or

7 days after the election results are certified, unless the election was a gubernatorial primary or special primary election, in which case 3 days after the election results are certified.

the proceeding shall be heard and decided without a jury and as expeditiously as the circumstances require;

on the request of a party or sua sponte, the chief administrative judge of the circuit court may assign the case to a three–judge panel of circuit court judges; and

an appeal shall be taken directly to the Supreme Court of Maryland within 5 days of the date of the decision of the circuit court.

may have changed the outcome of an election already held; or

may change the outcome of a pending election.

declare void the election for the office or question involved and order that the election be held again at a date set by the court; or

order any other relief that will provide an adequate remedy.

order any relief it considers appropriate under the circumstances; and

if the court determines that it is the only relief that will provide a remedy, direct that the election for the office or question involved be postponed and rescheduled on a date set by the court.

“Contested election” means an election subject to:

“Contested election” includes an election that may be subject to a recount under Subtitle 1 of this title, but for which a recount does not occur because neither candidate files a formal recount petition or initiates a judicial action.

Title 15 of this article; or

§ 13–505 of this article.

establishes a contested election committee; and

discloses the donations and disbursements in accordance with this subtitle.

deposit all donations received in a designated bank account; and

make all disbursements from the designated bank account.

pass through the hands of the treasurer; and

be in accordance with the purpose of the entity.

A person that accepts public campaign financing under Title 15 of this article may not solicit or accept a donation on behalf of a contested election committee in excess of the contribution limits established under Title 15 of this article.

A person that accepts public campaign financing under § 13–505 of this article may not solicit or accept a donation on behalf of a contested election committee in excess of the contribution limits established in law by the governing body of the county in accordance with § 13–505 of this article.

A contested election committee may not accept a loan other than a loan from:

A loan under this subsection may be of any amount.

donations received by the contested election committee;

disbursements made by the contested election committee; and

outstanding obligations of the contested election committee.

using an electronic format;

with the electronic signature of the treasurer filing the report;

under oath; and

subject to the penalties for perjury.

If the person who established the contested election committee has filed a petition for a recount under Subtitle 1 of this title or has filed a complaint in the circuit court under Subtitle 2 of this title, the treasurer of the contested election committee shall file the contested election committee’s first report on or before the first day after the earlier of:

If the person who established the contested election committee has not filed a petition for a recount under Subtitle 1 of this title or filed a complaint in the circuit court under Subtitle 2 of this title, the treasurer of the contested election committee shall file the contested election committee’s first report on or before the day that is 7 days after the day that the contested election committee of the opposing candidate or opposing party filed its first report under paragraph (1) of this subsection.

the Monday that is 30 days after the due date of the first report filed by the contested election committee under subsection (b) of this section;

the Monday that is 60 days after the due date of the first report filed by the contested election committee under subsection (b) of this section; and

the third Wednesday in January of each year that the contested election committee remains in existence.

the State Board shall notify the treasurer in writing of the particular deficiencies; and

the treasurer shall file an amended report that includes all the information required within 30 days after service of the notice.

The State Board shall assess late filing fees for failure to properly file a report under this subtitle.

The State Board shall assess the fees in the following amounts for each day or part of a day that a report under this subtitle is overdue:

The maximum fee payable for a report is $1,000.

Late filing fees shall be distributed to the Fair Campaign Financing Fund established under § 15–103 of this article.

The treasurer of a contested election committee that fails to properly file a report may seek relief from a late filing fee imposed under this section for just cause as provided in § 13–337 of this article.

If the State Board determines that there has been for more than 30 days a failure to file a report or pay a late filing fee under this subtitle, the State Board shall issue the notice required under paragraph (2) of this subsection to the treasurer of the contested election committee in violation.

The notice shall demand that, within 30 days after service of the notice, either:

In its discretion, the appropriate prosecuting authority may refer the matter for action to the Central Collection Unit within the Department of Budget and Management.

be deemed to be elected to a public or party office in the State;

take the oath or otherwise assume the duties of the office; or

receive a salary or compensation for the office.

making a disbursement for a purpose not related to a contested election;

failure to dispose of surplus funds in accordance with § 12–313 of this subtitle;

failure to maintain the records required under § 12–306 of this subtitle; or

failure to report all donations, disbursements, and outstanding obligations as required under § 12–308 of this subtitle.

Subject to paragraph (2) of this subsection, a civil penalty imposed under this section shall be paid by the contested election committee.

If the contested election committee has insufficient funds with which to pay the full amount of the civil penalty in a timely manner, after the account of the contested election committee is exhausted, the balance of the civil penalty is the liability of the treasurer.

Any part of a public contribution made to a contested election committee that is not spent shall be repaid to the appropriate government entity.

In computing whether part of a public contribution is not spent, all private contributions to the person shall be treated as spent before the expenditure of any public contribution.