Title 12. Contested Elections — Subtitle 2. Judicial Review of Elections
Statutes in effect as of October 1, 2026.
Md. Code Ann., Election Law § 12-201 (2026)
Title 12. Contested Elections
Subtitle 2. Judicial Review of Elections
§ 12–201LinkCopy Citation
This subtitle applies to an issue arising in an election conducted under this article.
Md. Code Ann., Election Law § 12-202 (2026)
Title 12. Contested Elections
Subtitle 2. Judicial Review of Elections
§ 12–202LinkCopy Citation
(a)
If no other timely and adequate remedy is provided by this article, a registered voter may seek judicial relief from any act or omission relating to an election, whether or not the election has been held, on the grounds that the act or omission:
(1)
is inconsistent with this article or other law applicable to the elections process; and
(2)
may change or has changed the outcome of the election.
(b)
A registered voter may seek judicial relief under this section in the appropriate circuit court within the earlier of:
(1)
10 days after the act or omission or the date the act or omission became known to the petitioner; or
(2)
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.
Md. Code Ann., Election Law § 12-203 (2026)
Title 12. Contested Elections
Subtitle 2. Judicial Review of Elections
§ 12–203LinkCopy Citation
(a)
A proceeding under this subtitle shall be conducted in accordance with the Maryland Rules, except that:
(1)
the proceeding shall be heard and decided without a jury and as expeditiously as the circumstances require;
(2)
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
(3)
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.
(b)
The Supreme Court of Maryland shall give priority to hear and decide an appeal brought under subsection (a)(3) of this section as expeditiously as the circumstances require.
Md. Code Ann., Election Law § 12-204 (2026)
Title 12. Contested Elections
Subtitle 2. Judicial Review of Elections
§ 12–204LinkCopy Citation
(a)
The court may provide a remedy as provided in subsection (b) or (c) of this section if the court determines that the alleged act or omission materially affected the rights of interested parties or the purity of the elections process and:
(1)
may have changed the outcome of an election already held; or
(2)
may change the outcome of a pending election.
(b)
If the court makes an affirmative determination that an act or omission was committed that changed the outcome of an election already held, the court shall:
(1)
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
(2)
order any other relief that will provide an adequate remedy.
(c)
If the court makes an affirmative determination that an act or omission has been committed that may change the outcome of a pending election, the court may:
(1)
order any relief it considers appropriate under the circumstances; and
(2)
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.
(d)
A determination of the court under subsection (a) of this section shall be based on clear and convincing evidence.