The procedures in this subtitle apply to the recount by petition of any election conducted under Election Law Article, Annotated Code of Maryland. In this subtitle, the following terms have the meanings indicated. Terms Defined. “Petition” means a petition or counterpetition for a recount that is filed in accordance with Election Law Article, Title 12, Subtitle 1, Annotated Code of Maryland, and this subtitle. “Precinct” includes an early voting center, the first absentee canvass, the second absentee canvass, or the provisional canvass. “Recount” means the entire process of resolving a challenge to the vote count reported for an election. “Recount room” means the location designated by a local board for conducting a recount. Election Law Article, §§2-102(b)(4), 2-202(b), and 12-106(a), Annotated Code of Maryland Effective date: Regulations .01, .02 adopted as an emergency provision effective February 1, 2000 (27:6 Md. R. 637); adopted permanently effective April 17, 2000 (27:7 Md. R. 709) Regulation .02B amended effective February 29, 2016 (43:4 Md. R. 335) Who May File. In a contest for public or party office: A candidate who, based on the certified results, was defeated in that election may petition for a recount, as provided in Election Law Article, §12-101, Annotated Code of Maryland; and An opposing candidate of the petitioner may counterpetition for a recount, as provided in Election Law Article, §12-102, Annotated Code of Maryland. In a contest for a question on the ballot: Any registered voter eligible to vote for that question may petition for a recount, as provided in Election Law Article, §12-103, Annotated Code of Maryland; and Any registered voter eligible to vote for that question may counterpetition for a recount, as provided in Election Law Article, §12-104, Annotated Code of Maryland. Contents. The petition shall specify: Whether the recount is requested for: All the precincts in which the contest was on the ballot, or Only certain precincts, to be designated in the petition; The recount method authorized by this subtitle the petitioner selects to use; and The order in which the precincts named in the recount petition should be counted. Where and When Filed. The petition shall be filed within the time and with the State Board or local board as specified in Election Law Article, Title 12, Subtitle 1, Annotated Code of Maryland. Bond. The petition shall be accompanied by a bond, as provided in Election Law Article, §12-105, Annotated Code of Maryland. Signature. The petition shall be signed by the person seeking the recount, as authorized by Election Law Article, Title 12, Subtitle 1, Annotated Code of Maryland, or that person's authorized agent. Before beginning the recount, the local board or local boards subject to the recount and State Board shall jointly estimate and inform the petitioner of the anticipated: Number of hours needed to complete the recount; and Cost per hour. Notice Required. By the end of the next business day following the receipt of a petition, the local board shall deliver to the persons listed in this regulation: A notice of recount, in the form specified by the State Board; and A copy of the petition or information on where the petition is posted on the Internet. The notice of recount shall specify the date, time, and place of the recount. Notice to Candidates, etc. A notice of recount shall be given to the following: For the recount of a contest for party or public office, to all candidates in the contest, including write-in candidates who have filed a certificate of candidacy under Election Law Article, Annotated Code of Maryland; For the recount of a ballot question, to representatives of supporters and opponents of the question, to the extent they are known to the board; For the recount of a contest for delegate to a national party convention, to authorized representatives of the presidential candidates to whom the candidates for delegate are pledged; For the recount of a contest for president and vice-president of the United States, to the candidate or the candidate's authorized representative; and For the recount of a contest for continuing an appellate judge in office, to the judge seeking continuance in office. Notice to State Board. For every recount, a notice of recount shall also be given to the State Board. Upon receipt of a petition, the local board shall provide to the voting system vendor the notice required in Regulation .03A of this chapter. In General. The recount shall be conducted by the local board, with the assistance of: The board's regular staff; and If needed: Substitute board members; Additional temporary staff, including individuals who served as election judges in the same election; and State Board staff. Compensation of Substitute Members. If a substitute board member participates in the recount, that member is entitled to compensation at a rate established by the local board. Subject to the directions of the State Board of Elections and the local board, the election director shall supervise the recount. Election Director to Appoint. The election director shall appoint one or more special teams, as may be needed for conducting the recount. Qualifications. A person appointed to a special team must be a member, a substitute member, or a regular or temporary employee of a local board or the State Board. Composition. Each special team shall be comprised of two or more members. When practicable, at least two of those members shall have different party affiliations. Before the recount begins, the local board shall: Instruct all personnel in their respective duties; and Have them complete and sign a recount assignment sheet, in the form specified by the State Board. Start Time. Except as provided in Regulation .10 of this chapter, the recount shall begin within 2 business days of receiving the petition. Continuation. The recount shall continue daily, at least 8 hours each day, until completion. The board may suspend the recount on Sundays and State holidays. If a petition for recount is filed before the official canvass is completed, the local board shall finish the canvass and then conduct the recount. Election Law Article, §§2-102(b)(4), 2-202(b), and 12-106(a), Annotated Code of Maryland Effective date: Regulations .01—.10 adopted as an emergency provision effective February 1, 2000 (27:6 Md. R. 637); adopted permanently effective April 17, 2000 (27:7 Md. R. 709) Regulation .01B amended effective November 24, 2003 (30:23 Md. R. 1655); October 2, 2023 (50:19 Md. R. 854) Regulation .02 amended as an emergency provision effective October 31, 2008 (35:24 Md. R. 2074); emergency status expired January 20, 2009; amended permanently effective March 9, 2009 (36:5 Md. R. 424) Regulation .03A, B amended as an emergency provision effective October 31, 2008 (35:24 Md. R. 2074); emergency status expired January 20, 2009; amended permanently effective March 9, 2009 (36:5 Md. R. 424) Regulation .04 amended as an emergency provision effective October 31, 2008 (35:24 Md. R. 2074); emergency status expired January 20, 2009; amended permanently effective March 9, 2009 (36:5 Md. R. 424) Regulation .05A amended effective July 10, 2023 (50:13 Md. R. 514) Regulation .06 amended as an emergency provision effective October 31, 2008 (35:24 Md. R. 2074); emergency status expired January 20, 2009; amended permanently effective March 9, 2009 (36:5 Md. R. 424) Regulation .07B amended effective February 12, 2018 (45:3 Md. R. 159) Regulation .09B amended as an emergency provision effective October 31, 2008 (35:24 Md. R. 2074); emergency status expired January 20, 2009; amended permanently effective March 9, 2009 (36:5 Md. R. 424) Except as otherwise provided in this subtitle, the regulations in COMAR 33.08 apply to any recount. Recount Open to Public. Every recount shall be conducted publicly, open to candidates and their representatives, other parties to the recount, the media, and the general public. Record of Attendance. The local board shall require all persons attending the recount to complete and sign an attendance sheet, indicating whom they represent and the dates and times of attendance. The attendance sheet shall be in the form specified by the State Board. In General. Every recount shall be conducted in one recount room, and in an orderly manner so as to ensure an accurate count. Recount Room Arrangement. The election director shall arrange the recount room in an orderly manner that: Is consistent with the layout specified by the State Board; and Prevents retabulated ballots from being mixed with ballots not yet retabulated. Communications with Personnel. Candidates and their representatives, other parties to the recount, the media, and other observers may not speak, otherwise communicate, or in any way interfere with any of the special teams or other personnel conducting the recount. All questions about the recount shall be directed solely to the election director. In General. Whenever a break is taken during the recount, for example, meal breaks, overnight, etc., the recount room shall be unoccupied and secured. Duties of Election Director. The election director shall: Secure the room in the presence of at least one board member; and Control all access to the room. While the recount is in progress, the election director shall keep all parties to the recount informed of its status and interim recount results. Required. The election director shall: Document the entire recount process using a recount log; and Document the tally process for each contest using precinct tally sheets and contest tally sheets. Forms. The recount log and the tally sheets shall be in the forms specified by the State Board. Election Law Article, §§2-102(b)(4), 2-202(b), and 12-106(a), Annotated Code of Maryland Effective date: Regulations .01—.06 adopted as an emergency provision effective February 1, 2000 (27:6 Md. R. 637); adopted permanently effective April 17, 2000 (27:7 Md. R. 709) Regulation .04 amended effective February 29, 2016 (43:4 Md. R. 335) A recount: May encompass precincts from more than one county; but Is limited to the contest and the precincts specified in the petition. Required. The board shall first ascertain that the ballot used in the contest to be recounted was the correct ballot. Methods. For direct recording equipment, the determination shall be made by inspecting the ballot as it appeared on the face of the machine. For paper ballots on which the ballot information is printed, the determination shall be made: As the ballots are manually counted; or By inspecting the ballots before machine tabulation. Report of Incorrect Ballot. If the board finds that an incorrect ballot was used in one or more precincts, it shall immediately notify the State Board. Method of Recount. The procedure for recounting absentee and provisional ballots shall be the same as for recounting other ballots, as provided in this subtitle. Absentee and provisional ballots shall be recounted in a way that assures voter confidentiality. Reporting Recount. Absentee and provisional ballots shall be recounted and reported as separate tallies. To ensure accuracy, every effort should be made to schedule necessary interruptions of the recount, such as for lunch, for breaks, or to end the day, so that the interruptions do not fall in the middle of the count for a precinct. In General. After the recount is complete, the local board shall correct, as appropriate: The official returns; and Any certificates that were issued on the basis of those returns. Notice to State Board. The local board shall immediately notify the State Board of all corrections made to official returns as a result of the recount. The State Board shall then correct its official canvass records accordingly. Voting Machines. Voting machines and direct recording equipment reviewed in the recount shall: Be closed, secured, and, if necessary, resealed; and Remain secured and sealed until the State Administrator releases them. Ballots. Ballots shall be: Assembled, packaged, sealed, and placed in appropriate secure storage; and Retained as long as required by law. Documents, Paraphernalia. All tally sheets, canvass sheets, memory devices, programs, printouts, and any other documents and paraphernalia associated with counting, documenting, or validating the election shall be: Packaged and placed in appropriate secure storage; and Retained as long as required by law. In General. If a recount is not completed, the local board shall not make any changes to: The official returns; and Any certificates that were issued on the basis of those returns. Notice to State Board of Elections. The local board shall immediately notify the State Board that the recount was terminated. Election Law Article, §§2-102(b)(4), 2-202(b), and 12-106(a), Annotated Code of Maryland Effective date: Regulations .01—.06 adopted as an emergency provision effective February 1, 2000 (27:6 Md. R. 637); adopted permanently effective April 17, 2000 (27:7 Md. R. 709) Regulation .02B amended as an emergency provision effective October 22, 2004 (31:23 Md. R. 1650); amended permanently effective February 14, 2005 (32:3 Md. R. 290) Regulation .02B amended as an emergency provision effective June 2, 2006 (33:13 Md. R. 1062); amended permanently effective August 14, 2006 (33:16 Md. R. 1366) Regulation .02B amended as an emergency provision effective October 31, 2008 (35:24 Md. R. 2074); emergency status expired January 20, 2009; amended permanently effective March 9, 2009 (36:5 Md. R. 424) Regulation .03 amended as an emergency provision effective June 2, 2006 (33:13 Md. R. 1062); amended permanently effective August 14, 2006 (33:16 Md. R. 1366) Regulation .06A amended effective February 29, 2016 (43:4 Md. R. 335) Regulation .06C amended as an emergency provision effective October 31, 2008 (35:24 Md. R. 2074); emergency status expired January 20, 2009; amended permanently effective March 9, 2009 (36:5 Md. R. 424) Regulation .06A, C amended effective February 29, 2016 (43:4 Md. R. 335) Regulation .07 adopted effective September 29, 2025 (52:19 Md. R. 957) This chapter applies to the recount of votes that were cast on ballots and counted using an optical scan system. For votes to be recounted under this chapter, the petitioner shall specify whether the recount shall be conducted by: Manually retabulating the printed election totals reports; Rescanning all ballots using: The same vote tabulating equipment that was used in the election; or Alternative vote tabulating equipment, if alternative equipment is available and its use is feasible; Manually retabulating all ballots; or Any other recount option approved by the State Administrator. Scope. This regulation applies when the petitioner specifies that the ballots are to be recounted on vote tabulating equipment. Preparation. The election director shall: Where applicable, prepare the tabulating unit certified for use in the State; Assemble all materials needed to conduct the recount; and Appoint the special teams needed for the recount, assigning a team identifier to each (for example, “Team A”, “Team B”, etc.). Precount Testing. Immediately before ballots are recounted, the election director shall assign a special team to conduct the appropriate logic and accuracy test. Issuing Ballots. The election director shall then: Issue ballots for recounting to the special teams; and Record in the recount log: The team identifier; The ballots issued to the team; and Later, the ballots returned by the team. Each team may be issued the ballots of only one precinct at a time. The ballots shall be issued to a team in batches consisting of a controllable number of ballots (for example, 25). Recount Procedure. Each special team shall: Retabulate the ballots for the precinct assigned; Record the vote totals from the precinct on the precinct tally sheet; Sign the precinct tally sheet; and Give the precinct tally sheet and retabulated ballots to the election director. The election director shall then: Recalculate the totals on the precinct tally sheets; and Enter those totals on the contest tally sheet. Securing Materials. After each precinct has been recounted, the election director shall: Secure the ballots from that precinct; Invite all interested parties to verify the security; and Place the ballots in a locked area. Certification. After all precincts have been recounted, the election director shall: Complete and sign the contest tally sheet; and Present the contest and precinct tally sheets to the local board. The board shall: Recalculate the totals reported on the contest tally sheet; and If the totals are correct, sign the recount certification statement on the contest tally sheet. Scope. This regulation applies when the petitioner specifies that the ballots are to be recounted manually. Methods. For recounting a ballot question contest or a candidate contest in which a voter casts not more than one vote, the sort method specified in Regulation .05 of this chapter shall be used. For all other contests, the tally method specified in Regulation .06 of this chapter shall be used. Preparation. The election director shall: Assemble all materials needed to conduct the recount; and Appoint the special teams needed for the recount, assigning a team identifier to each (for example, “Team A”, “Team B”, etc.). Issuing Ballots. The election director shall then: Issue the ballots for recounting to the special teams; and Record in the recount log: The team identifier, The ballots issued to the team, and Later, the ballots returned by the team. Each team may be issued the ballots of only one precinct at a time. The ballots shall be issued to a team in batches consisting of a controllable number of ballots (for example, 25). Evaluating Ballot Validity. Each team shall first evaluate the ballots to ensure that they are valid in accordance with recount procedures established by the State Board. If a team does not agree or cannot decide on the validity of a ballot or vote, the team shall refer the ballot to the election director, who shall submit it to the board for determination. Recount. The special teams shall then proceed to recount the remaining ballots, as provided in Regulation .05 or .06 of this chapter, as the case may be. Securing Materials. After each precinct has been recounted, the election director shall: Secure the ballots from that precinct; Invite all interested parties to verify the security; and Place the ballots in a locked area. Certification. After all precincts have been recounted, the election director shall: Complete and sign the contest tally sheet; and Present the contest and precinct tally sheets to the local board. The board shall: Recalculate the totals reported on the contest tally sheet; and If the totals are correct, sign the recount certification statement on the contest tally sheet. Sorting. One team member shall sort and the other team member shall watch to ensure accuracy. The ballots shall be sorted as follows: A batch for each candidate or ballot question response selected by the voter; A batch for ballots without a vote for the contest being tabulated; For general elections, a batch for ballots for each officially filed write-in candidate; and For general elections, a batch for all other write-in votes. Recount Procedure. When all ballots have been sorted, each team member shall independently count the ballots in each batch. If the team members' results are not identical, they shall recount the ballots until they obtain identical results. When the team members' results are identical, they shall: Record the vote totals on the precinct tally sheet; Sign the precinct tally sheet; and Give the precinct tally sheet and the recounted ballots to the election director. The election director shall then enter that precinct's totals on the contest tally sheet. Team Composition. For the tally method, each special team shall comprise: One caller; Two tally clerks; and One watcher. When practicable, the caller and watcher shall be of different party affiliations. Recount Procedure. For each ballot: The caller shall call the votes cast in the contest being recounted; The watcher shall ensure the accuracy of the calling; and The two tally clerks shall each independently record the votes as they are called. Periodically, the tally clerks shall compare their results to make sure they are identical. If the results are not identical, the count shall be redone, beginning with the point of the last successful comparison check, until the two tally clerks obtain identical results. When all votes in the precinct have been tallied, the tally clerks shall: Record the vote totals on the precinct tally sheet; Sign the precinct tally sheet; and Give the precinct tally sheet and the recounted ballots to the election director. The election director shall then enter that precinct's totals on the contest tally sheet. Election Law Article, §§2-102(b)(4), 2-202(b), and 12-106(a), Annotated Code of Maryland Effective date: Regulations .01—.06 adopted as an emergency provision effective February 1, 2000 (27:6 Md. R. 637); adopted permanently effective April 17, 2000 (27:7 Md. R. 709) Regulation .01 amended as an emergency provision effective October 22, 2004 (31:23 Md. R. 1650); amended permanently effective February 14, 2005 (32:3 Md. R. 290) Regulation .01 amended as an emergency provision effective October 31, 2008 (35:24 Md. R. 2074); amended permanently effective March 9, 2009 (36:5 Md. R. 424) Regulation .02 amended as an emergency provision effective October 22, 2004 (31:23 Md. R. 1650); amended permanently effective February 14, 2005 (32:3 Md. R. 290) Regulation .02 amended as an emergency provision effective October 31, 2008 (35:24 Md. R. 2074); emergency status expired January 20, 2009; amended permanently effective March 9, 2009 (36:5 Md. R. 424) Regulation .02 amended effective February 29, 2016 (43:4 Md. R. 335) Regulation .03 amended as an emergency provision effective October 31, 2008 (35:24 Md. R. 2074); emergency status expired January 20, 2009; amended permanently effective March 9, 2009 (36:5 Md. R. 424) Regulation .03B amended effective February 29, 2016 (43:4 Md. R. 335) Regulation .05A amended as an emergency provision effective October 31, 2008 (35:24 Md. R. 2074); emergency status expired January 20, 2009; amended permanently effective March 9, 2009 (36:5 Md. R. 424) Effective date: Regulations .01—.06 adopted as an emergency provision effective February 1, 2000 (27:6 Md. R. 637); adopted permanently effective April 17, 2000 (27:7 Md. R. 709) Chapter revised as an emergency provision effective October 22, 2004 (31:23 Md. R. 1650); revised permanently effective February 14, 2005 (32:3 Md. R. 290) Regulation .02 amended as an emergency provision effective October 31, 2008 (35:24 Md. R. 2074); emergency status expired January 20, 2009; amended permanently effective March 9, 2009 (36:5 Md. R. 424) Regulations .01—.05 repealed effective June 3, 2019 (46:11 Md. R. 517) A challenge to any part of the recount may be made by any person with standing to file a petition for the recount being conducted, even if that person was not the one who filed the actual petition. A challenge may be based on an action or decision of the local board during the recount. To Election Director. If a person seeks to challenge some action then being taken, the person may ask the election director to temporarily stop the action so that the person can interpose a challenge. Reasons To Be Given. In all events, the person making the challenge shall state the reason for the challenge. Marking Ballot. If the challenge is to a ballot, the official whose action has been challenged shall: Count the vote as the official believes proper; and Set it aside with an attached notation on: How it was counted; The nature of the challenge; The name of the official; and The name of the challenger. Board To Decide Promptly. The board shall decide the challenge promptly and expeditiously so as not to delay the recount. Standards. A vote may not be disallowed except by unanimous vote of all board members. Board Decision Final. The decision of the board is final. Election Law Article, §§2-102(b)(4), 2-202(b), and 12-106(a), Annotated Code of Maryland Effective date: Regulations .01—.04 adopted as an emergency provision effective February 1, 2000 (27:6 Md. R. 637); adopted permanently effective April 17, 2000 (27:7 Md. R. 709) Chapter 33.12.07 Recount Procedures—Mechanical Lever Machines repealed as an emergency provision effective October 22, 2004 (31:23 Md. R. 1650); repealed permanently effective February 14, 2005 (32:3 Md. R. 290) Chapter recodified from COMAR 33.12.08 to COMAR 33.12.07 as an emergency provision effective October 22, 2004 (31:23 Md. R. 1650); recodified permanently effective February 14, 2005 (32:3 Md. R. 290) Regulation .02 amended effective February 29, 2016 (43:4 Md. R. 335) Regulation .04C amended effective February 29, 2016 (43:4 Md. R. 335) Determination. After the recount is completed, the local board and State Board shall jointly determine the actual cost of the recount. Payment by Petitioner. Except as provided in §C of this regulation, the petitioner is liable for the actual cost of the recount. The local board may collect that cost from the bond previously filed with the petition. Payment by County. In any of the circumstances described in Election Law Article, §12-107(b)(2), Annotated Code of Maryland, the county bears the full cost of the recount in that county. Request to Terminate Early. At any time during the recount, the petitioner may make a written request to terminate the recount. The termination request shall be filed with the same election authority (State Board or local board) with which the petition was filed. Notices of Termination. The State Board shall promptly notify each appropriate local board of a termination request filed with the State Board. A local board shall promptly notify the State Board of a termination request filed with the local board. Determination of Costs. The local board and State Board shall jointly determine the actual cost incurred up until the actual termination of work. Payment by Petitioner. Except as provided in Election Law Article, §12-107(b)(2)(iii), Annotated Code of Maryland, the petitioner is liable for the actual cost incurred up until the actual termination of work. The local board may collect that cost from the bond previously filed with the petition. Payment by County. In the circumstances described in Election Law Article, §12-107(b)(2)(iii), Annotated Code of Maryland, the county bears the full cost of the recount in that county. Election Law Article, §§2-102(b)(4), 2-202(b), and 12-106(a), Annotated Code of Maryland Effective date: Regulations .01, .02 adopted as an emergency provision effective February 1, 2000 (27:6 Md. R. 637); adopted permanently effective April 17, 2000 (27:7 Md. R. 709) Chapter recodified from COMAR 33.12.09 to COMAR 33.12.08 as an emergency provision effective October 22, 2004 (31:23 Md. R. 1650); recodified permanently effective February 14, 2005 (32:3 Md. R. 290)