# COMAR Title 33 — State Board of Elections

## Subtitle 12 — Recounts

### Chapter 02 — Initiation of Recounts

**Authority:** Election Law Article, §§2-102(b)(4), 2-202(b), and 12-106(a), Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** 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)

**Administrative History:** Regulation .01B amended effective November 24, 2003 (30:23 Md. R. 1655); October 2, 2023 (50:19 Md. R. 854)

**Administrative History:** 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)

**Administrative History:** 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)

**Administrative History:** 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)

**Administrative History:** Regulation .05A amended effective July 10, 2023 (50:13 Md. R. 514)

**Administrative History:** 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)

**Administrative History:** Regulation .07B amended effective February 12, 2018 (45:3 Md. R. 159)

**Administrative History:** 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)

#### Regulation .01 Petition.

*COMAR 33.12.02.01*

A. Who May File.

  (1) In a contest for public or party office:

    (a) 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

    (b) An opposing candidate of the petitioner may counterpetition for a recount, as provided in Election Law Article, §12-102, Annotated Code of Maryland.

  (2) In a contest for a question on the ballot:

    (a) 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

    (b) 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.

B. Contents. The petition shall specify:

  (1) Whether the recount is requested for:

    (a) All the precincts in which the contest was on the ballot, or

    (b) Only certain precincts, to be designated in the petition;

  (2) The recount method authorized by this subtitle the petitioner selects to use; and

  (3) The order in which the precincts named in the recount petition should be counted.

C. 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.

D. Bond. The petition shall be accompanied by a bond, as provided in Election Law Article, §12-105, Annotated Code of Maryland.

E. 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.

#### Regulation .02 Cost Estimate.

*COMAR 33.12.02.02*

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:

A. Number of hours needed to complete the recount; and

B. Cost per hour.

#### Regulation .03 Notice to Affected Parties.

*COMAR 33.12.02.03*

A. Notice Required.

  (1) 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) A notice of recount, in the form specified by the State Board; and

    (b) A copy of the petition or information on where the petition is posted on the Internet.

  (2) The notice of recount shall specify the date, time, and place of the recount.

B. Notice to Candidates, etc. A notice of recount shall be given to the following:

  (1) 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;

  (2) 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;

  (3) 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;

  (4) 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

  (5) For the recount of a contest for continuing an appellate judge in office, to the judge seeking continuance in office.

C. Notice to State Board. For every recount, a notice of recount shall also be given to the State Board.

#### Regulation .04 Notice to Voting System Vendor.

*COMAR 33.12.02.04*

Upon receipt of a petition, the local board shall provide to the voting system vendor the notice required in Regulation .03A of this chapter.

#### Regulation .05 Personnel—In General.

*COMAR 33.12.02.05*

A. In General. The recount shall be conducted by the local board, with the assistance of:

  (1) The board's regular staff; and

  (2) If needed:

    (i) Substitute board members;

    (ii) Additional temporary staff, including individuals who served as election judges in the same election; and

    (iii) State Board staff.

B. 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.

#### Regulation .06 Personnel—Election Director.

*COMAR 33.12.02.06*

Subject to the directions of the State Board of Elections and the local board, the election director shall supervise the recount.

#### Regulation .07 Personnel — Special Teams.

*COMAR 33.12.02.07*

A. Election Director to Appoint. The election director shall appoint one or more special teams, as may be needed for conducting the recount.

B. 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.

C. Composition.

  (1) Each special team shall be comprised of two or more members.

  (2) When practicable, at least two of those members shall have different party affiliations.

#### Regulation .08 Personnel—Instructions; Assignments.

*COMAR 33.12.02.08*

Before the recount begins, the local board shall:

A. Instruct all personnel in their respective duties; and

B. Have them complete and sign a recount assignment sheet, in the form specified by the State Board.

#### Regulation .09 Scheduling.

*COMAR 33.12.02.09*

A. Start Time. Except as provided in Regulation .10 of this chapter, the recount shall begin within 2 business days of receiving the petition.

B. Continuation.

  (1) The recount shall continue daily, at least 8 hours each day, until completion.

  (2) The board may suspend the recount on Sundays and State holidays.

#### Regulation .10 When Canvass Not Yet Completed.

*COMAR 33.12.02.10*

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.