# COMAR Title 33 — State Board of Elections

## Subtitle 12 — Recounts

### Chapter 04 — Recount Procedures — In General

**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—.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)

**Administrative History:** 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)

**Administrative History:** 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)

**Administrative History:** 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)

**Administrative History:** 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)

**Administrative History:** Regulation .06A amended effective February 29, 2016 (43:4 Md. R. 335)

**Administrative History:** 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)

**Administrative History:** Regulation .06A, C amended effective February 29, 2016 (43:4 Md. R. 335)

**Administrative History:** Regulation .07 adopted effective September 29, 2025 (52:19 Md. R. 957)

#### Regulation .01 Scope of Recount.

*COMAR 33.12.04.01*

A recount:

A. May encompass precincts from more than one county; but

B. Is limited to the contest and the precincts specified in the petition.

#### Regulation .02 Verifying Ballot.

*COMAR 33.12.04.02*

A. Required. The board shall first ascertain that the ballot used in the contest to be recounted was the correct ballot.

B. Methods.

  (1) For direct recording equipment, the determination shall be made by inspecting the ballot as it appeared on the face of the machine.

  (2) For paper ballots on which the ballot information is printed, the determination shall be made:

    (a) As the ballots are manually counted; or

    (b) By inspecting the ballots before machine tabulation.

C. 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.

#### Regulation .03 Absentee and Provisional Ballots.

*COMAR 33.12.04.03*

A. Method of Recount.

  (1) The procedure for recounting absentee and provisional ballots shall be the same as for recounting other ballots, as provided in this subtitle.

  (2) Absentee and provisional ballots shall be recounted in a way that assures voter confidentiality.

B. Reporting Recount. Absentee and provisional ballots shall be recounted and reported as separate tallies.

#### Regulation .04 Breaks.

*COMAR 33.12.04.04*

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.

#### Regulation .05 Corrections.

*COMAR 33.12.04.05*

A. In General. After the recount is complete, the local board shall correct, as appropriate:

  (1) The official returns; and

  (2) Any certificates that were issued on the basis of those returns.

B. Notice to State Board.

  (1) The local board shall immediately notify the State Board of all corrections made to official returns as a result of the recount.

  (2) The State Board shall then correct its official canvass records accordingly.

#### Regulation .06 Securing Materials After Recount.

*COMAR 33.12.04.06*

A. Voting Machines. Voting machines and direct recording equipment reviewed in the recount shall:

  (1) Be closed, secured, and, if necessary, resealed; and

  (2) Remain secured and sealed until the State Administrator releases them.

B. Ballots. Ballots shall be:

  (1) Assembled, packaged, sealed, and placed in appropriate secure storage; and

  (2) Retained as long as required by law.

C. 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:

  (1) Packaged and placed in appropriate secure storage; and

  (2) Retained as long as required by law.

#### Regulation .07 Effect of Ending a Recount Prior to Completion.

*COMAR 33.12.04.07*

A. In General. If a recount is not completed, the local board shall not make any changes to:

  (1) The official returns; and

  (2) Any certificates that were issued on the basis of those returns.

B. Notice to State Board of Elections. The local board shall immediately notify the State Board that the recount was terminated.