Plain Text Law

Chapter 07. Challenges

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Regulation .01 Standing to Challenge.Copy Citation

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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.

Regulation .02 Basis for Challenge.Copy Citation

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A challenge may be based on an action or decision of the local board during the recount.

Regulation .03 Method of Raising a Challenge.Copy Citation

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A.
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.
B.
Reasons To Be Given. In all events, the person making the challenge shall state the reason for the challenge.

Regulation .04 Resolution.Copy Citation

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A.
Marking Ballot. If the challenge is to a ballot, the official whose action has been challenged shall:
(1)
Count the vote as the official believes proper; and
(2)
Set it aside with an attached notation on:
(a)
How it was counted;
(b)
The nature of the challenge;
(c)
The name of the official; and
(d)
The name of the challenger.
B.
Board To Decide Promptly. The board shall decide the challenge promptly and expeditiously so as not to delay the recount.
C.
Standards. A vote may not be disallowed except by unanimous vote of all board members.
D.
Board Decision Final. The decision of the board is final.
Chapter annotations
Authority: Election Law Article, §§2-102(b)(4), 2-202(b), and 12-106(a), Annotated Code of Maryland
History: Effective date:
History: 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)
History: Chapter 33.12.07 Recount Procedures—Mechanical Lever Machines repealed as an emergency provision effective October 22, 2004 (31:23 Md. R. 1650); repealed permanently effective February 14, 2005 (32:3 Md.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)
History: 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)
History: Regulation .02 amended effective February 29, 2016 (43:4 Md. R. 335)
History: Regulation .04C amended effective February 29, 2016 (43:4 Md. R. 335)