# COMAR Title 33 — State Board of Elections

## Subtitle 12 — Recounts

### Chapter 07 — Challenges

**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—.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)

**Administrative History:** Chapter 33.12.07 Recount Procedures—Mechanical Lever Machines repealed as an emergency provision effective October 22, 2004 (31:23 Md. R. 1650); repealed permanently effective February 14, 2005 (32:3 Md.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)

**Administrative 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)

**Administrative History:** Regulation .02 amended effective February 29, 2016 (43:4 Md. R. 335)

**Administrative History:** Regulation .04C amended effective February 29, 2016 (43:4 Md. R. 335)

#### Regulation .01 Standing to Challenge.

*COMAR 33.12.07.01*

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.

*COMAR 33.12.07.02*

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

#### Regulation .03 Method of Raising a Challenge.

*COMAR 33.12.07.03*

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.

*COMAR 33.12.07.04*

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.