Md. Code, Election Law, Title 12

Md. Code, Election Law, Title 12
in effect

Md. Code, Election Law § 12-101

(a) (1) Except as provided in paragraph (2) of this subsection, a candidate for public or party office who has been defeated based on the certified results of any election conducted under this article may petition for a recount of the votes cast for the office sought. (2) A candidate may not petition for a recount if the margin of difference between the number of votes received by an apparent winner and the losing candidate with the highest number of votes for the office is greater than 5% of the total votes cast for those candidates. (b) The petition shall specify that the recount be conducted: (1) in all of the precincts in which the office was on the ballot; or (2) only in the precincts designated in the petition. (c) The petition shall be filed with the board with which the candidate’s certificate of candidacy was filed. (d) The petition must be filed within 3 days after the results of the election have been certified. (e) (1) The State Board shall promptly notify each appropriate local board of a petition that is filed with the State Board. (2) A local board shall promptly notify the State Board of a petition that is filed with the local board.

Md. Code, Election Law § 12-102

(a) An opposing candidate of the petitioner under § 12-101 of this subtitle may file a counterpetition if: (1) the petition filed under § 12-101 of this subtitle did not specify all of the precincts in which the office was on the ballot; and (2) on completion of the recount, the winner of the election is changed. (b) A counterpetition shall be a request for a recount of the votes for the office in the precincts not specified by the petitioner under § 12-101 of this subtitle. (c) The opposing candidate shall file the counterpetition with the board with which the candidate’s certificate of candidacy was filed. (d) The petition must be filed within 2 days of the determination under subsection (a)(2) of this section. (e) (1) The State Board shall promptly notify each appropriate local board of a counterpetition that is filed with the State Board. (2) A local board shall promptly notify the State Board of a counterpetition that is filed with the local board.

Md. Code, Election Law § 12-103

(a) (1) Except as provided in paragraph (2) of this subsection, a petition for a recount based on the certified results of a question on the ballot in an election conducted under this article may be filed by a registered voter eligible to vote for that question. (2) A registered voter may not file a petition for a recount if the margin of difference between the number of votes cast for and the number of votes cast against the question is greater than 5%. (b) The petition shall specify that the recount be conducted: (1) in all of the precincts in which the question was on the ballot; or (2) only in precincts designated in the petition. (c) (1) If the question was on the ballot in one county, the petition shall be filed in that county. (2) If the question was on the ballot in more than one county, the petition shall be filed with the State Board. (d) The petition must be filed within 3 days after the results of the election are certified. (e) (1) The State Board shall promptly notify each appropriate local board of a petition that is filed with the State Board. (2) A local board shall promptly notify the State Board of a petition that is filed with the local board.

Md. Code, Election Law § 12-104

(a) A counterpetition to a question filed under § 12-103 of this subtitle may be filed by a voter eligible to vote for that question, if: (1) the petition filed under § 12-103 of this subtitle did not specify all of the precincts in which the question was on the ballot; and (2) on completion of the recount, the outcome of the election is changed. (b) A counterpetition shall be a request for a recount of the votes for the question in the precincts not specified by the petitioner under § 12-103 of this subtitle. (c) (1) If the question was on the ballot in one county, the counterpetition shall be filed in that county. (2) If the question was on the ballot in more than one county, the counterpetition shall be filed with the State Board. (d) The petition shall be filed within 2 days of the determination under subsection (a)(2) of this section. (e) (1) The State Board shall promptly notify each appropriate local board of a counterpetition that is filed with the State Board. (2) A local board shall promptly notify the State Board of a counterpetition that is filed with the local board.

Md. Code, Election Law § 12-105

(a) A petition or counterpetition filed under this subtitle shall be filed with a bond as provided under subsection (b) of this section. (b) (1) If a recount is being conducted in only one county, a judge of the circuit court of the county shall determine and set the bond to be filed by the petitioner or counterpetitioner sufficient to pay the reasonable costs of the recount. (2) If the recount is being conducted in more than one county, a judge of the Circuit Court for Anne Arundel County shall determine and set the bond.

Md. Code, Election Law § 12-106

(a) In accordance with regulations adopted by the State Board, the local board shall: (1) conduct the recount and certify the official result of the election or question which is the subject of the recount; and (2) ensure the public’s ability to be present while the recount is conducted. (b) The State Board shall monitor and support the work of any local board conducting a recount to ensure compliance with this subtitle. (c) The State Board shall establish a procedure that will allow petitioners and counterpetitioners to request that a recount be terminated prior to its completion. (d) When a recount is completed, the local board, and when appropriate the State Board, shall correct the primary, general, or special election returns and certificates that were made by a canvassing board.

Md. Code, Election Law § 12-107

(a) In this section, “petitioner” includes a counterpetitioner. (b) (1) Except as provided in paragraph (2) of this subsection, each petitioner shall pay the cost of a recount requested under this subtitle and the petitioner’s bond is liable for the cost. (2) The petitioner is not liable for the costs of the recount if: (i) the outcome of the election is changed; (ii) the petitioner has gained a number of votes, for the petitioner’s candidacy or for or against the question that is the subject of the petition, equal to 2% or more of the total votes cast for the office or on the question, in all precincts being recounted; or (iii) 1. the margin of difference in the number of votes received by an apparent winner and the losing candidate with the highest number of votes for an office is 0.25% or less of the total votes cast for those candidates; or 2. in the case of a question, the margin of difference between the number of votes cast for and the number cast against the question is 0.25% or less. (c) If the petitioner is not liable for the costs of the recount as provided in subsection (b) of this section, a county shall pay the costs of the recount in that county.

Md. Code, Election Law § 12-108

(a) (1) In this section the following words have the meanings indicated. (2) “Duplicate ballot” means a paper ballot that: (i) is created by a local board for purposes of vote tabulation by an optical scanner because the voter–verifiable paper record submitted by the voter is not acceptable for vote tabulation by an optical scanner; and (ii) is a copy of a voter–verifiable paper record that: 1. for an absentee ballot returned by mail, reflects the intent of the voter; or 2. for a provisional ballot, includes only the votes for contests for which the voter is eligible to vote. (3) “Voter–verifiable paper record” has the meaning stated in § 9–102 of this article. (b) (1) In a recount under this subtitle, subject to paragraph (2) of this subsection, the petitioner shall select the method for conducting the recount. (2) The petitioner may select only one of the following methods: (i) rescanning the ballots using: 1. the same vote tabulating equipment that was used in the election; or 2. alternative vote tabulating equipment, if alternative equipment is available and its use is feasible, as determined by the State Board; (ii) a manual recount of voter–verifiable paper records; or (iii) any other recount method approved by the State Administrator. (c) A local board shall: (1) preserve the voter–verifiable paper record corresponding to each duplicate ballot that is created; and (2) store each duplicate ballot that is created together with the corresponding voter–verifiable paper record. (d) In a recount under this subtitle, a local board shall: (1) examine the voter–verifiable paper record and duplicate ballot; and (2) (i) if the voter–verifiable paper record and duplicate ballot do not match, create a new duplicate ballot that accurately reflects the voter’s intent and count that duplicate ballot; or (ii) if the voter–verifiable paper record and duplicate ballot match, count the duplicate ballot.

Md. Code, Election Law § 12-202

(a) If no other timely and adequate remedy is provided by this article, a registered voter may seek judicial relief from any act or omission relating to an election, whether or not the election has been held, on the grounds that the act or omission: (1) is inconsistent with this article or other law applicable to the elections process; and (2) may change or has changed the outcome of the election. (b) A registered voter may seek judicial relief under this section in the appropriate circuit court within the earlier of: (1) 10 days after the act or omission or the date the act or omission became known to the petitioner; or (2) 7 days after the election results are certified, unless the election was a gubernatorial primary or special primary election, in which case 3 days after the election results are certified.

Md. Code, Election Law § 12-203

(a) A proceeding under this subtitle shall be conducted in accordance with the Maryland Rules, except that: (1) the proceeding shall be heard and decided without a jury and as expeditiously as the circumstances require; (2) on the request of a party or sua sponte, the chief administrative judge of the circuit court may assign the case to a three–judge panel of circuit court judges; and (3) an appeal shall be taken directly to the Supreme Court of Maryland within 5 days of the date of the decision of the circuit court. (b) The Supreme Court of Maryland shall give priority to hear and decide an appeal brought under subsection (a)(3) of this section as expeditiously as the circumstances require.

Md. Code, Election Law § 12-204

(a) The court may provide a remedy as provided in subsection (b) or (c) of this section if the court determines that the alleged act or omission materially affected the rights of interested parties or the purity of the elections process and: (1) may have changed the outcome of an election already held; or (2) may change the outcome of a pending election. (b) If the court makes an affirmative determination that an act or omission was committed that changed the outcome of an election already held, the court shall: (1) declare void the election for the office or question involved and order that the election be held again at a date set by the court; or (2) order any other relief that will provide an adequate remedy. (c) If the court makes an affirmative determination that an act or omission has been committed that may change the outcome of a pending election, the court may: (1) order any relief it considers appropriate under the circumstances; and (2) if the court determines that it is the only relief that will provide a remedy, direct that the election for the office or question involved be postponed and rescheduled on a date set by the court. (d) A determination of the court under subsection (a) of this section shall be based on clear and convincing evidence.

Md. Code, Election Law § 12-301

(a) In this subtitle the following words have the meanings indicated. (b) (1) “Contested election” means an election subject to: (i) a recount under Subtitle 1 of this title; or (ii) a judicial challenge under Subtitle 2 of this title. (2) “Contested election” includes an election that may be subject to a recount under Subtitle 1 of this title, but for which a recount does not occur because neither candidate files a formal recount petition or initiates a judicial action. (c) “Contested election committee” means an entity formed for the exclusive purpose of receiving donations and making disbursements relating to a contested election.

Md. Code, Election Law § 12-302

(a) This subtitle applies only to a person that accepts public campaign financing under: (1) Title 15 of this article; or (2) § 13–505 of this article. (b) A person may accept a donation or make a disbursement relating to a contested election only if the person: (1) establishes a contested election committee; and (2) discloses the donations and disbursements in accordance with this subtitle.

Md. Code, Election Law § 12-303

A person may establish a contested election committee at any time by filing a statement of organization with the State Board that includes: (1) the appointment of a treasurer; and (2) any other information that the State Board requires.

Md. Code, Election Law § 12-304

(a) A contested election committee shall: (1) deposit all donations received in a designated bank account; and (2) make all disbursements from the designated bank account. (b) Disbursements of a contested election committee shall: (1) pass through the hands of the treasurer; and (2) be in accordance with the purpose of the entity.

Md. Code, Election Law § 12-305

(a) (1) A person that accepts public campaign financing under Title 15 of this article may not solicit or accept a donation on behalf of a contested election committee in excess of the contribution limits established under Title 15 of this article. (2) A person that accepts public campaign financing under § 13–505 of this article may not solicit or accept a donation on behalf of a contested election committee in excess of the contribution limits established in law by the governing body of the county in accordance with § 13–505 of this article. (b) (1) A contested election committee may not accept a loan other than a loan from: (i) a financial institution or other entity in the business of making loans; or (ii) the personal funds of a candidate or the candidate’s spouse if the contested election committee was established to finance a recount of an election in which the candidate was on the ballot. (2) A loan under this subsection may be of any amount.

Md. Code, Election Law § 12-306

(a) The treasurer of a contested election committee shall maintain detailed and accurate records of all: (1) donations received by the contested election committee; (2) disbursements made by the contested election committee; and (3) outstanding obligations of the contested election committee. (b) A contested election committee shall retain the records required to be maintained under subsection (a) of this section for a period of 2 years after filing a final report.

Md. Code, Election Law § 12-307

(a) The treasurer of a contested election committee shall file reports with the State Board as required in this subtitle: (1) using an electronic format; (2) with the electronic signature of the treasurer filing the report; (3) under oath; and (4) subject to the penalties for perjury. (b) The State Board shall make the reports submitted under this subtitle publicly available on the Internet.

Md. Code, Election Law § 12-308

(a) A report filed by the treasurer of a contested election committee under this subtitle shall include the information required by the State Board with respect to all donations, disbursements, and outstanding obligations of the contested election committee during the reporting period. (b) (1) If the person who established the contested election committee has filed a petition for a recount under Subtitle 1 of this title or has filed a complaint in the circuit court under Subtitle 2 of this title, the treasurer of the contested election committee shall file the contested election committee’s first report on or before the first day after the earlier of: (i) the day the person who established the contested election committee filed the petition for a recount; or (ii) the day the person who established the contested election committee filed the complaint in the circuit court. (2) If the person who established the contested election committee has not filed a petition for a recount under Subtitle 1 of this title or filed a complaint in the circuit court under Subtitle 2 of this title, the treasurer of the contested election committee shall file the contested election committee’s first report on or before the day that is 7 days after the day that the contested election committee of the opposing candidate or opposing party filed its first report under paragraph (1) of this subsection. (c) The treasurer of a contested election committee shall file subsequent reports on or before: (1) the Monday that is 30 days after the due date of the first report filed by the contested election committee under subsection (b) of this section; (2) the Monday that is 60 days after the due date of the first report filed by the contested election committee under subsection (b) of this section; and (3) the third Wednesday in January of each year that the contested election committee remains in existence. (d) The State Board shall, by regulation, establish the reporting periods for each of the reports required under this subtitle. (e) If the treasurer of a contested election committee fails to provide all the information required on a report under this subtitle: (1) the State Board shall notify the treasurer in writing of the particular deficiencies; and (2) the treasurer shall file an amended report that includes all the information required within 30 days after service of the notice.

Md. Code, Election Law § 12-309

(a) (1) The State Board shall assess late filing fees for failure to properly file a report under this subtitle. (2) The State Board shall assess the fees in the following amounts for each day or part of a day that a report under this subtitle is overdue: (i) $20 for each of the first 7 days; (ii) $35 for each of the following 7 days; and (iii) $50 for each day thereafter. (3) The maximum fee payable for a report is $1,000. (b) (1) (i) Subject to subparagraph (ii) of this paragraph, a late filing fee under this section shall be paid by the contested election committee. (ii) If the contested election committee has insufficient funds with which to pay the full amount of the late filing fee in a timely manner, after the account of the contested election committee is exhausted the balance of the late filing fee is the liability of the treasurer. (2) Late filing fees shall be distributed to the Fair Campaign Financing Fund established under § 15–103 of this article. (3) (i) The State Board shall accept an overdue report that is submitted without payment of the late filing fee, but the report is not considered filed until the fee has been paid. (ii) After an overdue report is received under subparagraph (i) of this paragraph, no further late filing fee shall be incurred. (4) The treasurer of a contested election committee that fails to properly file a report may seek relief from a late filing fee imposed under this section for just cause as provided in § 13–337 of this article.

Md. Code, Election Law § 12-310

(a) (1) If the State Board determines that there has been for more than 30 days a failure to file a report or pay a late filing fee under this subtitle, the State Board shall issue the notice required under paragraph (2) of this subsection to the treasurer of the contested election committee in violation. (2) The notice shall demand that, within 30 days after service of the notice, either: (i) the failure to file be rectified and any late filing fee due be paid; or (ii) the treasurer show cause why the State Board should not ask the appropriate prosecuting authority to prosecute the treasurer for a violation of this subtitle. (3) In its discretion, the appropriate prosecuting authority may refer the matter for action to the Central Collection Unit within the Department of Budget and Management. (b) A treasurer who fails, without cause, to file the report and pay the late filing fee within 30 days after service of the notice required under subsection (a)(2) of this section is guilty of a misdemeanor and on conviction is subject to the penalties prescribed in § 13–603 of this article.

Md. Code, Election Law § 12-311

(a) A candidate whose contested election committee has failed to file a report or pay a late filing fee that is due under this subtitle on or before the deadline for declining the nomination specified under § 5–801(b) of this article may not be issued a certificate of nomination under § 5–705 of this article. (b) A candidate whose contested election committee has failed to file a report or pay a late filing fee that is due under this subtitle may not, until the report is filed or the late filing fee is paid: (1) be deemed to be elected to a public or party office in the State; (2) take the oath or otherwise assume the duties of the office; or (3) receive a salary or compensation for the office. (c) An official of the State or any of its political subdivisions may not issue a commission or administer an oath of office to an individual until that official receives certification from the State Board that all reports due under this subtitle from or on behalf of that individual have been filed.

Md. Code, Election Law § 12-312

(a) The State Board may impose a civil penalty on a contested election committee in accordance with this section for the following violations: (1) making a disbursement for a purpose not related to a contested election; (2) failure to dispose of surplus funds in accordance with § 12–313 of this subtitle; (3) failure to maintain the records required under § 12–306 of this subtitle; or (4) failure to report all donations, disbursements, and outstanding obligations as required under § 12–308 of this subtitle. (b) A civil penalty imposed under this section shall be assessed in the amount and in the manner specified in § 13–604.1 of this article. (c) (1) Subject to paragraph (2) of this subsection, a civil penalty imposed under this section shall be paid by the contested election committee. (2) If the contested election committee has insufficient funds with which to pay the full amount of the civil penalty in a timely manner, after the account of the contested election committee is exhausted, the balance of the civil penalty is the liability of the treasurer.

Md. Code, Election Law § 12-313

(a) (1) Any part of a public contribution made to a contested election committee that is not spent shall be repaid to the appropriate government entity. (2) In computing whether part of a public contribution is not spent, all private contributions to the person shall be treated as spent before the expenditure of any public contribution. (b) After repaying remaining public contributions under subsection (a) of this section and before filing a final report, a contested election committee shall pay all outstanding obligations and dispose of all its remaining assets by returning the remaining balance in the account of the contested election committee to the donors on a pro rata basis.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026