1. (a) In this section, “petitioner” includes a counterpetitioner.

2. (b)

   1. (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. (2) The petitioner is not liable for the costs of the recount if:

      1. (i) the outcome of the election is changed;
      2. (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

      3. (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

         1. 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.
3. (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.

Added as Art. 33, § 12-107, by Acts 1998, c. 585, § 2, eff. Jan. 1, 1999. Amended by Acts 1998, c. 666, § 1, eff. Jan. 1, 1999; Acts 1999, c. 33, § 1, eff. April 13, 1999. Transferred to Election Law § 12-107 by Acts 2002, c. 291, § 2, eff. Jan. 1, 2003. Amended by Acts 2002, c. 291, § 4, eff. Jan. 1, 2003; Acts 2022, c. 624, § 1, eff. June 1, 2022; Acts 2022, c. 625, § 1, eff. June 1, 2022.

Formerly Art. 33, § 12-107.