1. A. Who May File.

   1. (1) In a contest for public or party office:

      1. (a) A candidate who, based on the certified results, was defeated in that election may petition for a recount, as provided in Election Law Article, §12-101, Annotated Code of Maryland; and
      2. (b) An opposing candidate of the petitioner may counterpetition for a recount, as provided in Election Law Article, §12-102, Annotated Code of Maryland.

   2. (2) In a contest for a question on the ballot:

      1. (a) Any registered voter eligible to vote for that question may petition for a recount, as provided in Election Law Article, §12-103, Annotated Code of Maryland; and
      2. (b) Any registered voter eligible to vote for that question may counterpetition for a recount, as provided in Election Law Article, §12-104, Annotated Code of Maryland.

2. B. Contents. The petition shall specify:

   1. (1) Whether the recount is requested for:

      1. (a) All the precincts in which the contest was on the ballot, or
      2. (b) Only certain precincts, to be designated in the petition;
   2. (2) The recount method authorized by this subtitle the petitioner selects to use; and
   3. (3) The order in which the precincts named in the recount petition should be counted.
3. C. Where and When Filed. The petition shall be filed within the time and with the State Board or local board as specified in Election Law Article, Title 12, Subtitle 1, Annotated Code of Maryland.
4. D. Bond. The petition shall be accompanied by a bond, as provided in Election Law Article, §12-105, Annotated Code of Maryland.
5. E. Signature. The petition shall be signed by the person seeking the recount, as authorized by Election Law Article, Title 12, Subtitle 1, Annotated Code of Maryland, or that person's authorized agent.

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), and 12-106(a), Annotated Code of Maryland

Effective date:

Regulations .01—.10 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)

Regulation .01B amended effective November 24, 2003 (30:23 Md. R. 1655); October 2, 2023 (50:19 Md. R. 854)

Regulation .02 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)

Regulation .03A, B 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)

Regulation .04 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)

Regulation .05A amended effective July 10, 2023 (50:13 Md. R. 514)

Regulation .06 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)

Regulation .07B amended effective February 12, 2018 (45:3 Md. R. 159)

Regulation .09B 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)