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§ 12-107. Costs of recount

West's Annotated Code of MarylandElection LawEffective: June 1, 2022

West's Annotated Code of Maryland
Election Law (Refs & Annos)
Title 12. Contested Elections (Refs & Annos)
Subtitle 1. Recounts (Refs & Annos)
Effective: June 1, 2022
MD Code, Election Law, § 12-107
Formerly cited as MD CODE Art. 33, § 12-107
§ 12-107. Costs of recount
Petitioner defined
(a) In this section, “petitioner” includes a counterpetitioner.
In general
(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.
Payment by county
(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.

Credits

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.
MD Code, Election Law, § 12-107, MD ELEC LAW § 12-107
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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