State Summary

Maryland does not have automatic recounts, but candidates or voters can request a taxpayer-funded recount when the margin is 0.25% or less. Candidates and voters may also request recounts at their own expense when the contest margin is 5% or less. The deadline for candidate and voter recount petitions is three days after the election results are certified. We could not find a recount completion deadline in statute. The petitioner selects the counting method used in the recount (see “Counting Method” section for details).

Counting Method

Mix of hand count and retabulation
Counting method chosen by initiator

The petitioner selects the method for conducting the recount. The methods available are rescanning the ballots using the same tabulating equipment used in the election or, if feasible, alternative vote tabulating equipment, a manual count, or “any other recount method approved by the State Administrator.” Md. Code, Elec. Law § 12-108.

The "procedure for recounting absentee and provisional ballots shall be the same as for recounting other ballots.” Md. Code Regs. 33.12.04.03(A)(1).

Initiating Mechanisms

Close vote margin
Candidate-initiated
Voter-initiated

Close Vote Margin Options

Less than or equal to 0.25%

Any candidate or voter can request a taxpayer-funded recount when the margin is 0.25% or less. Md. Code, Elec. Law § 12-107. See the candidate-initiated and voter-initiated options below.

Candidate-Initiated Options

Candidate determines how many/which precincts to recount

Any candidate defeated in an election for public or party office may petition for a recount and shall specify in the petition whether the recount shall be conducted “in all of the precincts in which the office was on the ballot” or “only in the precincts designated in the petition.” Md. Code, Elec. Law § 12-101(b). The petitioner is not liable for the costs of the recount if 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." Md. Code, Elec. Law § 12-107. If the petitioner does not specify all precincts in which the office was on the ballot, and, “on completion of the recount, the winner of the election is changed,” a counterpetition may be filed by an opposing candidate to request “a recount of the votes for the office in the precincts not specified by the petitioner.” Md. Code, Elec. Law § 12-102.

Timing: Md. Code, Elec. Law §§ 12-101(d) and 12-102(d). See also Md. Code Regs. 33.12.02.09 and 33.12.02.10.

Voter-Initiated Options

Voters determine how many/which precincts to recount
Voters may request recounts for initiatives/questions

Any registered voter may petition for a recount for a ballot question for which the voter was eligible to vote. The petitioner may specify whether all or only some precincts are to be recounted. Md. Code, Elec. Law § 12-103(b).

If not all precincts are requested to be recounted in the original petition, and, on completion of the partial recount the outcome of the election is changed, a counterpetition may be filed requesting that the remaining precincts also be recounted. Md. Code, Elec. Law § 12-104(a) and (b). The petitioner is not liable for the costs of the recount if “the margin of difference between the number of votes cast for and the number cast against the question is 0.25% or less." Md. Code, Elec. Law § 12-107.

Timing: Md. Code, Elec. Law Code §§ 12-103(d) and 12-104(d). See also Md. Code Regs. 33.12.02.09 and 33.12.02.10.

Cost for Candidate-Initiated Recounts

Payor of costs depends on outcome

A bond is set by a judge after the recount petition is filed, and it must be sufficient to pay the reasonable costs of the recount. Md. Code, Elec. Law § 12-105. The petitioner will not be liable for the costs of the recount if (1) the recount, changes the outcome of the election, (2) the recount results in a gain of “2% or more of the total votes cast for the office” in favor of the requesting candidate, or (3) if 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." Under those circumstances, the costs of the recount are paid by the county. Md. Code, Elec. Law § 12-107.

Cost for Voter-Initiated Recounts

Payor of costs depends on outcome

A bond is set by a judge after the recount petition is filed, and it must be sufficient to pay the reasonable costs of the recount. Md. Code, Elec. Law § 12-105. The petitioner will not be liable for the costs of the recount if (1) the recount, changes the outcome of the election, (2) the recount results in a gain of 2% or more of the total votes cast on the question, for or against the question as per the petition, or (3) if “the margin of difference between the number of votes cast for and the number cast against the question is 0.25% or less.” Under those circumstances, the costs of the recount are paid by the county. Md. Code, Elec. Law § 12-107.

Challengers and Observers

Party/candidate/initiator may appoint observers and challengers; recount is public

Election officials are required to “ensure the public’s ability to be present while the recount is conducted.” Md. Code, Elec. Law § 12-106(a)(2). The Code of Maryland Regulations requires that “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,” may make a challenge “to any part of the recount.” Md. Code Regs. 33.12.07.01. Md. Code Regs. 33.12.03.02 also specifies that “[e]very recount shall be conducted publicly, open to candidates and their representatives, other parties to the recount, the media, and the general public.”

Rules for Determining Voter Intent

When ballots are being manually counted, election officials are required to first “evaluate the ballots to ensure that they are valid in accordance with recount procedures established by the State Board” and then, if “a team does not agree or cannot decide on the validity of a ballot or vote, the team shall refer the ballot to the election director, who shall submit it to the board for determination.” Md. Code Regs. 33.12.05.04(E). Similar requirements are not explicitly provided for when ballots are being retabulated electronically, Md. Code Regs. 33.12.05.03. For regulations governing determination of voter intent for absentee ballots during the canvassing process, see Md. Code Regs. 33.11.04.07.

See also Maryland State Board of Elections, Definition of a Vote: Overview and Examples.

Resources

Md. Code, Elec. Law §§ 12-101–108
Md. Code Regs. 33.12.04.03
Md. Code Regs. 33.12.05.03
Md. Code Regs. 33.12.05.04
Md. Code Regs. 33.12.07.01
Maryland State Board of Elections, Definition of a Vote: Overview and Examples

Additional Resources

Annotated Code of Maryland
Code of Maryland Regulations
Maryland State Board of Elections
Maryland Secretary of State