Recount laws in Maryland

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An election recount is a process by which votes cast in an election are re-tabulated to verify the accuracy of the original results. Recounts typically occur in the event of a close margin of victory, following accusations of election fraud, or due to the possibility of administrative errors. Recounts can either occur automatically or be requested by a candidate or voters.


Note: The content below describes recount procedures in Maryland. The information on this page is not intended to serve as a manual for those seeking to start or halt a recount; individuals seeking more information about specific processes and requirements should contact their state election agencies.

Summary of recount laws

The list below shows answers to common questions regarding recounts in Maryland.[1]

  • Does state law require automatic recounts?
    • No.
  • When must an automatic recount be completed?
    • There are no automatic recounts in this state.
  • Can a recount be requested?
    • Yes, the recount can be requested within three days after the certification of results, provided that the margin of victory separating the two candidates with the greatest number of votes is less than 5%.
  • Who pays for a requested recount?
    • Varies. In general, the petitioner must pay the cost of the recount. However, the petitioner is not liable to pay for the recount if any of the following conditions are met: (a) the outcome of the election is changed; (b) the petitioner has gained votes equal to 2% or more of the total votes cast in the contest; or (c) the margin of difference between the two candidates with the greatest number of votes is 0.25% or less of all votes cast for those two candidates.
  • Is a refund available for requested recount costs?
    • Yes. Costs paid by the requester are refunded if the recount changes the election outcome or changes the percentage of votes for the requester by 2% or more.
  • Can a partial recount be requested?
    • Yes.

Maryland recount procedures

Automatic recount procedures

Maryland does not require automatic recounts.

Requested recount procedures

Candidates may request a recount. In general, the petitioner must pay for the recount. However, the petitioner is not liable to pay for the recount if any of the following conditions are met:[2]

  • "The outcome of the election is changed;"
  • "The petitioner has gained votes equal to 2% or more of the total votes cast for the contest; or"
  • "The margin of difference between the two candidates with the most votes is 0.25% of less of the votes cast for those two candidates."

The deadline to request a recount is within three days after the certification of the election results. There is no set deadline for the competition of the recount.

For more information about recount procedures in Maryland, click here.

Maryland voting equipment

See also: Voting methods and equipment by state

Maryland uses paper ballot systems for its elections.[3][4]

50-state overview of recount laws

The table below summarizes where state laws allow for automatic and requested recounts. Click "show" to view the table.


50-state overview of requested recounts

The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. Click "show" to view the table.


See also

Footnotes

  1. ↑ Justia, "Title 12 - Contested Elections Subtitle 1 - Recounts," accessed October 16, 2020
  2. ↑ Maryland State Board of Elections, "Recount Guide," accessed September 1, 2022
  3. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed October 7, 2015
  4. ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
  5. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  6. ↑ A court may order a recount under Arizona law.
  7. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  8. ↑ A recount alone cannot change the election results, but can be used to contest the election. At the end of that process, the court may choose not to levy costs against the prevailing party.
  9. ↑ Recounts occur as part of a contested election. A requester may be required to cover costs before the start of such an event. The court may choose to require the unsuccessful party in a contested election to cover the costs, which could involve a refund to the requester if he or she is the successful party.
  10. ↑ In the case of a court-ordered recount, candidates must pay, but will be refunded if the outcome changes. Regarding non-court-ordered recounts, state law does not mention whether the candidate is refunded in such a case.
  11. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  12. ↑ For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome.
  13. ↑ No mention in state law.
  14. ↑ No mention in state law.
  15. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
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