US Lawyer Database

Section 12-202 – Judicial Challenges

    (a)    If no other timely and adequate remedy is provided by this article, a registered voter may seek judicial relief from any act or omission relating to an election, whether or not the election has been held, on the grounds that the act or omission:         (1)    is inconsistent with this article or other law applicable to the […]

Section 12-203 – Procedure

    (a)    A proceeding under this subtitle shall be conducted in accordance with the Maryland Rules, except that:         (1)    the proceeding shall be heard and decided without a jury and as expeditiously as the circumstances require;         (2)    on the request of a party or sua sponte, the chief administrative judge of the circuit court may assign the case to […]

Section 12-204 – Judgment

    (a)    The court may provide a remedy as provided in subsection (b) or (c) of this section if the court determines that the alleged act or omission materially affected the rights of interested parties or the purity of the elections process and:         (1)    may have changed the outcome of an election already held; or         (2)    may change the […]

Section 12-104 – Recount on Question — Counterpetition

    (a)    A counterpetition to a question filed under § 12-103 of this subtitle may be filed by a voter eligible to vote for that question, if:         (1)    the petition filed under § 12-103 of this subtitle did not specify all of the precincts in which the question was on the ballot; and         (2)    on completion of the recount, […]

Section 12-105 – Bond

    (a)    A petition or counterpetition filed under this subtitle shall be filed with a bond as provided under subsection (b) of this section.     (b)    (1)    If a recount is being conducted in only one county, a judge of the circuit court of the county shall determine and set the bond to be filed by the petitioner or counterpetitioner […]

Section 12-106 – Duties of the State Board and Local Boards

    (a)    In accordance with regulations adopted by the State Board, the local board shall:         (1)    conduct the recount and certify the official result of the election or question which is the subject of the recount; and         (2)    ensure the public’s ability to be present while the recount is conducted.     (b)    The State Board shall monitor and support the work […]

Section 12-107 – Costs

    (a)    In this section, “petitioner” includes a counterpetitioner.     (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 […]

Section 12-101 – Petition for Recount

    (a)    A candidate for public or party office who has been defeated based on the certified results of any election conducted under this article may petition for a recount of the votes cast for the office sought.     (b)    The petition shall specify that the recount be conducted:         (1)    in all of the precincts in which the office was […]

Section 12-102 – Counterpetition for Recount

    (a)    An opposing candidate of the petitioner under § 12-101 of this subtitle may file a counterpetition if:         (1)    the petition filed under § 12-101 of this subtitle did not specify all of the precincts in which the office was on the ballot; and         (2)    on completion of the recount, the winner of the election is changed.     (b)    A […]