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Statutes Text

Article - Election Law




§12–107.

    (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 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 0.1% 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 0.1% or less.

    (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.



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