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PARRIS N. GLENDENING, Governor
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Ch. 291
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12-106.
(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 of any local board
conducting a recount to ensure compliance with this subtitle.
(c) The State Board shall establish a procedure that will allow petitioners and
counterpetitioners to request that a recount be terminated prior to its completion.
(d) When a recount is completed, the local board, and when appropriate the
State Board, shall correct the primary, general, or special election returns and
certificates that were made by a canvassing board.
REVISOR'S NOTE: This section formerly was Art. 33, § 12-106.
No changes are made.
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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REVISOR'S NOTE: This section formerly was Art. 33, § 12-107.
No changes are made.
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- 2515 -
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