Marc Elrich Leads David Blair By 35 Votes After 102 Additional Ballots Were Canvassed Saturday; Election Certification at 3pm

• 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.

When filing the recount petition, the petitioner must file a bond with the petition in an amount determined and set by a judge of the appropriate circuit court. If the recount is conducted in only one county, the bond shall be determined and set by a judge of circuit court of that county. If the recount is conducted in more than one county, a judge of the circuit court for Anne Arundel County shall determine and set the bond. See, Elec. Law § 12-105.

General Guidelines for Conducting a Recount

• Recounts are conducted in accordance with Title 12, Subtitle 1 of the Election Law Article of the Annotated Code of Maryland, Title 33, Subtitle 12 of the Code of Maryland Regulations (COMAR), and State Board instructions in an orderly manner to ensure an accurate recount.
• The petitioner or a court selects the recount option to verify the vote count. Please contact SBE with questions or for additional information regarding the recount options.
• The local board of elections is responsible for conducting the recount. Elec. Law § 12-106. Counsel to the local board of elections must be present during the recount. SBE monitors and supports the work of a local board conducting a recount.
• The decision of the local board to accept or reject any ballot or ballot image may not ordinarily be reexamined. In extraordinary cases, a ballot or ballot image initially allowed by the local board may later be disallowed by the local board because of a disqualifying defect that was not discovered until the recount.
• The recount is scheduled according to COMAR 33.12.02.09, or pursuant to any court order.
• Notice of the recount is given in accordance with COMAR 33.12.02.03.
• The public may be present while the recount is conducted. Candidates, their representatives, observers, and the press, however, are not permitted to speak or otherwise communicate or to interfere with the work of the Recount Teams. Any questions regarding the recount shall be directed solely to the Election Director. COMAR 33.12.03.03C.
• An observer wishing to challenge an action taken during the recount may ask the Election Director to stop the tally temporarily so that the observer may voice his or her challenge. COMAR 33.12.07.03. Additional information about challenges is provided below.
• Whenever the room where the recount is being conducted is “unoccupied,” the room must be locked (for example: meal breaks, overnight, etc.). COMAR 33.12.03.04.
• 10. Parties to the recount should be kept informed of the results of the recount while it is in progress. COMAR 33.12.03.05. The petitioner may request, at any time, that the recount be stopped. The petitioner will only be responsible for the actual costs incurred for the portion of the recount conducted.

Challenges During the Recount

Candidates and their representatives are not permitted to speak, communicate, or interfere with the work of the Recount Teams. Any questions regarding the recount from the candidates or their representatives shall be directed to the Election Director.

If a candidate or the candidate’s representative wishes to challenge any action during the recount, the candidate or representative may ask the Election Director to stop the tally temporarily so that the observer may voice his or her challenge.

• This procedure applies to any challenge during a recount initiated by petition or conducted pursuant to a court order.
• Any individual who has standing to request the recount or his or her authorized representative may make a challenge during the recount. COMAR 33.12.07.01.
• A challenge is based on an action or decision of the local board during the recount.
• The person making the challenge must complete the Canvass Challenge Form provided by the Election Director. The person making the challenge must state the reason for the challenge. COMAR 33.12.07.03.
• If either a manual recount of voted paper ballots (Option 3) or a manual recount of ballot images (Option 4) is being conducted, the Recount Team whose action has been challenged shall: (1) count the ballot or vote as the team believes proper; (2) separate the ballot; and (3) attach to the ballot the completed Canvass Challenge Form, a notation as to how it was counted, and the names of the team members.
• The local board shall promptly make a decision on the challenge so as not to delay the completion of the recount. The decision of local board must be unanimous to disallow a vote and the decision is final.
• The Election Director shall record in the Recount Log the basis for the challenge and the local board’s decision.