reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Election Law › Title 11 - Canvassing › Subtitle 3 - Vote Canvassing by Local Board › Section 11-303 - Canvassing of Provisional Ballots

(a)    Following an election, each local board shall meet at its designated counting center to canvass the provisional ballots cast in that election in accordance with the regulations and guidelines established by the State Board.
(b)    A local board may not open an envelope of a provisional ballot until the local board has approved the provisional ballot application.
(c)    The State Board shall adopt regulations to implement this section.
(d)    (1)    A local board may not reject a provisional ballot except by unanimous vote and in accordance with regulations of the State Board.
(2)    The local board shall reject a provisional ballot if:
(i)    pursuant to paragraph (4) of this subsection, the local board determines that the individual who cast the provisional ballot is not qualified to vote that provisional ballot;
(ii)    the individual failed to sign the oath on the provisional ballot application;
(iii)    the individual cast more than one ballot for the same election; or
(iv)    the local board determines that a provisional ballot is intentionally marked with an identifying mark that is clearly evident and placed on the ballot for the purpose of identifying the ballot.
(3)    If the intent of the voter with respect to a particular contest is not clearly demonstrated, the local board shall reject only the vote for that contest.
(4)    For the purposes of this section, an individual is qualified to vote the provisional ballot cast if the local board determines that:
(i)    the individual is registered in the State;
(ii)    if the provisional ballot was cast because the voter failed to provide required identification, the individual who cast the provisional ballot has met the identification requirements established by the State Board; and
(iii)    if the provisional ballot was cast during a period covered by a court order or other order extending the time for closing the polls, the order has not been invalidated by a subsequent court order.
(e)    A local board shall count:
(1)    the entire provisional ballot if the address on the provisional ballot application is within the precinct where the provisional ballot was cast; or
(2)    only the votes cast by the voter for each candidate or question applicable to the precinct in which the voter resides, as determined by the address on the provisional ballot application of the voter.
(f)    (1)    The State Board shall ensure the establishment of a system that any individual who casts a provisional ballot may access without cost to discover whether the ballot was counted and, if not counted, the reason it was not.
(2)    The system established under paragraph (1) of this subsection shall ensure the confidentiality of the individual who accesses the system and the secrecy of each ballot.
2023 Maryland Statutes › Election Law › Title 11 - Canvassing › Subtitle 3 - Vote Canvassing by Local Board › Section 11-303.1 - Counting Properly Cast Ballots -- Death of Voter

A ballot properly cast by a voter who dies before the ballot is canvassed shall be counted in full unless a law or regulation requires that the ballot be fully or partially rejected for a reason unrelated to the death of the voter.
2023 Maryland Statutes › Election Law › Title 11 - Canvassing › Subtitle 3 - Vote Canvassing by Local Board › Section 11-304 - Rejected Absentee Ballot; Appeal

(a)    A candidate or absentee voter aggrieved by the decision of a local board to reject, or not to reject, an absentee ballot shall have the right of appeal to the circuit court for the county.
(b)    The appeal must be filed within 5 days from the date of the completion of the official canvass by the board of all the votes cast at the election.
(c)    The appeal shall be heard de novo, without a jury, as soon as possible.
(d)    (1)    The decision of the circuit court may be appealed to the Court of Special Appeals, provided the appeal is taken within 48 hours from the entry of the decision of the circuit court.
(2)    The appeal shall be heard and decided on the original papers, including a written transcript of the testimony taken in the case.
(3)    The original papers and the transcript shall be transmitted to the Court of Special Appeals within 5 days from the taking of the appeal, and the appeal shall be heard as soon as possible.
2023 Maryland Statutes › Election Law › Title 11 - Canvassing › Subtitle 3 - Vote Canvassing by Local Board › Section 11-307 - Errors in Canvass Documents

(a)    If a board of canvassers determines that there appears to be an error in the documents or records produced at the polling place following an election, then it immediately shall investigate the matter to ascertain whether the records or documents are correct.
(b)    The board of canvassers may correct a document or record only in accordance with the regulations of the State Board.
2023 Maryland Statutes › Election Law › Title 11 - Canvassing › Subtitle 3 - Vote Canvassing by Local Board › Section 11-308 - Verification of Vote Count

(a)    Within 10 days after any election, and before certifying the results of the election, each board of canvassers shall verify the vote count in accordance with the regulations prescribed by the State Board for the voting system used in that election.
(b)    Upon completion of the verification process, the members of the board of canvassers shall:
(1)    certify in writing that the election results are accurate and that the vote has been verified; and
(2)    provide copies of the election results to the persons specified under § 11-401 of this title.
(c)    (1)    If a member of a board of canvassers dissents from a determination of an election result or reasonably believes that the conduct of a local board member or local board proceeding was not in compliance with applicable law or regulation or was otherwise illegal or irregular, the member shall prepare and file with the local board a distinct written statement of the reasons for the dissent or concern.
(2)    The State Board shall maintain a file of the written statements submitted under this subsection by members of the local boards.
2023 Maryland Statutes › Election Law › Title 11 - Canvassing › Subtitle 3 - Vote Canvassing by Local Board › Section 11-309 - Postelection Tabulation Audit

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Manual audit” means inspection of voter–verifiable paper records by hand and eye to obtain vote totals in a contest that are compared to the vote totals produced for that contest by the electronic voting system.
(3)    “Previous comparable general election” means:
(i)    in a presidential election year, the presidential election held 4 years earlier; and
(ii)    in a gubernatorial election year, the gubernatorial election held 4 years earlier.
(4)    “Voter–verifiable paper record” has the meaning stated in § 9–102 of this article.
(b)    Following each statewide general election, the State Board shall conduct an audit of the accuracy of the voting system’s tabulation of votes by completing:
(1)    an automated software audit of the electronic images of all ballots cast in the election; and
(2)    a manual audit of voter–verifiable paper records in accordance with subsection (d) of this section.
(c)    Following each statewide primary election, the State Board:
(1)    shall complete an automated software audit of the electronic images of all ballots cast in the election; and
(2)    may complete a manual audit of voter–verifiable paper records in a manner prescribed by the State Board.
(d)    (1)    Following each statewide general election, the State Board shall complete a manual audit of:
(i)    at least 2% of precincts statewide, including:
1.    at least one randomly chosen precinct in each county; and
2.    additional precincts selected by the State Board; and
(ii)    a number of votes equal to at least 1% of the statewide total in the previous comparable general election of each of the following, including at least a minimum number of each of the following in each county, as prescribed by the State Board:
1.    early votes;
2.    absentee votes; and
3.    provisional votes.
(2)    The manual audit shall be completed within 120 days after the general election.
(3)    If the manual audit shows a discrepancy, the State Board may:
(i)    expand the manual audit; and
(ii)    take any other actions it considers necessary to resolve the discrepancy.
(4)    Within 14 days after the conclusion of the audit, the State Board shall post on its website a report that describes:
(i)    the precincts and number of votes selected for the manual audit in each county and the manner in which the precincts and votes were selected;
(ii)    the results of the manual audit; and
(iii)    any discrepancy shown by the manual audit and how the discrepancy was resolved.
(5)    The State Board shall allow for public observation of each part of the manual audit process to the extent practicable.
(e)    An audit under this section:
(1)    may not have any effect on the certified election results; and
(2)    shall be used to improve the voting system and voting process for future elections.
(f)    The State Board shall adopt regulations to carry out this section.
2023 Maryland Statutes › Election Law › Title 11 - Canvassing › Subtitle 4 - Certification of Election Results by Local Board › Section 11-401 - Certified Copies of Results

(a)    (1)    After each election, each board of canvassers shall transmit one certified copy of the election results in its county, attested by the signatures of the chairperson and secretary of the board of canvassers, to:
(i)    the Governor;
(ii)    the State Board; and
(iii)    the clerk of the circuit court for the appropriate county.
(2)    The statement may be mailed or delivered in person.
(b)    After each general election in which votes have been cast for a write–in candidate, each board of canvassers shall transmit a statement of returns of the votes cast for write–in candidates who have filed a certificate of candidacy.
(c)    (1)    The transmittal shall be made on the second Friday after a primary or general election or, if the canvass is completed after that date, within 48 hours after the completion of the canvass.
(2)    (i)    Except as specified in subparagraph (ii) of this paragraph, after a special primary or special general election, the transmittal shall be made as soon as possible, but no later than the second Friday after the election.
(ii)    After a special primary or special general election that is held at the same time as a primary or general election, the transmittal shall be made in accordance with paragraph (1) of this subsection.
(d)    The clerk of the circuit court shall record the election results filed with the court under this section.
2023 Maryland Statutes › Election Law › Title 11 - Canvassing › Subtitle 4 - Certification of Election Results by Local Board › Section 11-402 - Release and Publication of Returns

(a)    Unless otherwise provided by the Maryland Constitution, and except as provided in subsection (b) of this section, each board of canvassers shall prepare a statement of election results by precinct for each candidate or question voted on at the election and declare:
(1)    who is elected or nominated for office:
(i)    in county government; or
(ii)    for any other office voted for only within that county, if the certificate of candidacy for that office was issued by the local board; and
(2)    whether or not a question is adopted or approved.
(b)    The statement prepared by the board of canvassers under this section may not report the absentee vote separately by precinct.
(c)    Each local board shall publish a sufficient number of copies of the complete election results, tabulated by precinct, and shall make the copies available to the public at cost.
(d)    (1)    In addition to the statement of election results specified under subsection (a) of this section, the State Board shall make available in an electronic format a report of election results for each candidate or question voted on at the election:
(i)    by precinct;
(ii)    by State legislative district, including any subdistrict;
(iii)    by county legislative district; and
(iv)    for each county as a whole.
(2)    The State Board may make the report specified under paragraph (1) of this subsection available to the public at cost.
2023 Maryland Statutes › Election Law › Title 11 - Canvassing › Subtitle 4 - Certification of Election Results by Local Board › Section 11-403 - Security and Inspection of Voting System

(a)    (1)    Except as provided in subsection (b) of this section, and in accordance with regulations adopted by the State Board, the equipment and documentation of a voting system, including all paper and electronic documentation, shall remain secured following the verification required by § 11-306 of this title until:
(i)    the expiration of the period allowed for initiating a recount;
(ii)    in the event of a recount, the recount is completed; and
(iii)    the resolution of any election contest.
(2)    After the expiration of the period specified in paragraph (1) of this subsection, the equipment and documentation of the voting system shall be maintained in accordance with regulations of the State Board.
(b)    A voting system may be opened and the documents and equipment associated with it examined in the presence of the officer having custody of the voting system upon:
(1)    the order of any court of competent jurisdiction; or
(2)    the direction of any legislative committee charged with investigating a contested election affected by the use of the voting system.
2023 Maryland Statutes › Election Law › Title 11 - Canvassing › Subtitle 5 - Statewide Canvass and Certification › Section 11-501 - State Board -- Canvass of Primary Election Results

(a)    Following each gubernatorial primary or special primary election to fill a vacancy in the office of Representative in Congress, the State Board shall:
(1)    convene within 2 days after the certified official election results are received from the local boards;
(2)    if a majority of the members of the State Board is not present, adjourn for not more than 1 day;
(3)    determine which candidates, by the greatest number of votes, have been nominated to each office and which questions have received a sufficient number of votes to be adopted or approved; and
(4)    prepare and certify statewide election results based on the certified copies of the statements made by the boards of canvassers.
(b)    (1)    If a member of the State Board dissents from a determination of an election result or reasonably believes that the conduct of a Board member or Board proceeding was not in compliance with applicable law or regulation or was otherwise illegal or irregular, the member shall prepare and file with the Board a distinct written statement of the reasons for the dissent or concern.
(2)    The State Board shall maintain a file of the written statements submitted under this subsection by members of the Board.
2023 Maryland Statutes › Election Law › Title 11 - Canvassing › Subtitle 5 - Statewide Canvass and Certification › Section 11-502 - Board of State Canvassers

(a)    The Board of State Canvassers consists of the following members:
(1)    the Secretary of State;
(2)    the Comptroller;
(3)    the State Treasurer;
(4)    the Clerk of the Court of Appeals; and
(5)    the Attorney General.
(b)    Three members of the Board of State Canvassers constitute a quorum.
(c)    The State Administrator of the State Board of Elections serves as secretary to the Board of State Canvassers.
(d)    The State Treasurer may appoint, as the Treasurer’s designee, a deputy treasurer to serve on the Board of State Canvassers.
2023 Maryland Statutes › Election Law › Title 11 - Canvassing › Subtitle 5 - Statewide Canvass and Certification › Section 11-503 - Board of State Canvassers -- Canvass of Election Results

(a)    The Board of State Canvassers shall:
(1)    (i)    convene only after a presidential primary election, a State general election, or a general or special general election that includes a candidate for member of the Congress of the United States;
(ii)    convene within 35 days of that election; and
(iii)    if a majority of members of the Board of State Canvassers is not present, adjourn for not more than 1 day;
(2)    determine which candidates, by the greatest number of votes, have been elected to each office and which questions have received a sufficient number of votes to be adopted or approved;
(3)    prepare statewide election results for each candidate and question, based on the certified copies of the statements made by the boards of canvassers; and
(4)    prepare and transmit a certified statement of the election results to the State Board of Elections.
(b)    (1)    If a member of the Board of State Canvassers dissents from a determination of an election result or reasonably believes that the conduct of a Board member or Board proceeding was not in compliance with applicable law or regulation or was otherwise illegal or irregular, the member shall prepare and transmit a distinct written statement of the reasons for the dissent or concern to the State Board of Elections.
(2)    The State Board of Elections shall maintain a file of the written statements submitted under this subsection by members of the Board of State Canvassers.
2023 Maryland Statutes › Election Law › Title 11 - Canvassing › Subtitle 6 - Certification of General Election Results and Issuance of Commissions of Election › Section 11-601 - Governor -- Determination and Proclamation of Votes

(a)    On receipt, in accordance with this subtitle, of the returns of an election for electors to choose a President and Vice President of the United States or of an election to choose a member of Congress, the Governor shall:
(1)    ascertain and enumerate the number of votes cast for each candidate for President and Vice President of the United States and declare elected the presidential electors of the candidates who receive the highest number of votes; and
(2)    in each contest, ascertain and enumerate the number of votes cast for each candidate voted for as a member of Congress and declare elected the candidate who receives the highest number of votes.
(b)    After ascertaining and enumerating the number of votes for candidates as required by subsection (a) of this section, the Governor shall:
(1)    sign and issue a proclamation declaring the name of each candidate who is elected; and
(2)    cause the proclamation to be published in newspapers.
2023 Maryland Statutes › Election Law › Title 11 - Canvassing › Subtitle 6 - Certification of General Election Results and Issuance of Commissions of Election › Section 11-603 - State Board -- Certification of Results

(a)    The State Board shall certify election results in accordance with the provisions of this article and regulations adopted by the State Board.
(b)    The State Board shall:
(1)    promptly deliver under its seal a certified statement notifying:
(i)    each individual who is declared elected;
(ii)    each individual who is continued in office;
(iii)    the Secretary and presiding officer of the United States Senate, in the case of the election of a United States Senator to represent the State; and
(iv)    the Clerk and presiding officer of the United States House of Representatives, in the case of the election of a member of the House of Representatives to represent the State; and
(2)    publish a sufficient number of copies of the certified statements of the votes cast throughout the State that are delivered to it by the Board of State Canvassers and make the copies available to the public at cost.
2023 Maryland Statutes › Election Law › Title 11 - Canvassing › Subtitle 6 - Certification of General Election Results and Issuance of Commissions of Election › Section 11-604 - Member of Congress -- Effect of Certification

A certificate issued by the State Board to the Secretary and presiding officer of the United States Senate or to the Clerk and presiding officer of the House of Representatives of the United States under § 11–603(b)(1)(iii) and (iv) of this subtitle constitutes prima facie evidence of the right of the individual certified to be seated for office in the United States Congress.
2023 Maryland Statutes › Election Law › Title 11 - Canvassing › Subtitle 6 - Certification of General Election Results and Issuance of Commissions of Election › Section 11-605 - Municipal Referenda -- Reporting of Results

(a)    In a county, municipal corporation, or other political subdivision in which a referendum vote is held on a law, ordinance, or resolution, the executive head of the county, municipal corporation, or other political subdivision promptly shall report the results of the referendum to the clerk of the court for the county.
(b)    As promptly as possible thereafter, the clerk of the court shall certify the results of the referendum to the State Board.
2023 Maryland Statutes › Election Law › Title 12 - Contested Elections › Subtitle 1 - Recounts › Section 12-101 - Petition for Recount

(a)    (1)    Except as provided in paragraph (2) of this subsection, 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.
(2)    A candidate may not petition for a recount if the margin of difference between the number of votes received by an apparent winner and the losing candidate with the highest number of votes for the office is greater than 5% of the total votes cast for those candidates.
(b)    The petition shall specify that the recount be conducted:
(1)    in all of the precincts in which the office was on the ballot; or
(2)    only in the precincts designated in the petition.
(c)    The petition shall be filed with the board with which the candidate’s certificate of candidacy was filed.
(d)    The petition must be filed within 3 days after the results of the election have been certified.
(e)    (1)    The State Board shall promptly notify each appropriate local board of a petition that is filed with the State Board.
(2)    A local board shall promptly notify the State Board of a petition that is filed with the local board.
2023 Maryland Statutes › Election Law › Title 12 - Contested Elections › Subtitle 1 - Recounts › 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 counterpetition shall be a request for a recount of the votes for the office in the precincts not specified by the petitioner under § 12-101 of this subtitle.
(c)    The opposing candidate shall file the counterpetition with the board with which the candidate’s certificate of candidacy was filed.
(d)    The petition must be filed within 2 days of the determination under subsection (a)(2) of this section.
(e)    (1)    The State Board shall promptly notify each appropriate local board of a counterpetition that is filed with the State Board.
(2)    A local board shall promptly notify the State Board of a counterpetition that is filed with the local board.
2023 Maryland Statutes › Election Law › Title 12 - Contested Elections › Subtitle 1 - Recounts › Section 12-103 - Recount on Question -- Petition

(a)    (1)    Except as provided in paragraph (2) of this subsection, a petition for a recount based on the certified results of a question on the ballot in an election conducted under this article may be filed by a registered voter eligible to vote for that question.
(2)    A registered voter may not file a petition for a recount if the margin of difference between the number of votes cast for and the number of votes cast against the question is greater than 5%.
(b)    The petition shall specify that the recount be conducted:
(1)    in all of the precincts in which the question was on the ballot; or
(2)    only in precincts designated in the petition.
(c)    (1)    If the question was on the ballot in one county, the petition shall be filed in that county.
(2)    If the question was on the ballot in more than one county, the petition shall be filed with the State Board.
(d)    The petition must be filed within 3 days after the results of the election are certified.
(e)    (1)    The State Board shall promptly notify each appropriate local board of a petition that is filed with the State Board.
(2)    A local board shall promptly notify the State Board of a petition that is filed with the local board.
2023 Maryland Statutes › Election Law › Title 12 - Contested Elections › Subtitle 1 - Recounts › 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, the outcome of the election is changed.
(b)    A counterpetition shall be a request for a recount of the votes for the question in the precincts not specified by the petitioner under § 12-103 of this subtitle.
(c)    (1)    If the question was on the ballot in one county, the counterpetition shall be filed in that county.
(2)    If the question was on the ballot in more than one county, the counterpetition shall be filed with the State Board.
(d)    The petition shall be filed within 2 days of the determination under subsection (a)(2) of this section.
(e)    (1)    The State Board shall promptly notify each appropriate local board of a counterpetition that is filed with the State Board.
(2)    A local board shall promptly notify the State Board of a counterpetition that is filed with the local board.
2023 Maryland Statutes › Election Law › Title 12 - Contested Elections › Subtitle 1 - Recounts › 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 sufficient to pay the reasonable costs of the recount.
(2)    If the recount is being conducted in more than one county, a judge of the Circuit Court for Anne Arundel County shall determine and set the bond.
2023 Maryland Statutes › Election Law › Title 12 - Contested Elections › Subtitle 1 - Recounts › 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 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.
2023 Maryland Statutes › Election Law › Title 12 - Contested Elections › Subtitle 1 - Recounts › 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 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 0.25% 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 0.25% 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.
2023 Maryland Statutes › Election Law › Title 12 - Contested Elections › Subtitle 2 - Judicial Review of Elections › 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 elections process; and
(2)    may change or has changed the outcome of the election.
(b)    A registered voter may seek judicial relief under this section in the appropriate circuit court within the earlier of:
(1)    10 days after the act or omission or the date the act or omission became known to the petitioner; or
(2)    7 days after the election results are certified, unless the election was a gubernatorial primary or special primary election, in which case 3 days after the election results are certified.
2023 Maryland Statutes › Election Law › Title 12 - Contested Elections › Subtitle 2 - Judicial Review of Elections › 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 a three-judge panel of circuit court judges; and
(3)    an appeal shall be taken directly to the Court of Appeals within 5 days of the date of the decision of the circuit court.
(b)    The Court of Appeals shall give priority to hear and decide an appeal brought under subsection (a)(3) of this section as expeditiously as the circumstances require.
2023 Maryland Statutes › Election Law › Title 12 - Contested Elections › Subtitle 2 - Judicial Review of Elections › 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 outcome of a pending election.
(b)    If the court makes an affirmative determination that an act or omission was committed that changed the outcome of an election already held, the court shall:
(1)    declare void the election for the office or question involved and order that the election be held again at a date set by the court; or
(2)    order any other relief that will provide an adequate remedy.
(c)    If the court makes an affirmative determination that an act or omission has been committed that may change the outcome of a pending election, the court may:
(1)    order any relief it considers appropriate under the circumstances; and
(2)    if the court determines that it is the only relief that will provide a remedy, direct that the election for the office or question involved be postponed and rescheduled on a date set by the court.
(d)    A determination of the court under subsection (a) of this section shall be based on clear and convincing evidence.
2023 Maryland Statutes › Election Law › Title 12 - Contested Elections › Subtitle 3 - Contested Election Committee › Section 12-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Contested election” means an election subject to:
(i)    a recount under Subtitle 1 of this title; or
(ii)    a judicial challenge under Subtitle 2 of this title.
(2)    “Contested election” includes an election that may be subject to a recount under Subtitle 1 of this title, but for which a recount does not occur because neither candidate files a formal recount petition or initiates a judicial action.
(c)    “Contested election committee” means an entity formed for the exclusive purpose of receiving donations and making disbursements relating to a contested election.
2023 Maryland Statutes › Election Law › Title 12 - Contested Elections › Subtitle 3 - Contested Election Committee › Section 12-302 - Application of Subtitle -- Prerequisites to Accepting Doantion or Making Disbursement

(a)    This subtitle applies only to a person that accepts public campaign financing under:
(1)    Title 15 of this article; or
(2)    § 13–505 of this article.
(b)    A person may accept a donation or make a disbursement relating to a contested election only if the person:
(1)    establishes a contested election committee; and
(2)    discloses the donations and disbursements in accordance with this subtitle.
2023 Maryland Statutes › Election Law › Title 12 - Contested Elections › Subtitle 3 - Contested Election Committee › Section 12-304 - Duties of Committee Regarding Donations and Disbursements

(a)    A contested election committee shall:
(1)    deposit all donations received in a designated bank account; and
(2)    make all disbursements from the designated bank account.
(b)    Disbursements of a contested election committee shall:
(1)    pass through the hands of the treasurer; and
(2)    be in accordance with the purpose of the entity.
2023 Maryland Statutes › Election Law › Title 12 - Contested Elections › Subtitle 3 - Contested Election Committee › Section 12-305 - Limitation on Person Accepting Public Campaign Financing -- Loans Allowable

(a)    (1)    A person that accepts public campaign financing under Title 15 of this article may not solicit or accept a donation on behalf of a contested election committee in excess of the contribution limits established under Title 15 of this article.
(2)    A person that accepts public campaign financing under § 13–505 of this article may not solicit or accept a donation on behalf of a contested election committee in excess of the contribution limits established in law by the governing body of the county in accordance with § 13–505 of this article.
(b)    (1)    A contested election committee may not accept a loan other than a loan from:
(i)    a financial institution or other entity in the business of making loans; or
(ii)    the personal funds of a candidate or the candidate’s spouse if the contested election committee was established to finance a recount of an election in which the candidate was on the ballot.
(2)    A loan under this subsection may be of any amount.
2023 Maryland Statutes › Election Law › Title 12 - Contested Elections › Subtitle 3 - Contested Election Committee › Section 12-306 - Treasurer to Maintain Records

(a)    The treasurer of a contested election committee shall maintain detailed and accurate records of all:
(1)    donations received by the contested election committee;
(2)    disbursements made by the contested election committee; and
(3)    outstanding obligations of the contested election committee.
(b)    A contested election committee shall retain the records required to be maintained under subsection (a) of this section for a period of 2 years after filing a final report.
2023 Maryland Statutes › Election Law › Title 12 - Contested Elections › Subtitle 3 - Contested Election Committee › Section 12-307 - Reports Filed by Treasurer -- Availability on Internet

(a)    The treasurer of a contested election committee shall file reports with the State Board as required in this subtitle:
(1)    using an electronic format;
(2)    with the electronic signature of the treasurer filing the report;
(3)    under oath; and
(4)    subject to the penalties for perjury.
(b)    The State Board shall make the reports submitted under this subtitle publicly available on the Internet.
2023 Maryland Statutes › Election Law › Title 12 - Contested Elections › Subtitle 3 - Contested Election Committee › Section 12-308 - Information Included in Report -- Filing First and Subsequent Reports

(a)    A report filed by the treasurer of a contested election committee under this subtitle shall include the information required by the State Board with respect to all donations, disbursements, and outstanding obligations of the contested election committee during the reporting period.
(b)    (1)    If the person who established the contested election committee has filed a petition for a recount under Subtitle 1 of this title or has filed a complaint in the circuit court under Subtitle 2 of this title, the treasurer of the contested election committee shall file the contested election committee’s first report on or before the first day after the earlier of:
(i)    the day the person who established the contested election committee filed the petition for a recount; or
(ii)    the day the person who established the contested election committee filed the complaint in the circuit court.
(2)    If the person who established the contested election committee has not filed a petition for a recount under Subtitle 1 of this title or filed a complaint in the circuit court under Subtitle 2 of this title, the treasurer of the contested election committee shall file the contested election committee’s first report on or before the day that is 7 days after the day that the contested election committee of the opposing candidate or opposing party filed its first report under paragraph (1) of this subsection.
(c)    The treasurer of a contested election committee shall file subsequent reports on or before:
(1)    the Monday that is 30 days after the due date of the first report filed by the contested election committee under subsection (b) of this section;
(2)    the Monday that is 60 days after the due date of the first report filed by the contested election committee under subsection (b) of this section; and
(3)    the third Wednesday in January of each year that the contested election committee remains in existence.
(d)    The State Board shall, by regulation, establish the reporting periods for each of the reports required under this subtitle.
(e)    If the treasurer of a contested election committee fails to provide all the information required on a report under this subtitle:
(1)    the State Board shall notify the treasurer in writing of the particular deficiencies; and
(2)    the treasurer shall file an amended report that includes all the information required within 30 days after service of the notice.
2023 Maryland Statutes › Election Law › Title 12 - Contested Elections › Subtitle 3 - Contested Election Committee › Section 12-309 - Late Filing Fees

(a)    (1)    The State Board shall assess late filing fees for failure to properly file a report under this subtitle.
(2)    The State Board shall assess the fees in the following amounts for each day or part of a day that a report under this subtitle is overdue:
(i)    $20 for each of the first 7 days;
(ii)    $35 for each of the following 7 days; and
(iii)    $50 for each day thereafter.
(3)    The maximum fee payable for a report is $1,000.
(b)    (1)    (i)    Subject to subparagraph (ii) of this paragraph, a late filing fee under this section shall be paid by the contested election committee.
(ii)    If the contested election committee has insufficient funds with which to pay the full amount of the late filing fee in a timely manner, after the account of the contested election committee is exhausted the balance of the late filing fee is the liability of the treasurer.
(2)    Late filing fees shall be distributed to the Fair Campaign Financing Fund established under § 15–103 of this article.
(3)    (i)    The State Board shall accept an overdue report that is submitted without payment of the late filing fee, but the report is not considered filed until the fee has been paid.
(ii)    After an overdue report is received under subparagraph (i) of this paragraph, no further late filing fee shall be incurred.
(4)    The treasurer of a contested election committee that fails to properly file a report may seek relief from a late filing fee imposed under this section for just cause as provided in § 13–337 of this article.
2023 Maryland Statutes › Election Law › Title 12 - Contested Elections › Subtitle 3 - Contested Election Committee › Section 12-310 - Notice Issued by State Board -- Misdemeanor and Penalties

(a)    (1)    If the State Board determines that there has been for more than 30 days a failure to file a report or pay a late filing fee under this subtitle, the State Board shall issue the notice required under paragraph (2) of this subsection to the treasurer of the contested election committee in violation.
(2)    The notice shall demand that, within 30 days after service of the notice, either:
(i)    the failure to file be rectified and any late filing fee due be paid; or
(ii)    the treasurer show cause why the State Board should not ask the appropriate prosecuting authority to prosecute the treasurer for a violation of this subtitle.
(3)    In its discretion, the appropriate prosecuting authority may refer the matter for action to the Central Collection Unit within the Department of Budget and Management.
(b)    A treasurer who fails, without cause, to file the report and pay the late filing fee within 30 days after service of the notice required under subsection (a)(2) of this section is guilty of a misdemeanor and on conviction is subject to the penalties prescribed in § 13–603 of this article.
2023 Maryland Statutes › Election Law › Title 12 - Contested Elections › Subtitle 3 - Contested Election Committee › Section 12-311 - Issuance of Certificate of Nomination Prohibited for Failure to File Report or Pay Fees

(a)    A candidate whose contested election committee has failed to file a report or pay a late filing fee that is due under this subtitle on or before the deadline for declining the nomination specified under § 5–801(b) of this article may not be issued a certificate of nomination under § 5–705 of this article.
(b)    A candidate whose contested election committee has failed to file a report or pay a late filing fee that is due under this subtitle may not, until the report is filed or the late filing fee is paid:
(1)    be deemed to be elected to a public or party office in the State;
(2)    take the oath or otherwise assume the duties of the office; or
(3)    receive a salary or compensation for the office.
(c)    An official of the State or any of its political subdivisions may not issue a commission or administer an oath of office to an individual until that official receives certification from the State Board that all reports due under this subtitle from or on behalf of that individual have been filed.
2023 Maryland Statutes › Election Law › Title 12 - Contested Elections › Subtitle 3 - Contested Election Committee › Section 12-313 - Repayment of Unspent Public Contributions -- Payment of Outstanding Obligations

(a)    (1)    Any part of a public contribution made to a contested election committee that is not spent shall be repaid to the appropriate government entity.
(2)    In computing whether part of a public contribution is not spent, all private contributions to the person shall be treated as spent before the expenditure of any public contribution.
(b)    After repaying remaining public contributions under subsection (a) of this section and before filing a final report, a contested election committee shall pay all outstanding obligations and dispose of all its remaining assets by returning the remaining balance in the account of the contested election committee to the donors on a pro rata basis.
2023 Maryland Statutes › Election Law › Title 12 - Contested Elections › Subtitle 3 - Contested Election Committee › Section 12-312

(a)    The State Board may impose a civil penalty on a contested election committee in accordance with this section for the following violations:
(1)    making a disbursement for a purpose not related to a contested election;
(2)    failure to dispose of surplus funds in accordance with § 12–313 of this subtitle;
(3)    failure to maintain the records required under § 12–306 of this subtitle; or
(4)    failure to report all donations, disbursements, and outstanding obligations as required under § 12–308 of this subtitle.
(b)    A civil penalty imposed under this section shall be assessed in the amount and in the manner specified in § 13–604.1 of this article.
(c)    (1)    Subject to paragraph (2) of this subsection, a civil penalty imposed under this section shall be paid by the contested election committee.
(2)    If the contested election committee has insufficient funds with which to pay the full amount of the civil penalty in a timely manner, after the account of the contested election committee is exhausted, the balance of the civil penalty is the liability of the treasurer.
2023 Maryland Statutes › Election Law › Title 13 - Campaign Finance › Subtitle 1 - General Provisions › Section 13-101 - Scope of Title

(a)    This title applies to each election conducted in accordance with this article.
(b)    This title does not apply to:
(1)    campaign activity required to be governed solely by federal law; or
(2)    an election conducted at the request of a municipality under § 4–108.3 of the Local Government Article.
2023 Maryland Statutes › Election Law › Title 13 - Campaign Finance › Subtitle 1 - General Provisions › Section 13-103 - Summary of Campaign Finance Law; Forms

(a)    (1)    The State Board shall prepare a summary of the election law that relates to campaign finance activity and provide for distribution of the summary.
(2)    When a certificate of candidacy is filed, the board receiving the certificate shall provide the candidate with:
(i)    a copy of the summary; and
(ii)    each form the candidate is required to file under this title.
(b)    The State Board shall provide to a local board samples of such of the forms required under this title as the local board may request.
2023 Maryland Statutes › Election Law › Title 13 - Campaign Finance › Subtitle 1 - General Provisions › Section 13-106 - Protection of Contributor Information

(a)    A person may not use any contributor information from any report or statement required under this title for commercial solicitation purposes.
(b)    A person may not publish any contributor information from any report or statement required under this title in newspapers, magazines, books, websites, or other similar media for the purpose of facilitating commercial solicitation.
2023 Maryland Statutes › Election Law › Title 13 - Campaign Finance › Subtitle 2 - Campaign Finance Organization and Activity › Part I - In General › Section 13-202 - Campaign Finance Entity Required

(a)    This section does not apply to a candidate for election to the central committee of a political party if the candidate during an election cycle does not:
(1)    spend more than $1,000 in personal funds; or
(2)    accept contributions.
(b)    Unless otherwise expressly authorized by law, all campaign finance activity for an election under this article shall be conducted through a campaign finance entity.
(c)    An individual may not file a certificate of candidacy or a declaration of intent under § 5–703 or § 5–703.1 of this article until the individual establishes, or causes to be established, an authorized candidate campaign committee.
(d)    A circulator may not collect signatures for a petition under Article XI–A, Article XI–F, or Article XVI of the Maryland Constitution or under § 9–205 of the Local Government Article until the sponsor of the petition establishes a ballot issue committee.