§ 12-107. Costs

   (a) "Petitioner" defined. -- In this section, "petitioner" includes a counterpetitioner.

(b) In general. --

   (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) Payment by county. -- 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.

HISTORY: An. Code 1957, art. 33, § 12-107; 2002, ch. 291, § 2, 4.