[P.L.L., 1930, Art. 6, sec. 181. 1929, ch.
21, sec. 4; 1947, ch. 337, sec. 181; Res., 1-18-1965, sec. 181; Res., 1-27-1984; Res. No. 2004-03, 3-1-2004; Res. No. 2009-02, 2-2-2009; amended 4-3-2023 by Res. No. 2023-04]
A.
Date; time; terms. On the fourth Tuesday in September
2023 an election shall be held between the hours of 7:00 a.m. and
7:00 p.m. under this Charter, for the election of the Mayor and two
Council members each from a different district. On the fourth Tuesday
in September 2025 an election shall be held between the hours of 7:00
a.m. and 7:00 p.m. under this Charter for the election of two Council
members each from a different district.
On the Tuesday after the first Monday in November 2028, and
upon the Tuesday after the first Monday in November every two years
thereafter, an election shall be held between the hours of 7:00 a.m.
and 7:00 p.m.
Notice of an election shall printed in some newspaper of general
circulation, published in Caroline County, or posted in three conspicuous
places in the Town of Federalsburg for at least 10 days before the
election. At an election, the one candidate for Council member from
each district receiving the highest number of votes shall be elected
for a four-year term as Council member. The candidate for Mayor at
a Mayoral election receiving the highest number of votes shall be
elected Mayor of Federalsburg for a four-year term. The term of the
Mayor of Federalsburg shall hereafter be for four years.
The Town shall be divided into two legislative districts for
the election of members of the Council. Each legislative district
shall contain two Council members who shall be elected by the registered
voters of that legislative district only. The legislative districts
shall be established on a map adopted by resolution by a majority
of the Mayor and Council.
(1) Each legislative district shall consist
of adjoining territory, be relatively compact in form, and include
substantially the same population as other districts. Due regard shall
be given to all constitutional standards in creating the legislative
districts.
(2) From time to time as based on the latest
U.S. Census Bureau data and after public hearing, the Mayor and Council
may reestablish boundaries of the legislative districts for elections
of the members of the Council.
The term of the Mayor and two Council members who are elected
in September 2023 shall be extended until the fourth Monday in November
2028. The term of the two Council members who are elected in September
2025 shall be extended until the fourth Monday in November 2030.
On the Tuesday after the first Monday in November 2028, and
on the same date every four years thereafter, an election shall be
held for Mayor and one District 1 Council member and one District
2 Council member. On the Tuesday after the first Monday in November
2030, and on the same date every four years thereafter, an election
shall be held for one District 1 Council member and one District 2
Council member,
B.
Candidacy.
Candidates for District 1 Council member and District 2 Council member
must reside in the legislative district in which they are elected
to. All persons deciding to become a candidate for Mayor or Council
member shall file with the Clerk of Federalsburg no later than 21
days prior to any election a written statement of such candidacy,
accompanied by a petition signed by at least 10 duly qualified voters
nominating such candidate, which written statement of candidacy and
the voters' nominating petition shall be substantially in the following
form:
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CANDIDATE FOR NOMINATION FOR
_________________________
Office.
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State of Maryland, Caroline County, to wit:
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I, ______________________, hereby certify that I am now and
have been for more than one year a resident of the Town of Federalsburg,
Caroline County, Maryland, and that I am a qualified voter therein;
that I am a candidate for the office of _________________, to be voted
upon at the Town election to be held on _______________________________,
20_____, and I hereby request my name be printed upon the official
ballot at said election as a candidate for said office.
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(signed) _________________
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Subscribed and sworn to before me this _____ day of ______________,
20_____.
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________________________
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Notary Public
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To the Clerk of Federalsburg:
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We, the undersigned, citizens of the Town of Federalsburg, Caroline
County, Maryland, and being duly qualified voters of said Town, do
hereby certify, that we do nominate ____________________, who has
been a resident of the Town of Federalsburg, Caroline County, for
more than one year, for the office of __________.
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We do further certify that we and each of us shall vote for
the said person nominated hereby.
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Witness our hands this __________ day of ______________, 20____.
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(Signatures of 10 petitioning voters.)
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C.
Election.
Immediately upon the expiration of the time of filing of petitions
by the respective candidates, the Clerk of Federalsburg shall cause
to be published in one or more newspapers published in Caroline County
or posted in three conspicuous places in the Town of Federalsburg
the names of all the candidates as they are to appear upon the official
ballot.
[Res., 1-18-1965, sec. 181A; Res., 1-27-1984; Res. No. 2004-03, 3-1-2004]
A.
Voters. Every citizen of the Town of Federalsburg
who has been a resident therein for 30 consecutive days next preceding
any Town election and who was a qualified voter at the last preceding
state or congressional election, or who may reach the age of 18 years
between the first Tuesday after the first Monday of November and the
date of any Town election as hereinbefore provided, shall be a duly
qualified voter of the Town, and every duly qualified voter of the
Town who is duly registered in accordance with the provisions of this
Charter shall be entitled to vote at any and all Town elections.
B.
Registration. The Town shall use the voter registration
list prepared by Caroline County.
C.
Precincts. The Mayor and Council of Federalsburg may,
from time to time, divide the said Town of Federalsburg into such
precincts as they may deem advisable from time to time. They may require
all persons living within said precincts to vote in the place or places
so provided. Until such time as said Mayor and Council may so divide
said Town, all persons living within said Town shall vote at the place
provided by said Mayor and Council.
[Unnumbered Res. No. 1, 7-26-1994; Res. No. 2004-03, 3-1-2004]
A.
Qualification: The following persons may vote as absentee
voters in Town elections:
(1)
Any qualified voter in the Town who may be unavoidably
absent from the Town for any reason on any Town election day.
(2)
Any qualified voter of the Town whose physical disability
confines him/her to his/her home or will otherwise prevent him/her
from being present and personally voting at the polls on any Town
election day.
B.
Application for ballot.
(1)
A qualified voter of the Town desiring to vote at
any Town election as an absentee voter shall make application in writing
to the Town Clerk for an absentee ballot, which application must be
received not later than five calendar days before the election.
(2)
Upon receipt of said application the Town Clerk shall
promptly mail or deliver a ballot to the qualified applicant which
shall be marked at the top "Absentee Ballot." Underneath these words
shall be printed the following instruction: "Mark ballot by placing
an X in the proper blank after each candidate or question that you
wish to vote for."
(3)
Two envelopes shall be provided with the absentee
ballot:
(4)
All ballots must be received by the Judges of the
Town election not later than the closing of the polls on Town election
day. If it is not received prior to such closing, it will not be counted.
(5)
The Judges of the Town election shall not open or
unfold any ballot envelope prior to the closing of the polls and the
beginning of the canvass of all ballots. No absentee ballot shall
be rejected except by unanimous vote of the Judges of the Election.
C.
Assistance in marking ballot, etc. Any registered
voter who requires assistance to vote by reason of blindness, disability,
or inability to read the English language or write may be given assistance
by a person of the voter's choice. Any person rendering assistance
pursuant to this subsection shall execute a certification to be included
in the instructions prescribed by Maryland Annotated Code, Election
Article, § 9-308.
D.
Any reference to state law qualification in this section
shall be a continuing reference to any amendments and changes as they
may be made in state law from time to time.
A.
After the Tuesday preceding an election and on the day of the election prior to the time the polls close, any person registered and otherwise qualified to vote may apply, in person or through a duly authorized agent, as authorized in Subsection D of this section, who appears in person, at the office of the Board of Supervisors of Elections for an emergency absentee ballot if the person is eligible for an absentee ballot under the provisions of Maryland Annotated Code, Election Article, § 9-304.
B.
The application shall be made under penalty of perjury
but without formal oath, setting forth the reason why the voter is
unable to be present at the polls on the day of the election.
C.
Upon receipt of the application, the Board, if satisfied
that the person cannot, in fact, be present at the polling place on
the day of the election, shall issue to the applicant, or his/her
duly authorized agent, an absentee ballot which shall be marked by
the voter, placed in a sealed envelope, and returned, under seal,
to the Board by the agent.
D.
If the applicant does not apply in person, the applicant
shall designate a voter registered in the same county or Town as agent
for the purpose of delivering the absentee ballot to the voter, and
the agent shall execute an affidavit under penalty of perjury that
the ballot was delivered to the voter who submitted the application,
was marked by the voter in the agent's presence, was placed in a sealed
envelope in the agent's presence, and returned, under seal, to the
Board by the agent.
E.
Any emergency ballot received by the Board shall be
considered timely if received no later than the close of the polls
on Town election day.
[Res., 1-18-1965, sec. 181B; Res. No. 2004-03, 3-1-2004]
Voting machines shall be used in the conduct
of municipal elections in the Town of Federalsburg. The Clerk of Federalsburg
shall cause to be printed such ballot labels for said voting machines
in connection with any Town election as will comply with the provisions
of Article 33 of the Annotated Code of Maryland. In the event for
any reason voting machines may not be available, then said Clerk shall
cause to be printed such paper ballots as will comply with the provisions
of said Article 33.
[Res., 1-18-1965, sec. 181C; Res. No. 2004-03, 3-1-2004; 1-6-2020 by Res. No. 2019-08]
At the first Mayor and Council meeting in the
month of September preceding an election, the Mayor and Council shall
appoint such number of qualified voters of the Town of Federalsburg
as to him/her may appear necessary to serve as Judges at said election,
said election to be conducted in all respects as elections are conducted
under the provisions of the State Election Law Article of the Annotated
Code of Maryland. Prior to conducting each such election, said Judges
shall take the oath required of Judges by the State Election Law Article
of the Annotated Code of Maryland. Immediately after each such election
the Judges appointed hereunder shall announce to all persons present
the results of the election and shall return to the Clerk of Federalsburg
under their hands the number of votes cast and for whom. Said Clerk
shall file the same at once.
[P.L.L., 1930, Art. 6, sec. 182. 1929, ch.
21, sec. 5; Res. No. 2004-03, 3-1-2004]
In the event that there shall be a failure to
make any nomination for any one or more of the offices to be elected
hereunder, then it shall be lawful to nominate a candidate or candidates,
as the case may be, for such office or offices at any time prior to
the holding of said election, provided a written statement of candidacy
and nominating petition is filed.
[P.L.L., 1930, Art. 6, sec. 183. 1929, ch.
21, sec. 6; Res. No. 2004-03, 3-1-2004]
If at any election for Mayor or Council member there shall be a tie vote between any candidate or candidates for the same office, a special election shall be called by the Mayor and Council and shall be conducted in the same manner as is provided for in § C2-1 of this article.
