[HISTORY: Adopted by the Mayor and Common
Council of the City of Westminster as Ch. 6 of the 1972 Code, as amended
through 1990. Subsequent amendments noted where applicable.]
[Amended 1-22-2007 by Ord. No. 757; 1-14-2019 by Ord. No. 905; 12-21-2020 by Ord. No. 931]
B.
Declarations of candidacy shall be filed under oath with the City
Clerk. Declarations may be filed beginning on January 1 of an election
year and must be filed no later than 4:30 p.m. on the Monday that
is six weeks before election day. An announcement shall be made by
the City Clerk of the names of the persons who have filed such declarations
at the first regular Council meeting following said filing deadline.
[Added 1-14-2019 by Ord.
No. 905]
A.
There shall be a Board of Elections comprised of three members, who
shall be appointed by the Mayor, subject to the approval of a majority
of the Common Council. Members of the Board of Elections shall be
qualified voters of the City and shall not hold or be a candidate
for any elective office during his or her term of office. Any Board
member may be removed for good cause by the Common Council or, if
cause arises within the three-week period preceding an election, by
the Mayor upon 24 hours' notice to the Common Council.
[Amended 11-28-2022 by Ord. No. 947]
B.
In this chapter, the term "Board" shall mean the City's Board of
Elections.
C.
Persons appointed to the Board between February 15, 2019, and the
date of the City election in 2021 shall serve until the results of
that election are certified. Persons appointed to the Board thereafter
shall serve until February 14 of the year preceding the City election
next following their appointments.
D.
The chairperson and vice chairperson of the Board of Elections shall
be chosen by the members of the Board.
[Added 1-14-2019 by Ord.
No. 905]
A.
The Board shall be in charge of all City elections and shall supervise
any additional election judges appointed by the Mayor. The Board shall
decide all questions arising in connection with the conduct of City
elections and the operation of the polls.
B.
The Board shall have the following duties, in addition to any other
prescribed by this Code or the City Charter:
(1)
Plan and conduct regular and special City elections in coordination
with the City Clerk;
(2)
Periodically review City elections procedures;
(3)
Serve as Election Judges in City elections;
(4)
Recommend additional qualified individuals to the Council for appointment
as Election Judges during a regular or special City election;
(5)
Promulgate rules and regulations to implement the provisions of the
Charter and Code for the conduct of City elections;
(6)
Encourage voter registration in the City;
(7)
Conduct voter education programs and prepare and distribute voter
outreach materials;
(8)
Recommend to the Council amendments to the City's elections law and
regulations when it deems such amendments are necessary and will provide
for the improved conduct of elections;
(9)
Perform such other duties as may be assigned to the Board of Elections
by Charter, ordinances and resolutions, and by the direction of the
Council.
C.
The Board may consult with the City Attorney or with such other counsel as may be appointed to represent it by the Common Council with respect to the duties and functions set forth in Subsection B of this section.
D.
The Board shall meet at least once a year and may meet at such additional
times as the Board deems necessary to perform the duties and functions
set forth in this chapter. Regular or special meetings shall be convened
by the chairperson or by a majority of the members of the Board.
[Amended 1-22-2007 by Ord. No. 757; 11-24-2008 by Ord. No.
791; 1-14-2019 by Ord. No. 905; 12-21-2020 by Ord. No. 931]
Each candidate for the Office of Mayor or member of the Common
Council shall pay a filing fee as provided in the General Fee Ordinance.[1] All such payments shall be made to the City Clerk and
shall accompany the declaration. These sums shall be retained by the
City.
[Added 11-8-1993 by Ord. No. 583]
A.
Findings and authority. The City finds that requiring candidates
for election to City office to provide campaign finance information
will promote and enhance the integrity of the election process. The
City finds that the campaign finance requirements contained herein
will promote the health, safety and general welfare of the City's
residents.
[Amended 1-14-2019 by Ord. No. 905; 12-21-2020 by Ord. No. 931]
B.
CAMPAIGN STATEMENT
CANDIDATE
CLERK OF THE ELECTION
CONTRIBUTION
CONTRIBUTOR
ELECTION
EXPENDITURE
PERSON
Definitions. As used in this section, the following
terms shall have the meanings indicated:
[Amended 1-22-2007 by Ord. No. 757]
Any individual who files a certificate of candidacy for any
elected City office.
City Clerk.
The gift, transfer or promise of a gift or transfer of money
or other thing of value to any candidate. The term "contribution"
includes the purchase of tickets for events such as dinners, luncheons,
rallies and similar fund-raising events, the granting to the candidate
of discounts or rebates not available to the general public and payment
for the services of any persons serving on behalf of a candidate who
are not volunteers.
Any person who makes a contribution.
Any general or special election held for any elected City
office.
A payment, pledge or promise of payment of money or anything
of value or other obligation, whether or not legally enforceable,
for goods, materials, services or facilities in aid of or in opposition
to the election of one or more candidates.
Any individual, partnership, corporation, association, firm,
committee, club or other organization or group of persons, however
organized.
C.
Record of contributions and expenditures.
(1)
A candidate through his or her Campaign Treasurer
shall keep a true and full record of all contributions and expenditures.
[Amended 12-21-2020 by Ord. No. 931]
(2)
The record shall include:
(a)
The full name and complete mailing address of
every contributor who makes a contribution.
[Amended 12-21-2020 by Ord. No. 931]
(b)
The amount and form of every contribution.
[Amended 12-21-2020 by Ord. No. 931]
(c)
A full record of all disbursements, including
the names and addresses of every recipient thereof.
(3)
Records kept by the candidate shall be preserved for
at least one year after the dates of the election for which the accounts
were required. A candidate shall produce those records for examination
upon the written request of the City Clerk or the Judges of Elections.
D.
Campaign statement filing.
(1)
Each candidate shall file a campaign statement during
each of the following periods:
(a)
On or before April 20 of an election year, covering
the period between the appointment of a Campaign Treasurer and April
15.
[Amended 12-21-2020 by Ord. No. 931]
(b)
On or before May 5 of an election year, for
the period between April 15 and May 1.
[Amended 12-21-2020 by Ord. No. 931]
(c)
Within 35 days following such election or not
later than the day preceding the day upon which the candidate takes
office, whichever occurs first.
(d)
On or before January 1 of every year following the election,
if the campaign account is not closed or all funds are not expended
on or before the date of the previous report.
[Added 12-21-2020 by Ord. No. 931]
(2)
Campaign statements shall be filed with the City Clerk
during regular business hours and shall be made available to the public.
Upon a showing of practical hardship, the City Clerk may extend the
time for filing a campaign statement for up to three days; however,
only one extension may be granted for each statement that is required.
(3)
Before a candidate may raise or expend any money for his or her campaign from any source other than his or her own funds, the candidate must appoint a Campaign Treasurer by filing a certificate of appointment on a form to be devised by the Board of Elections. The campaign finance reports required by this subsection shall be filed and signed under penalty of perjury by the campaign’s Treasurer. If a candidate accepts contributions from any third party, the Treasurer appointed pursuant to Subsection D(3) shall establish a segregated campaign bank account and deposit such funds therein.
[Added 12-21-2020 by Ord. No. 931]
E.
Campaign statement contents.
[Amended 1-22-2007 by Ord. No. 757]
(1)
Each campaign statement filed pursuant to Subsection D shall contain the following information:
(a)
The cumulative total amount of all contributions
and expenditures received by the candidate during the calendar year
in which the election was held, as well as for the prior calendar
year.
(2)
A candidate shall verify, in writing, under penalty of perjury, that
the candidate has read the campaign statement and that it is true
and complete, as far as the candidate knows.
(3)
Where goods, materials, services, facilities or anything
of value other than money is contributed or expended, the monetary
value thereof shall be the fair market value.
(4)
Loans of money, property or other things made to a
candidate or committee during the period covered by the campaign statement
shall be reported separately in the statement with the following information:
(a)
The total of all loans received during the period
covered by the campaign statement.
(b)
For loans of $50 or more in value, the full
name and address of each lender, the date of the loan, the interest
rate and the amount of the loan remaining unpaid.
(c)
The cumulative total value of all loans received.
(d)
The total amount of loans remaining unpaid.
(5)
If a loan has been forgiven or paid by a third person,
it shall be reported.
F.
Limitations on campaign contributions. No anonymous
contribution shall be accepted by a candidate. Any anonymous contribution
shall be given by the candidate to the City Clerk for deposit into
the treasury of the City of Westminster.
G.
[2]Duties of the City Clerk. The City Clerk shall have the
following duties:
(1)
Supply appropriate forms for campaign statements to
all candidates.
(2)
Furnish written instructions explaining the duties
of candidates under the provisions of this section, including closing
and filing dates for all campaign statements.
(3)
Examine all campaign statements filed in the Clerk's
office pursuant to this section and check for irregularities that
do not meet the requirements of this section. Acceptance of the statement
by the City Clerk shall not constitute approval of said statement.
(4)
Notify promptly all persons known to have failed to
file a statement in the form or at the time required.
(5)
Refer all irregularities or failures to file required
statements to the Judges of Election for subsequent action.
(6)
Maintain a current list of all campaign statements
on file in the City Clerk's office.
(7)
Make available for public inspection, commencing as
soon as practicable, filed campaign statements and preserve each campaign
statement for each one year from the date upon which it was required
to be filed.
H.
Duties of the Board. In addition to other duties designated in this
chapter and by the City's Charter, the Board shall determine whether
the required campaign statements have been properly filed and make
a public report to the Mayor and Common Council within 40 days after
such election, including but not limited to, violations of this section.
[Amended 1-14-2019 by Ord. No. 905]
I.
Effect of nonfiling or late filing. The City Clerk shall not issue any certificate of election to any candidate until the candidate's campaign statements required by Subsection D or, if no campaign statement is required, the written declaration of exemption required under Subsection G has been filed in the form and at the place required.
J.
Violations and penalties. In addition to all of the
remedies provided by law, any nonfiling of the required campaign statement
or any intentional filing of a false statement by a candidate shall
be punished as a municipal infraction. The penalty for violation shall
be a fine of $400 for a first offense during any election cycle, $800
for a second offense during the same election cycle, and $1,000 for
a third or subsequent offense during the same election cycle. Additionally,
the City may institute any appropriate action or proceedings to prevent
any violation of this section.
[Amended 12-21-2020 by Ord. No. 931]
In case of any vacancy which may exist in respect
to a declared candidate for the office of Mayor or member of the Common
Council, the town meeting called by the Mayor pursuant to this section
shall choose a qualified candidate who will consent to nomination
for such office.
A.
Candidates for the offices of Mayor and member of
the Common Council shall be nominated at a town meeting called by
the Mayor for such purpose, to be held on the Monday which precedes
by 14 days the second Monday in May of each odd-numbered year, provided
that if the Monday which precedes by 14 days the second Monday in
May is a legal holiday, then the next following regular business day
shall be the date for such town meeting.
B.
The Mayor shall determine the place and hours for
the holding of such town meeting and shall give notice thereof to
the public during the period beginning March 15 and ending March 22
by publication in the newspapers published in the City and by such
other means as he may elect. Such notice shall state the offices to
be filled at the ensuing general City election; the deadline date
for the filing of declarations of intention of candidacy and the deposit
of filing fees with the City Clerk; the place, date and hours of the
town meeting for the nomination of candidates and who is eligible
to vote at such meeting; and the place, date and hours of the general
City election.
C.
The presiding officer at such town meeting shall be
a Chairman, who shall be elected by those in attendance who are qualified
to vote at the ensuing City election, and all such qualified voters
who are present shall be entitled to vote for the nomination of candidates
at the meeting. The Chief of Police shall designate two police officers
of the City to attend such meeting as Sergeants at Arms to preserve
order and decorum.
D.
Nominations for the offices of Mayor and member of
the Common Council, respectively, shall be made only from among those
qualified persons who have duly filed declarations of intention of
candidacy and have made timely deposit of the required filing fee,
except as provided in this section.
[Amended 6-22-1992 by Ord. No. 550; 7-11-2011 by Ord. No.
829]
Regular City elections shall be held on odd-numbered years on the Tuesday following the second Monday in May between the hours of 7:00 a.m. and 8:00 p.m. at such place or places as shall be designated by the Mayor and Common Council, and notice thereof shall be given as provided in § 14-3B.
[Added 6-22-1992 by Ord. No. 550]
A.
In the event that the Mayor and Common Council designates
more than one polling place for City elections, the Mayor and Common
Council, by resolution, shall subdivide the City into two or more
precincts as is deemed expedient for the convenience of the voters.
Said precincts shall be established utilizing a written description
and a map of their boundaries.
B.
Whenever the City is subdivided into two or more precincts as provided in Subsection A, the City Clerk shall provide for and cause to be prepared such additional sets of cards or loose-leaf pages or other forms as may be required for transcribing the names of registered voters transferred to such newly established precinct or polling place and to correct and transfer the registration forms or cards of the registered voters affected thereby.
C.
Whenever the City is subdivided into two or more precincts as provided in Subsection A, the City Clerk shall notify or cause to be notified the voters affected by the establishment of precincts by mail within 30 days after such change. A voter's registration may not be invalidated by the establishment of precincts, nor shall the right of any voter be prejudiced by any error in filing or in making out the list of voters and the assignment of said voters to a precinct.
[Amended 3-25-1991 by Ord. No. 538; 6-22-1992 by Ord. No. 550; 1-14-2019 by Ord. No. 905; 12-21-2020 by Ord. No. 931]
A.
For each
regular and special City election, the Mayor shall designate at least
three citizens of the City for each polling place who are qualified
and legal voters thereof to serve as Judges, at least 10 days before
such election, and shall direct the City Clerk to issue to them a
commission authorizing them to conduct such election in the manner
herein set forth and requiring a statement of the results thereof
to be made and returned by them to the Mayor and Common Council, to
which commission shall be annexed an oath, to be taken by the Judges
before a person duly authorized to administer oaths, that they will
faithfully and honestly discharge the duties of the Judges of Election
and shall permit all persons to vote who, in their judgment, shall
be qualified according to the law and ordinances and will in all things
execute the office of Election Judges to the best of their knowledge
and ability and without favor or partiality. The Mayor may appoint
alternate Election Judges, who may serve at the request of the chairperson
of the Board in the event of the absence of a regular Election Judge.
B.
It shall
be the duty of the Election Judges to keep the poll books or lists
containing a column headed “number” and another headed “names
of voters." All entries therein shall be made in ink, and the name
of each person who shall vote shall be entered on each of the poll
books, the number of such voter being placed opposite his or her name
in the column headed “number.”
[Amended 1-22-2007 by Ord. No. 757; 12-21-2020 by Ord. No.
931]
A.
The City
Clerk shall be the Clerk of Elections. It shall be the duty of the
City Clerk to distribute absentee ballots to persons entitled to receive
them.
B.
A person requesting an absentee ballot under § 5.1 of the City Charter shall send a request for such a ballot to the City Clerk after January 1 of an election year, or shall request a ballot in person or through a representative at City Hall during regular business hours beginning on the Tuesday that is three weeks before an election.
C.
If a request
by mail for an absentee ballot is received at least 15 days before
an election, the City Clerk will mail a ballot to the voter 10 or
more days before the election. If a request for an absentee ballot
is received fewer than 15 days before the election, the City Clerk
will use reasonable efforts to mail a ballot in time for the voter
to cast his or her ballot by mail.
D.
A person
who appears at City Hall during regular business hours on or after
the Tuesday that is three weeks before an election and at least 24
hours before the election to request a ballot will be given a ballot.
[Amended 1-14-2019 by Ord. No. 905]
Absentee ballots shall be placed by the City Clerk in a locked ballot box reserved for that purpose that shall not be opened until after the close of the polls and the canvassing, counting or tabulation of regular ballots as provided in § 14-9 of this chapter. At that time, the Election Judges shall open the absentee ballot box and ensure that all ballots are removed and that each absentee ballot is counted.
[Amended 12-21-2020 by Ord. No. 931]
A person is eligible to vote in a City election if:
A.
The person
is qualified to vote for delegates to the General Assembly of Maryland;
and
B.
The person
resides in the City on the date of a City election;
C.
The person
has resided within the City not less than six months preceding the
election; and
D.
The person’s
name appears upon the Carroll County voter registration list.
[Amended 1-22-2007 by Ord. No. 757]
At the hour designated for the closing of the
polls, the Judges of Election shall refuse to receive any additional
votes and proceed forthwith to canvass the votes cast, which canvass
shall not be adjourned or postponed until it shall have been fully
completed. Any candidate or challenger for such candidate shall have
the right to be present and so near that they can see the Judges and
Clerk are faithfully performing their duties.
When the canvass of the votes shall have been
completed, the Clerk shall announce to the Judges the total number
of votes received by each candidate and the number for and the number
against any proposition that shall be put to the vote of the people;
and the Judges shall announce and declare the name of the successful
candidate for any office and the success or failure of any proposition
submitted to the voters, and such proclamation shall be prima facie
evidence of the canvass of such ballots and the results of such election.
[Amended 1-14-2019 by Ord. No. 905]
Following their announcement of the results
of the election, the Board shall then forthwith proceed to make up
a statement of the results of the election, which statement shall
contain the total number of ballots in the ballot box and the number
of votes found therein for each and every candidate, designating the
office for which they are given. Such statement shall be written or
partly written and partly printed, and in case any proposition has
been submitted to vote at such election, such statement shall show
all votes cast for or against such proposition, and at the end of
such statement shall be written a certificate that the same is correct
in all respects, which certificate and statement or return shall be
subscribed by the Board and returned to the Mayor and Common Council,
together with the tally sheets, poll books or lists and the ballots
cast at such election and all papers showing the qualification of
the Election Judges.
[Amended 1-14-2019 by Ord. No. 905]
Immediately following the return of election
results to the Mayor and Common Council, the City Clerk shall sign
a notice directed to the persons who have been by the City Clerk declared
elected to the office of Mayor or Common Council, informing them of
their election, which notice shall be mailed or personally delivered
to the successful candidates.
The ballots returned to the Mayor and Common
Council shall be by them retained for a period of 60 days, securely
sealed, and shall not be opened or examined unless under order of
court in a contest relating to such election, and such ballots shall,
after the expiration of 60 days, be destroyed.
If notice of any election shall not be given
as required by this chapter or if the Judges of Election shall not
be appointed or refuse to act, five or more voters of the City may
call an election by notice set up in the most public places in the
City, not less than one week previous to such election, therein naming
the time and place of holding such election and naming three Judges
thereof, who or any two of whom may hold such election and have the
same powers in respect thereto as Judges appointed by the Mayor.
[Amended 1-14-2019 by Ord. No. 905]
The Board, in its discretion, may provide for the use of voting machines. Regular ballots shall be cast in person by duly registered voters at the time or times and place or places designated by the City Charter or by resolution of the Common Council pursuant to § 14-4.1 of this Code for the conduct of City elections at a duly designated polling place by use of that paper ballot or voting machine or device officially designated by the Board of Elections prior to the opening of the polls on election day. Nothing herein shall be construed to prevent a duly registered voter from casting an absentee ballot in conformance with any provision of the City Charter or this Code.
[Amended 1-14-2019 by Ord. No. 905]
A.
If at any City election any person shall falsely personate any voter or other person and shall attempt to vote in the name of such persons, whether living or dead, or shall knowingly, willfully or fraudulently vote more than once upon any question or for any candidate or candidates for the same office or interfere with or attempt to hinder any qualified voter from executing his right to vote or shall interfere with any Election Judge in performing his or her duties, he or she shall, upon conviction thereof, be punished as provided in § 1-18A of this Code.
B.
Any Election Judge who shall make, sign or publish any false tally of a City election or any false statement of the result of such election, knowing the same to be false, or who shall willfully exclude any vote tendered, knowing the person offering the same is entitled to vote at such election, or who shall willfully receive a vote from any person whom he or she knows has no right to vote shall, upon conviction thereof, be punished as provided in § 1-18A of this Code.
[Amended 1-14-2019 by Ord. No. 905]
All expenses connected with the conduct of City elections, including
the compensation of the Election Judges, shall be paid out of the
general funds of the City. Compensation of the members of the Board
for their service as Election Judges, and of additional Election Judges,
if any, may be set from time to time by resolution of the Common Council.
Any such compensation shall be set before the Monday that is four
weeks before election day.
Any matter relating to elections which is not
provided for in the City Charter or this Code or another ordinance
shall be in conformity, as nearly as may be practicable, with the
general election laws of the state,[1] as determined by resolution of the legislative body or
by the Mayor if there is insufficient time in which to present such
matter to the legislative body.
[1]
Editor's Note: See Art. 33 of the Annotated
Code of Maryland.
