Every person who is a citizen of the United
States, is at least 18 years of age, has resided in the State of Maryland
for at least one year next preceding any Town election, has resided
within the corporate limits of the Town for six months next preceding
any Town election and is registered in accordance with the provisions
of this Charter shall be a qualified voter of the Town. Every qualified
voter of the Town shall be entitled to vote at any or all Town elections.
There shall be a Board of Supervisors of Elections
consisting of three members, who shall be appointed by the Mayor with
the approval of the Council on or before the first Monday in March
in every second odd-numbered year. The terms of members of the Board
of Supervisors of Elections shall begin on the first Monday in March
in the year in which they are appointed and shall run for four years.
Members of the Board of Supervisors of Elections shall be qualified
voters of the Town and shall not hold or be candidates for any elective
office during their term of office. The Board shall appoint one of
its members as Chairman. Vacancies on the Board shall be filled by
the Mayor with the approval of the Council for the remainder of the
unexpired term. The compensation of the members of the Board shall
be determined by the Council.
[Amended 7-5-2006 by Res. No. 06-14-06B]
Any member of the Board of Supervisors of Elections
may be removed for inefficiency, malfeasance, misfeasance, nonfeasance
or misconduct in office by the Council. Before removal, the member
of the Board of Supervisors of Elections to be removed shall be given
a written copy of the charges against him and shall have a public
hearing on them before the Council if he so requests within 10 days
after receiving the written copy of the charges against him.
The Board of Supervisors of Elections shall
be in charge of the registration of voters, nominations and all Town
elections. The Board may appoint election clerks or other employees
to assist it in any of its duties.
The Board of Supervisors of Elections shall
give at least two weeks' notice of every registration day and every
election by an advertisement published in at least one newspaper of
general circulation in the Town and by posting a notice thereof in
some public places or places in the Town.
[Amended 7-5-2006 by Res. No. 06-14-06B]
Registration by a Town resident with the Carroll
County Board of Supervisors of Elections shall be deemed registration
for New Windsor Town elections. The Town Board of Supervisors of Elections
shall accept the list of registered voters provided by the County
as valid registration for the Town. Registration shall be permanent,
and no person shall be entitled to vote in Town elections unless he
is registered. It shall be the duty of the Board of Supervisors of
Elections to keep the registration lists up-to-date by striking from
the lists persons known to have died or to have moved out of the Town.
If any person shall feel aggrieved by the action
of the Board of Supervisors of Elections in refusing to register or
in striking off the name of any person or by any other action, such
person may appeal to the Council. Any decision or action of the Council
upon such appeals may be appealed to the Circuit Court for the county
within 30 days of the decision or action of the Council.
[Amended 7-5-2006 by Res. No. 06-14-06B]
A.
Persons may be nominated for elective office in the
Town by filing a certificate of nomination at the office of the Board
of Supervisors of Elections on or before the second Monday in April
next preceding the Town election. No person shall file for nomination
to more than one elective Town public office or hold more than one
elective Town public office at any one time.
B.
It shall be the responsibility of the Board of Supervisors
of Elections to review all certifications of nomination and certify
that the applicant is properly eligible for election to municipal
office, pursuant to the requirements of this Charter and the Town
Code. The Board of Supervisors of Elections shall have the power to
request such information as is necessary to make this determination.
[1]
Editor's Note: Former § C6-9, Primaries,
was repealed 7-5-2006 by Res. No. 06-14-06B.
[Amended by Res. No. 1997-3R]
A.
Date. On the second Tuesday in May in every odd-numbered
year, the qualified voters of the Town shall elect Town officials
as herein provided.
B.
1979 election. Beginning with the election of 1979
and every four years hence, three Councilmen shall be elected to serve
for terms of four years.
C.
1981 election. Beginning with the election of 1981
and every four years hence, the Mayor and two Councilmen shall be
elected to serve for terms of four years.
[Amended by Res. No. 1997-3R; 7-5-2006 by Res. No. 06-14-06B]
It shall be the duty of the Board of Supervisors
of Elections to provide for each special and general election a suitable
place or places for voting and suitable ballot boxes and ballots and/or
voting machines. The ballots and/or voting machines shall show the
name of each candidate nominated for elective office in accordance
with the provisions of this Charter, arranged in alphabetical order
by office with no party designation of any kind. The Board of Supervisors
of Elections shall keep the polls open from 7:00 a.m. to 8:00 p.m.
on election days or for longer hours if the Council requires it.
All special Town elections shall be conducted
by the Board of Supervisors of Elections in the same manner and with
the same personnel, as far as practicable, as regular Town elections.
[Amended by Res. No. 1997-3R; 5-19-2014 by Res. No. 05-19-14]
A.
Within 48 hours after the closing of the polls, the Board of Supervisors
of Elections shall determine the vote cast for each candidate or question
and shall certify the results of the election to the Clerk-Treasurer
of the Town, who shall record the results in the minutes of the Council.
Write-in votes shall not be counted. In the odd-numbered years where
only Councilmembers are to be elected, the three candidates for Councilmember
with the highest number of votes shall be declared as Councilmembers
for terms of four years, and in odd-numbered years where the Mayor
and two Councilmembers shall be elected, the candidate for Mayor with
the highest number of votes shall be declared elected as Mayor for
a term of four years, and the two candidates for Councilmember with
the highest number of votes shall be declared elected as Councilmembers
for terms of four years.
B.
If one or more council seats or the position of Mayor remains unfilled
after the election because of an equal number of votes being received
by two or more candidates, a runoff election shall be held among those
candidates for the Council seat or seats or position of Mayor remaining
unfilled. Such election shall be held no later than the second Tuesday
of June, shall be open only to the qualified voters of the general
election and shall in all other respects be in accordance with the
election provisions of this Charter. In the event that a runoff election
results in a tie vote, the tie vote shall be broken or resolved by
lot. After the lot has been cast, the Board of Supervisors of Elections
shall certify the candidate who has prevailed to the Clerk-Treasurer
of the Town who shall record that candidate as the person elected
to a Council seat or to the position of Mayor, and that candidate
shall be declared as Councilmember or Mayor.
All ballots used in any Town election shall
be preserved for at least six months from the date of the election.
In case of a vacancy on the Council for any
reason, the Council shall elect some qualified person to fill such
vacancy for the unexpired term. In case of a vacancy in the office
of Mayor for any reason, the Council shall elect some qualified person
to fill the vacancy for the remainder of the unexpired term. Any vacancies
on the Council or in the office of Mayor shall be filled by the favorable
votes of a majority of the remaining members of the Council. The results
of any such vote shall be recorded in the minutes of the Council.
[Amended by Res. No. 1997-3R]
The Council shall have the power to provide
by ordinance in every respect not covered by the provisions of this
Charter, for the conduct of registration, nomination and Town elections
and for the prevention of fraud in connection therewith and for a
recount of ballots in case of doubt or fraud.
[Amended by Res. No. 1997-3R; 5-19-2014 by Res. No. 05-19-14]
Any person who fails to perform any duty required
under the provisions of this Article or any ordinances passed thereunder,
in any manner willfully or corruptly violates any of the provisions
of this Article or any ordinances passed thereunder or willfully or
corruptly does anything which will or will tend to fraudulently affect
any registration, nomination or Town election shall be deemed guilty
of a misdemeanor. Any officer or employee of the Town government who
is convicted of a misdemeanor under the provisions of this section
shall immediately, upon conviction thereof, cease to hold such office
or employment.
