Every person who is a citizen of the United States, is at least eighteen (18) years of age, has resided within the corporate limits of the town for thirty (30) days 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 and all town elections, including the right to vote by absentee ballot in accordance with procedures as may be established by ordinance of the Council.
There shall be a Board of Supervisors of Elections, consisting of three (3) members, who shall be appointed by the Mayor with the approval of the Council. The Mayor shall appoint members at least sixty (60) days before an election and the members so appointed and approved shall serve a term of two (2) years. Members of the Board of Supervisors of Elections shall be qualified voters of the town pursuant to § C5-1 and shall not hold or be candidates for any elective office during their term of office. The Board shall appoint one (1) of its members as Chair. Vacancies on the Board shall be filled by the Mayor with the approval of the Council for the remainder of the un-expired term. The compensation of the members of the Board shall be determined by the Council.
Any member of the Board of Supervisors of Elections may be removed by the Council for inefficiency, malfeasance, misfeasance, nonfeasance, or misconduct in office. Before removal, the member of the Board of Supervisors of Elections to be removed shall be given a written copy of the charges and shall have a public hearing on them before the Council if requested within ten (10) days after receiving the written copy of the charges.
The Board of Supervisors of Elections shall be in charge of registering voters, receiving nominations, certifying candidates, conducting all town elections and certifying election results. The Board may appoint election clerks or other employees to assist it in any of its duties, and the Town Manager shall serve as Secretary to the Board. The Board is authorized and directed to adopt suitable rules and regulations to facilitate the registration of qualified persons as voters, to ensure the maintenance of adequate records and to safeguard the integrity of elections. Such rules and regulations may not be inconsistent with the terms of this Charter or any ordinance of the Council and shall not take effect until approved by resolution of the Council.
The Board of Supervisors of Elections shall give at least two (2) weeks' notice of every election by an advertisement published in at least one (1) newspaper of general circulation in the town and by posting a notice thereof in some public place or places in the town.
A. 
Provided that persons meet the voter qualifications enumerated in this Chapter, registration to vote in the county shall be deemed registration for town elections and the town Board of Supervisors of Elections shall accept the list of registered voters provided by the county Board of Elections as a valid registration list for the town.
B. 
The Town shall provide continuous registration of qualified persons not registered to vote, except at such times when registration is closed as required by ordinance of the Council. 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 town. The Council is hereby authorized and directed, by ordinance, to adopt and enforce any provisions necessary to establish and maintain a system of permanent registration and to provide for a re-registration when necessary.
[Amended 6-10-2003 by Res. No. 2003-02]
Any person aggrieved by an action of the Board of Supervisors of Elections may request a hearing before the Board. A decision of the Board rendered in such hearing may be appealed to the Circuit Court of Carroll County as established by ordinance.
Persons may be nominated for elective office in the town by filing a certification of nomination at the office of the Board of Supervisors of Elections on or before the second Monday in April next preceding the town elections. No person shall file for nomination to more than one (1) elective town public office or hold more than one (1) elective town public office at any one (1) time. Such certification shall be made upon the forms provided by the Board of Supervisors of Elections and shall require the original signature of the applicant.
It shall be the responsibility of the Board of Supervisors to review all certifications of nomination and certify that each applicant is properly eligible for election to municipal office pursuant to the requirements in the Charter and Town Code. The Board of Supervisors of Elections shall have the power to request such information as necessary to make this determination.
[1]
Editor's Note: Former § C5-9, Primary elections; town meetings and conventions, was repealed 1-22-1991 by Res. No. 1991-1.
On the second Tuesday in May in every odd-numbered year, the qualified voters of the town shall elect town officials as herein provided.
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.
Within forty-eight (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 of the Council, who shall record the results in the minutes of the Council. The candidate for Mayor with the highest number of votes in the general election shall be declared elected as Mayor. The candidates for the available Council member positions with the highest number of votes in the general election shall be declared elected as Council members.
All ballots used in any town election shall be preserved for at least six (6) 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 expired term. In case of a vacancy in the office of Mayor for any reason, the Vice-President of the Council shall vacate their seat on the Council and occupy the office of Mayor for the remainder of the unexpired term. Any vacancies on the Council 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.
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.
Any person who fails to perform any duty required of him under the provisions of this Article or any ordinances passed thereunder, who, in any manner, willfully or corruptly violates any of the provisions of this Article or any ordinances passed thereunder, or who willfully or corruptly does anything which will or will tend to affect fraudulently 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.