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.
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.