[Amended 11-28-1979 by Res. No. 1-1979; 2-11-1992 by Res. No. 1-1992; 5-11-1993 by Res. No. 1-1993; 9-5-2006 by Res. No. 1-06]
Any citizen of the United States who has attained the age of
eighteen (18) years and who resides in the City of Fruitland at the
time of registration shall be eligible to register and after registration
shall be eligible to vote at all municipal elections, so long as he
is a citizen of the United States, resides in the City of Fruitland
and is not otherwise ineligible to vote in statewide elections.
The City Council shall appoint three (3) residents who are qualified
voters of the City to serve as a Board of Supervisors of Elections.
The term of the members shall be six (6) years. The terms of the three
(3) members of the Board of Supervisors of Elections are staggered,
and as of the effective date of this Charter Resolution No. 1-06,
the terms of the current members end as follows: one on June 30, 2007;
one on June 30, 2008; and one on June 30, 2009, which shall continue
hereinafter until the scheduled expiration of their terms and qualification
of their respective successors or their reappointment as the case
may be. Any vacancy during the unexpired term of a member shall be
filled by the City Council for the remainder of the term. All members
shall serve until their successors are appointed and qualified. The
compensation of the members of the Board of Supervisors shall be determined
by the City Council. Before entering upon the duties of this office,
each member of the Board shall take oath before the City Clerk that
he will diligently, faithfully and impartially discharge his duties
as a member of said Board. The Board shall annually select one (1)
of its members as Clerk and another as Chairman, who shall so serve
until replaced in such capacity, and each member shall have power
to administer oaths in connection with the registration of voters
for municipal elections. When authorized by the City Council by Ordinance,
the Board of Election Supervisors may appoint such other persons to
officiate at registration and elections as may be required.
The City shall participate in the Wicomico County Universal
County-wide registration whereby residents qualified to vote in Wicomico
County may register to do so with the Wicomico County Board of Supervisors
of Elections.
The Fruitland Board of Supervisors of Elections shall obtain
a list of qualified and registered Wicomico County voters who reside
within the City of Fruitland from the Wicomico County Board of Supervisors
of Elections and shall conduct all regular and special elections in
accordance with provisions to[1] this Charter and Ordinances of the City. The Board of
Supervisors of Elections shall act as a board of canvassers for all
regular and special elections of the City and shall, within forty-eight
(48) hours after the closing of the polls after each such election,
certify the results thereof to the City Clerk, who shall record the
same in the Minutes of the City Council. The City Clerk shall issue
Certificates of Election to the candidates who have been declared
elected by the Board of Supervisors of Elections on the basis of the
results announced by them. The Board of Supervisors of Elections shall
declare, in descending order of the number of votes received, the
candidates elected to each office until all offices contested in said
election have been filled. The City Clerk shall also enter into the
Minutes of the City Council the results of any referendum held at
a general or special election.
[1]
Editor's Note: So in original. Probably should read "of."
Once registered, a voter shall remain registered unless removed
from the books by either the Wicomico County Board of Supervisors
of Elections or by the Fruitland Board of Supervisors of Elections
for cause. "Cause" shall be defined as one of those reasons set forth
in the Maryland Code, Elections Law Article, §§ 3-102
and 3-502. The Board of Supervisors of Elections shall, at least once
each year, examine the registration books in order to determine the
names of those persons who should be removed for cause as above defined
and to make such investigation and take such action as shall be required
to see that the registration books contain only those duly qualified
to vote. Any applicant who has been denied the right to register,
or a person whose name has been removed from the registration list,
or a person who has been denied the right to vote and who feels aggrieved,
may seek resolution of such dispute pursuant to Maryland Code, Elections
Law Article, Subtitle 6.
The voting list obtained and maintained pursuant to FC4-3 and
FC4-5 of[1] the Board of Supervisors of Elections shall constitute
and be the list of those persons eligible to vote at City elections
who have qualified and registered with the Wicomico County Board of
Supervisors of Elections and reside within the City, and no person
whose name does not appear on such record shall be eligible to vote
at any municipal election. No names shall be added to the list after
it has been received from the Wicomico County Board of Supervisors
of Elections, and no names shall be removed, except those known to
the Fruitland Board of Supervisors of Elections to be non-residents
of the City at the time said voting list is received and as per the
provisions of FC4-5. Said list shall be open to inspection upon request
during normal business hours.
[1]
Editor's Note: So in original. Probably should read "by."
Regular elections for the election of Council Members shall
be held on the first Monday in October in even years. Notice of the
time, place and hours of voting shall be given by publication in some
newspaper of general circulation in the City of Fruitland at least
two (2) weeks prior to the date of such election, and at least one
(1) week prior to any run-off election. Three (3) Council Members
shall be elected in 1974 and every fourth (4th) year thereafter. Two
(2) Council Members shall be elected in 1976 and every fourth (4th)
year thereafter. In the event that the Board of Supervisors of Elections
reports that a tie vote between two (2) or more candidates has resulted
in its inability to declare one (1) or more candidates elected, then
there shall be a run-off election between said candidates who are
tied with the high vote recipient to be declared elected. Such run-off
elections shall be held two (2) weeks after the original regular election
which resulted in the tie.
The City Council shall designate, by resolution, the polling
place or places (which must be within the City limits) and the times
at which the same shall be open for voting (which times must be between
7 a.m. and 8 p.m., and shall in no event be less than six (6) hours),
at least two (2) weeks prior to the date of such election in the case
of a regular election and at least one (1) week prior to a run-off
election as aforesaid. In the event that the City Council fails or
refuses to so designate the polling place or places and hours of operations,
then the polling place shall be the Fruitland City Hall and the hours
of operation for voting shall be between the hours of 7 a.m. and 8
p.m.
Any special election or referendum required by the provisions
of this Charter shall be held at such time and place as the City Council
shall provide; and notice thereof shall be given in the same manner
as for any regular election, subject to those changes set out in Section
4-7, and in addition, such notice shall state the purpose of said
special election and who is eligible to vote therein.
Any person possessing the qualifications for Council Member
may file a Certificate of Candidacy with the Board of Supervisors
of Elections. Such Certificate shall be filed at least twenty-eight
(28) days prior to the date of election. Such Certificate shall be
filed under oath and shall be on a form prepared by the Board of Supervisors
of Elections. The names of all persons whose Certificates of Candidacy
have been properly filed shall appear on a printed ballot or on the
voting machines in alphabetical order. The full name of each candidate
shall appear on the ballot or machine without nickname or political
affiliation. A facsimile of the official ballot shall be posted outside
each polling place and shall be published in a newspaper of general
circulation in the City before each City election. A candidate may
withdraw his Certificate of Candidacy within seven (7) days after
the last filing date, but the names of all persons then remaining
shall appear on the official ballots or voting machine.
The City of Fruitland shall keep a record of all its Council
Members, which record shall state:
