Every person who, (1) is a citizen of the United States, (2)
is at least eighteen years of age, (3) is a resident of the Town,
and (4) 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. (Res.,
March, 1963, sec. 23; Res. September 24, 1971; Res. June 23, 1972;
Res. 6-90, October 5, 1990; P.L.L. 1963, sec. 27.)
There shall be a board 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 fourth even numbered
year. At the time of appointment, the mayor shall designate one member
as chairman. The terms of members of the board 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 elections shall
be qualified voters of the town and shall not hold or be candidates
for any elective office during their term of office. Vacancies on
the board of elections 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 of elections shall be determined by ordinance
or resolution of the council. (Res., March, 1963, sec. 24; Res. January
26, 1968; P.L.L. 1963, sec. 28; Res. R-07-3, 5-4-2007.)
Any member of the board of elections may be removed for good
cause, by a resolution of the town council. The council shall provide
the member to be removed with a written statement of the reasons for
removal and inform him of his right to a public hearing. The member
to be removed may request that the council conduct a public hearing
on the issue of removal, by making a written request for hearing and
delivering it to the town clerk within five days after his receipt
of the written statement of reasons for removal. Upon receiving a
request for a hearing, the council shall schedule a public hearing
within 30 days. At the hearing, the council shall allow the member
and the public to be heard on the issue of removal and may either
reconsider its earlier resolution of removal or sustain the removal.
(Res., March, 1963, sec. 25; P.L.L. 1963, sec. 29; Res. R-07-4, 5-4-2007.)
The board of elections shall be responsible for the administration
of all town elections, including the registration of voters, qualifying
declarations of candidacy, canvassing the votes, declaring and certifying
the results of elections, validation of petitions for referendum,
preparing and supervising voter education programs, conducting recounts,
adjudicating challenges and election contests, and enforcing the provisions
of Subtitle 6 of the Charter and the election ordinances of the Town
Council. The board may appoint election clerks or other employees
to assist it in any of its duties. (Res., March, 1963, sec. 26; P.L.L.
1963, sec. 30; Res. R-07-5, 5-4-2007; Res. CAR-19-2, 2-7-2020.)
The board 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 place or places in the town,
and such other places as they may deem necessary. (Res., March, 1963,
sec. 27; P.L.L. 1963, sec. 31; Res. R-07-6, 5-4-2007.)
No person shall be entitled to vote in town elections unless
he or she is registered as a Chesapeake Beach voter. Application for
registration shall be available through the Maryland universal registration
system or through direct application to the Town. It shall be the
duty of the board of elections to keep the Town supplemental voter
list up to date by striking from the list the names of persons known
to have died or who otherwise no longer meet the qualifications to
vote. Additionally, voters who are registered on both the universal
registration list and the Town supplemental voter list will be removed
from the Town supplemental voter list by the board. The council is
hereby authorized to adopt, by ordinance, any provisions necessary
to establish and maintain a system of Town registration. (Res., March,
1963, sec. 28; minutes of Commissioners' meeting of August 31, 1963;
Res. January 26, 1968; P.L.L. 1963, sec. 32; Res. R-07-8, 5-4-2007;
Res. CAR-16-2, 8-5-2016; Res. CAR-19-2, 2-7-2020.)
The board of elections shall be responsible for administering
and determining all election controversies, including challenges and
recounts. If any person is aggrieved by a final action or final determination
of the board of elections, such person may appeal to the Circuit Court
for Calvert County within thirty days of the action or decision. (Res.,
March, 1963, sec. 29; P.L.L. 1963, sec. 33; Res. R-07-9, 5-4-2007.)
A person eligible to hold public office in the town may declare
his or her candidacy by filing a written declaration of candidacy
with the town clerk, in the form required by ordinance. The town clerk
shall immediately forward the declaration to the board of elections.
To qualify as a candidate, a declaration of candidacy must be filed
at least fifty-six (56) days prior to the election. At least forty-nine
(49) days prior to the election, the board of elections shall certify
that each proposed candidate is eligible to hold public office and
upon such certification, the candidate shall be accepted. No person
shall be eligible to declare candidacy to more than one elective town
public office or hold more than one elective town public office at
any one time. (Res., March, 1963, sec. 30; minutes of Commissioners'
meeting of August 31, 1963; Res. January 26, 1968; P.L.L. 1963, sec.
34; Res. R-07-10, 5-4-2007; Res. CAR-19-2, 2-7-2020.)
On the Tuesday next after the first Monday in the month of November
in every fourth even numbered year, the qualified voters of the town
shall elect one person as mayor and six persons as councilmen to serve
for terms of four years. (Res., March, 1963, sec. 31; minutes of Commissioners'
meeting of August 31, 1963; Res. January 26, 1968; P.L.L. 1963, sec.
35.)
It shall be the duty of the board of elections to provide a
suitable place or places for voting, and suitable ballots in paper
or electronic form. The ballot scanner and/or voting machines, if
used, shall be those authorized by the council and may be electronic.
The ballots 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. Ballot questions and referendum matters shall
clearly identify the issue and required response. The council shall
regulate, by ordinance, the hours during which the polls shall be
kept open, but at a minimum they shall remain open during the hours
that polls are scheduled to be open for the general elections of the
State of Maryland. The council shall provide, by ordinance, the conditions
upon which the board of elections may keep a polling station open
for additional time. (Res., March, 1963, sec. 32; P.L.L. 1963, sec.
36; Res. R-07-11, 5-4-2007; Res. CAR-16-2, 8-5-2016; Res. CAR-19-2,
2-7-2020.)
All special town elections shall be conducted by the board of
elections in the same manner and with the same personnel, as far as
practicable, as regular town elections, unless otherwise provided
by the Town Charter or Code. (Res., March, 1963, sec. 33; P.L.L. 1963,
sec. 37; Res. R-07-6, 5-4-2007; Res. CAR-16-2, 8-5-2016.)
Within forty-eight hours after the closing of the polls the
board of elections shall determine the vote cast for each candidate
or question. Within seven days after poll closing, the board shall
complete canvassing of all provisional ballots, and then certify the
final results of the election to the town clerk who shall record the
results in the minutes of the council. The candidate for mayor with
the highest number of votes in the said election shall be declared
elected as mayor. The six candidates for town council with the highest
number of votes in the said election shall be declared elected as
town council members. An ordinance or part thereof that is the subject
of a referendum election will be decided by majority vote. (Res.,
March, 1963, sec. 34; P.L.L. 1963, sec. 38; Res. R-07-7, 5-4-07; Res.
CAR 4-10, 7-9-2010; Res. CAR-16-2, 8-5-2016; Res. CAR-19-2, 2-7-2020.)
The council shall establish, by ordinance, a system for preserving
the records of each election, including designating the time for which
records must be preserved. The board of elections shall supervise
the preservation of records and administer the system established
by the council. (Res., March, 1963, sec. 35; P.L.L. 1963, sec. 39;
Res. R-07-12, 5-4-2007.)
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 by [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.
(Res., March, 1963, sec. 36; P.L.L. 1963, sec. 40.)
Women shall have equal privileges with men in registering, voting,
and holding town offices. Whenever the masculine gender has been used
as to any registering, voting, or holding town office, it shall be
construed to include the feminine gender. (Res., March, 1963, sec.
37; P.L.L. 1963, sec. 41.)
The council shall have the power to provide, by ordinance, for
the regulation and administration of every aspect of town elections,
for the prevention of fraud in connection therewith, for a recount
of ballots in case of doubt or fraud, and for the enforcement of such
ordinances, consistent with the requirements of this charter. (Res.,
March, 1963, sec. 38; P.L.L. 1963, sec. 42; Res. R-07-13, 5-4-07.)
(Repealed.)
(Res., March, 1963, sec. 39; P.L.L. 1963, sec. 43; Res. R-07-14,
5-4-07.)
