[Amended 12-19-2019 by Ord. No. O-19-16]
A.
Appointment. Each member of the Board and the Town Clerk shall be
registrars. In addition, the Board may appoint additional persons
as registrars as it deems necessary, who are authorized to carry out
registration process for the Town supplemental voter list only.
B.
Powers of registrars. Each registrar shall have the power to:
(1)
Deliver registration applications to persons who request them;
(2)
Accept registration applications, either in person or by mail, and forward them to the Board for qualification under § 22-17;
(3)
Explain the registration process to those who inquire; and
(4)
Keep the peace, preserve order, and enforce obedience to their commands
at and around places of registration. A registrar is authorized to
keep access to places of registration open and unobstructed and to
prevent any improper practices at or around places of registration.
[Amended 6-17-2010 by Ord. No. O-10-10]
B.
Persons additionally entitled to register. In addition to the persons entitled to register to vote pursuant to Subsection A of this section, persons who are at least 17 years of age and will be at least 18 years old on or before the next Town election and who, except for their age, are qualified to vote in Town elections shall be entitled to register to vote.
[Amended 6-17-2010 by Ord. No. O-10-10; 12-19-2019 by Ord. No. O-19-16]
A.
Disqualification to register to vote. A person is not qualified to
be registered as a voter if the individual:
(1)
Has been convicted of a felony and is currently serving a court-ordered
sentence of imprisonment for the conviction;
(2)
Is under guardianship for mental disability and a court of competent
jurisdiction has specifically found by clear and convincing evidence
that the individual cannot communicate, with or without accommodations,
a desire to participate in the voting process; or
(3)
Has been convicted of buying or selling votes.
B.
Investigation. A registrar is not required to conduct a criminal
background check or any other investigation into the reasons for possible
disqualification from registering, unless the registrar is presented
with sufficient information which would lead a reasonable person to
conclude that the applicant may be subject to disqualification.
[Amended 6-17-2010 by Ord. No. O-10-10; 12-19-2019 by Ord. No. O-19-16]
A.
Qualified residents of the Town may register to vote in Town elections
through the universal registration system, which provides registration
for federal, state, county and Town elections.
B.
Application forms for the Maryland universal registration system
are available online, at the U.S. Post Office and at Town Hall.
C.
A voter may apply to register to vote or update the voter's universal
registration record when the voter applies for, renews or updates
his or her driver's license or identification card with Maryland Motor
Vehicle Administration.
D.
Universal registration is a system administered by the state through
the county in which the voter resides. The Chesapeake Beach Board
of Elections does not administer the universal registration system.
[Amended 6-17-2010 by Ord. No. O-10-10; 6-16-2016 by Ord. No. O-16-5; 12-19-2019 by Ord. No. O-19-16]
A.
There is a Town supplemental voter list administered by the Board.
B.
Residents of the Town who are qualified to vote and who are not included
in the universal registration list may submit an application to be
included in the Town supplemental voter list.
D.
An application for inclusion in the Town supplemental voter list
shall be mailed to any person who requests one by the Town Clerk.
E.
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.
F.
Registration shall be by voter registration application on forms
approved by the Board. The registration forms used by Town registrars
shall require:
(1)
An affirmation of the applicant, under the penalties of perjury,
that the information contained in the registration application is
true and that the applicant meets all of the qualifications to become
a registered voter;
(2)
The full legal name of the applicant;
(3)
The address of the residence of the applicant; and
(4)
The date of birth of the applicant.
G.
For Town registration applications:
(1)
If the applicant is unable to sign his or her name, an "X" or similar
mark shall be accepted instead of a signature.
(2)
If the applicant is unable to make a mark, then the requirement for
the signature or mark shall be waived.
(3)
If there is no signature, the reverse side of the application that
is retained as the office record shall bear a statement signed by
the person who assisted the applicant in filling out the voter registration
application, which states that the applicant is unable to sign his
or her name, that he or she qualifies for registration in Chesapeake
Beach, and that the information supplied on the application about
him or her is true.
H.
Voter registration applications shall be accepted when all information
required by the form has been correctly furnished by the applicant.
However, the voter registration application is not complete until
all information required by the Board has been correctly furnished
by the applicant. If the voter fails to supply the additionally required
information within 30 days after a request or within the period in
which registration is open. The Board may reject the application and
the applicant shall not be registered to vote.
I.
Town elections are conducted on a nonpartisan basis and no voter's
party affiliation will be recorded on the Town supplemental voter
list.
[Amended 6-17-2010 by Ord. No. O-10-10]
A registered voter shall inform the Board of any change in his
name or address or of any fact which would disqualify the voter from
voting in a Town election.
A.
When registration is closed. Registration to vote closes on the 21st
day preceding an election and remains closed until the 11th day after
that election. For those registering at Town Hall, the registration
will close at the conclusion of regular Town business hours on the
21st day preceding an election. For those registering through the
universal registration system, registration will close at the time
designated by state law.
[Amended 6-17-2010 by Ord. No. O-10-10]
B.
Receipt of applications after registration is closed. A voter registration
application received when registration is closed shall be accepted
and retained by the Board, but the registration of the applicant does
not become effective until registration reopens.
C.
Exceptions. A voter registration application that is received by
the Board after the close of registration shall be considered timely
received for the next election, provided:
(1)
There is sufficient evidence, as determined by the Board, that the
application was mailed on or before registration was closed for that
election; or
(2)
The application was submitted by a voter to the Motor Vehicle Administration,
the state's local election board, a voter registration volunteer,
a registrar, or a member of the Board, prior to the registration deadline.
[1]
Editor’s Note: Former § 22-14, Voter registration
volunteers, was repealed 12-19-2019 by Ord. No. O-19-16.
[Amended 12-19-2019 by Ord. No. O-19-16]
A.
Receipt of voter registration application in Town Hall. Completed
voter registration application forms shall be date stamped upon receipt
by the Board, a registrar, or the designee of either. Completed voter
registration applications shall be deemed to have been received when
actually received in Town Hall for the Board.
B.
Receipt by mail. A voter registration application which is received
in the mail by the Board or a registrar shall be considered timely
for registration for the next election, provided:
[Amended 6-17-2010 by Ord. No. O-10-10; 12-19-2019 by Ord. No. O-19-16]
A.
Instances where verification is required. An appropriate verification
inquiry shall be conducted in the following instances:
(1)
When the required information on the voter registration application
is incomplete;
(2)
When the information given on the voter registration application
form appears unclear or inconsistent;
(3)
When the voter registration application form appears to be an exact
duplicate of a registration already on file;
(4)
When the voter registration application form appears to be a duplicate
of an already registered voter, but indicates a change of name and/or
address; or
(5)
When it is uncertain, for any reason, what action should be taken
on the application.
B.
Citizenship. When a person presents himself for registration, his
citizenship status must be ascertained.
C.
Verification timely and appropriate. Verification inquiries shall
be conducted so as to permit timely and appropriate action on applications,
avoid needless rejections and in accordance with requirements of the
Town Charter and this chapter.
[Amended 6-17-2010 by Ord. No. O-10-10; 12-19-2019 by Ord. No. O-19-16]
A.
Qualification. The Board shall use its best efforts to qualify or
disqualify all applicants for registration within 10 days of its acceptance
of an application for registration. If an applicant is qualified,
that fact shall be indicated on the registration form and the applicant
shall be mailed a voter notification card on a form approved by the
Board.
B.
Hearing. If an applicant is disqualified, he or she shall be mailed
or given notice in writing stating the reasons for disqualification
and informing the applicant that he or she may request a hearing in
writing before the Board within 10 days of the notice of disqualification.
Hearings shall be conducted in the same manner as challenge hearings.
C.
Reapplication. Any applicant who has been disqualified for any reason
shall be permitted to reapply, but in no case shall any person have
more than one application for registration pending at one time.
No person can be entered as a qualified voter upon the registry
without the consent of a majority of the Board.
[Amended 6-17-2010 by Ord. No. O-10-10; 12-19-2019 by Ord. No. O-19-16]
A.
Registrations made through the Maryland universal registration system.
Any individual who feels aggrieved by any action of the local State
Election Board regarding voter registration for a Town election through
the universal registration system shall challenge that action through
the administrative complaint process provided by Maryland law. The
Election Board, or any individual member thereof, shall have the authority
to challenge such actions if they determine that an improper registration
would impact a voter's registration to vote in a Town election.
B.
Registrations made through Town processes. Any registration of a
voter through a registrar, a Board member or the Board, any disqualification
to register by the Board, or the removal of a person from the registry
by the Board shall be subject to challenge as set forth herein.
(1)
Filing a challenge to disqualify a voter. Any qualified voter of
the Town may file a challenge in writing and under oath, objecting
to the registration of any person believed not to be eligible to vote
and stating, to the best of the challenger's personal knowledge, the
basis for the challenge.
(2)
Filing a challenge to include a voter. Any qualified voter may file
a challenge asking for the addition of any person believed to have
been erroneously disqualified from registering or improperly removed
from the registry.
(3)
Timing of challenges. Challenges may be filed at any time, but shall
not be adjudicated if filed with the Board fewer than 15 days prior
to the next Town election. If filed fewer than 15 days prior to a
Town election, a challenge will be adjudicated after the election.
The adjudication of a challenge to registration shall not alter a
vote cast in any election or the results of an election contest.
(4)
Acceptance or rejection of challenge. Within 10 days of the receipt of the challenge, the Board shall conduct a hearing on the challenge according to § 22-20.
(5)
Challenges by the Board. The Board may act on its own initiative
to make a challenge, stating in writing its reasons therefor, and
to set the matter for a hearing.
[Amended 6-17-2010 by Ord. No. O-10-10]
Challenges set for hearing shall be public and held in Town
Hall before the Board. The person whose registration is the subject
of the challenge, and the person filing the challenge, shall both
be given at least five days' prior written notice by mail of the date,
time and place of the hearing. The person whose registration is the
subject of the challenge shall also be mailed a copy of the challenge.
Hearings shall be set and held so as to reasonably facilitate the
opportunity to vote, and the Board may shorten or waive the time and
notice requirements of this section to facilitate a person's opportunity
to vote. The burden of proof shall lie with the voter making the challenge
or, in the absence of a voter challenge, with the Board itself. The
person challenged shall be permitted to be represented by legal counsel
or a qualified voter. Decisions of the Board shall be in writing and
copies thereof shall be made available to the parties.
The registration records, known as the "registry," shall be
maintained by the Board in two separate and identical files or binders
under lock and key. One registration file shall be open to public
inspection to the extent permitted under the Maryland Public Information
Act.[1] One file shall be open only to the Board, except by order
of the Town Council or in response to a court order.
[1]
Editor's Note: See State Government Article of the Annotated
Code of Maryland, §§ 10-611 through 10-630.
[Amended 6-17-2010 by Ord. No. O-10-10]
A.
Approved applications. All approved and accepted voter registration
forms shall be retained and the requisite information incorporated
into the registry.
B.
Applications in the process of verification. All applications in
the process of verification shall be retained in a separate file,
pending final disposition.
C.
Rejected applications. All rejected applications, together with documentation
of notification of rejection, shall be retained in a rejection file.
D.
Duplicate applications. All applications identified as duplicates
will be retained in a duplicate file.
E.
Records. All registration records shall be maintained by the Board for a period of 20 years. Thereafter, records shall continue to be maintained until approval to destroy or otherwise dispose of the records is obtained by the Town Council of Chesapeake Beach and the office of the Maryland State Archives as set forth in § 22-6.
[Amended 6-17-2010 by Ord. No. O-10-10]
[Amended 12-19-2019 by Ord. No. O-19-16]
The Election Board shall withdraw the registration of any person on the Town supplemental voter list who has died or whom the Board has determined is no longer qualified to vote in Town elections under § C-601 of the Charter.
