[Amended 6-17-2010 by Ord. No. O-10-10; 6-16-2016 by Ord. No. O-16-5]
No person is permitted to engage in electioneering, or to campaign, distribute election-related materials, or post any campaign or referendum materials (including signs):
[Added 6-17-2010 by Ord. No. O-10-10; amended 6-16-2016 by Ord. No. O-16-5]
A.
Sign requirements. All signs relating to an election or to a candidate or referendum shall meet the following requirements:
[Amended 12-19-2019 by Ord. No. O-19-16]
(1)
Signs relating to an election or candidate or referendum shall comply with any Town ordinance generally regulating signs, including any requirement that the owner obtain a permit;
(2)
Signs relating to an election or candidate or referendum shall comply with the requirements of § 22-28 of this chapter relating to authority lines; and
(3)
Signs relating to an election or candidate or referendum shall not be placed on public property, except, on election day, signs not attached to public buildings or other improvements may be placed at a polling site in designated areas where electioneering is permitted, so long as such signs do not, in the judgment of the Board, obstruct the view of drivers passing or entering the polling site.
A.
Board members and judges. Each member of the Board shall serve as an election judge. In addition, the Board may appoint any persons qualified under Subsection B of this section to serve as election judges should it deem it necessary.
[Amended 6-17-2010 by Ord. No. O-10-10; 12-19-2019 by Ord. No. O-19-16]
B.
Qualifications for appointment. An individual can be appointed and serve as an election judge if the person:
[Amended 6-17-2010 by Ord. No. O-10-10]
C.
Oath. Each election judge shall take an oath of office, administered by a member of the Board, in the following form: "I, ____________________, do swear (or do affirm) that I will support the Constitution of the United States; that I will be faithful and bear true allegiance to the State of Maryland and support the Constitution and laws thereof; and that I will be faithful and bear true allegiance to the Town of Chesapeake Beach, Maryland, and support the Charter and laws thereof; that I will, to the best of my skill and judgment, diligently and faithfully, without partiality or prejudice, execute the office of election judge according to the Charter and laws of Chesapeake Beach; and that I will not directly or indirectly receive profits or any part of the profits of any other office during the term of my acting as an election judge."
[Amended 6-17-2010 by Ord. No. O-10-10]
D.
Duties. Except for the division of duties required by § 22-52, each election judge shall be responsible for supervising the activities in and around the polling place, opening the polls, closing the polls, voter identification and determining voting status, instructing voters, supervising the assistance of voters, maintaining and supervising the use of the voter registry/poll books, official ballots, specimen ballots, ballot boxes, ballot scanners, voting machines, voting booths, supervising challengers and official challengers, making challenges, determining challenges, maintaining decorum, and enforcing the provisions of the Charter and this chapter with respect to matters relevant to the election judge's duties as stated herein.
[Amended 12-19-2019 by Ord. No. O-19-16; 7-20-2023 by Ord. No. O-23-19]
E.
Arrival of judges prior to polls opening. On election day all judges shall arrive at polling place at least 1/2 hour before the opening of the polls. At least two Board members acting as election judges shall be present.
[Amended 7-20-2023 by Ord. No. O-23-19]
F.
In general, after the polls are opened, all election judges will remain at the polling place until the ballots have been cast and counted and the statement of vote completed. Exceptions shall be approved by an Election Board member.
[Amended 7-20-2023 by Ord. No. O-23-19]
G.
Removal. The Election Board shall promptly investigate each complaint it receives regarding the fitness, qualifications, or performance of an individual appointed to be an election judge under Subsection B of this section and shall remove any election judge so appointed who is unfit or incompetent for the office.
H.
Power of arrest. Each election judge has the authority to keep the peace, and to cause any person to be arrested who has committed any breach of the election laws or who has interfered with the conduct of the election or the counting of the ballots. It is not necessary that a majority of the election judges concur in the arrest; each judge has his or her own authority to order an arrest. It is the duty of all officers of the law to obey the order of any election judge to arrest a person who has interfered with the election or to prevent a person from interfering with the legal election processes.
A.
Division of duties. One election judge shall handle the registry (electronic poll books and/or paper copy), one judge shall handle ballots and voting machine (if used), one judge shall handle the ballot box and/or ballot scanner, and one judge shall handle provisional applications/ballots.
B.
Opening of the polls. Prior to opening of the polls, assigned election judges shall perform setup/inspection procedures (provided by county) for poll books, ballot scanner and/or voting machines as applicable. If a standalone ballot box is used, instead of or in addition to the ballot scanner, it shall be opened, inspected (to ensure it is empty) and then locked. After inspection of the ballot box, ballot scanner and/or voting machines, the sealed package of ballots is then to be opened.
C.
Casting the ballot. The registry judge shall mark registry and initial the voter authority card. The ballot judge shall initial the voter authority card when issuing ballot or allowing a voter to use voting machine. The ballot box judge shall initial and retain the voter authority card when voter places his or her completed ballot into ballot box or ballot scanner.
Even though a person may be on the voter registry of the Town, such person may not vote unless he is a qualified voter. The Board may require any person who comes to the polls to vote at any election to furnish identification and proof that such person is a citizen of the United States, is a resident of the Town, is at least 18 years of age, and that he is properly registered under the provisions of this chapter.
[Amended 6-17-2010 by Ord. No. O-10-10; 12-19-2019 by Ord. No. O-19-16]
A.
Signature requirement. When a voter applies to vote, he or she shall identify himself or herself by signing a voter authority card. The poll book prints out a voter authority card for each voter. If the poll book is not used the voter authority card shall be on a form designated by the Board and issued in numerical order.
B.
Change of address. If the voter has changed his or her address after registration, or after the last time he voted, that fact shall be disclosed to an election judges at the time the voting authority card is applied for. The election judges shall indicate the change of address and report that fact to the Board.
A voter may request instructions regarding the manner in which to mark a ballot. However, no election judge shall suggest in any way how such voter should vote on any particular question or for any particular candidate. If the voter has been given his or her official ballot and he or she requires additional instruction, the instructions may be given in the election booth or voting space, and after giving such instruction, the election judge shall leave the voting booth or voting space.
[Amended 7-18-2024 by Ord. No. O-24-11]
A.
Disability. A voter shall be permitted to receive assistance in voting at any election by reason of blindness, impaired vision, or other physical disability by which he or she is unable to read or mark the ballot without assistance, or to operate the scanner and/or voting machine, in order to vote.
B.
Voter assistance form. A voter who requires assistance shall execute a voter assistance form approved by the Board of Elections.
C.
Voter-selected person for assistance. If a voter requests assistance due to physical disability, an election judge or any person the voter may select shall accompany him or her to vote. The person selected by the voter or, as the case may be, one of the judges shall mark the ballot or operate the scanner and/or voting machine as such voter shall direct, the voter himself or herself naming one by one the candidates or questions for whom or which he or she desires to vote. The only assistance which is lawful for election judges to give such a voter is to mark the ballot or operate the voting machine as the voter shall direct. The person selected to assist the voter cannot be:
[Amended 6-16-2016 by Ord. No. O-16-5]
Each candidate shall have the right to designate a registered voter as an official challenger at each polling place. It is the duty of the election judges and the police to protect the official challengers in the discharge of their duty. The right to designate a challenger does not extend to a referendum issue or question included on the ballot.
[Amended 6-17-2010 by Ord. No. O-10-10]
An official challenger may be removed at any time by the candidate that appointed him.
[Amended 6-17-2010 by Ord. No. O-10-10; 12-19-2019 by Ord. No. O-19-16]
A.
Official challenger's rights. From the time the polls open until the time that they close, an official challenger's position is in the poll room, as close to the election judges as practicable, so that he or she can see every person who seeks to vote. From the time the polls close until the time the results of the election are received, the official challengers have the right to take such a position as will enable them to see everything that is done and how it is done, except that they may not enter a voting booth with a voter or enter the space within three feet of a person engaged in the process of casting a vote if such person is using a voting machine or device not enclosed within a voting booth.
B.
Prohibited acts. No official challenger may inquire into or ascertain for whom any voter desires to vote or has voted, or to confer in the polling room with any voter, or to assist him or her in the preparation of his or her ballot or in the operation of voting. It is the duty of the election judges to have such official challenger removed from the polling room whenever an official challenger does any of the above stated.
[Amended 6-16-2016 by Ord. No. O-16-5; 12-19-2019 by Ord. No. O-19-16
Persons other than official challengers, who desire to challenge the vote of any person inside the polling place, may be permitted by the election judges to enter the room to issue a challenge. Two or more election judges may limit the number of persons allowed in the room for such purpose, and any person who enters the room for such purpose must immediately leave the room once the challenge is decided. This section applies to both regular and special Town elections.
If an election judge knows or believes a person offering to vote is not the person registered, he must issue a challenge, if the person has not already been challenged.
[Amended 6-16-2016 by Ord. No. O-16-5; 12-19-2019 by Ord. No. O-19-16
A person who issues a challenge shall be required to state his or her reasons for the challenge. The challenger and the challenged voter shall be sworn and questioned. If a majority of the Board of Elections are of the opinion that the challenged voter is the person who was registered and is qualified to vote, his or her vote shall be received. If the challenge to a voter is sustained or Board members are not immediately available, the person seeking to vote shall be given the opportunity to apply for a provisional ballot.
[Amended 12-19-2019 by Ord. No. O-19-16]
The fact that a voter's name is wrongfully spelled on the registry, or that he or she has given a wrong initial or more initials than he or she has, or that one or more of his or her initials is omitted, or that he or she states his or her initials or given name in a different way from the way in which it is registered, or that there is an error in the number of his or her residence on the registry shall not affect his or her right to vote, as long as two or more of the election judges are satisfied that he or she is the person who did actually register, and that he intended to register his true name and residence.
[1]
Editor’s Note: Former § 22-64, Majority of judges necessary to receive challenged vote, was repealed 12-19-2019 by Ord. No. O-19-16.
A.
Poll hours. The polls shall be scheduled to be open and, subject to extensions as set forth in this section, shall be open from 7:00 a.m. to 8:00 p.m. on election day.
B.
Power of Board to extend hours. The Board shall have the power to increase the hours during which the polls are scheduled to be open upon a finding of exigent circumstances as defined in Subsection C of this section. The determination by the Board to alter the time when the polls are opened or closed shall be made by a majority vote of its members. Upon any determination to alter the time in which the polls shall remain open, the Board shall take all reasonable and prudent steps to announce the decision and let the public know of the extended hours.
[Amended 6-17-2010 by Ord. No. O-10-10]
C.
Exigent circumstances. Exigent circumstances supporting the Board's decision to alter the hours in which polling places remain open shall exist when:
(1)
The Board determines that the weather or other natural event, local or national emergency, insurrection, war, or other calamity creates conditions which would hinder a significant number of voters from reaching or voting at any or all of the polling places;
(2)
The Board determines that the Governor of Maryland or the United States has declared a state of emergency or martial law for the area in which any polling place is located;
(3)
The Board determines that the conduct of the elections, election processes, or the conduct of persons relating to the election is such that some or all voters were prevented from reaching the polls or validly exercising their right to vote; or
(4)
The Board receives official notice that a court of competent jurisdiction has ordered that the polls be opened early or closed later than the regularly scheduled hours.
[Amended 6-17-2010 by Ord. No. O-10-10; 12-19-2019 by Ord. No. O-19-16]
A.
Voters in line when polls close. All qualified voters who are waiting in line to vote when the polls are closed shall be permitted to vote.
B.
Unused ballots. Before opening the ballot box or activating the tallying function of any ballot scanner, any unused ballots are to be sealed by the election judges.
C.
Assigned election judges shall close the poll books and/or voting machines as applicable.
D.
Total persons voting. The total number of persons voting shall be announced as shown by the registers and absentee ballots, as well as an identification of the number of provisional ballots issued.
E.
Counting ballots.
(1)
With respect to ballots cast using ballot scanner an election judge, in the presence of at least one other election judge, shall perform the ballot scanner procedures (provided by the county) to close the polls.
(2)
With respect to paper ballots cast using a ballot box, upon opening the box, the election judges shall count all ballots cast. The separate votes shall then be counted. The election judges shall reject any ballots which are intentionally folded together. If there shall be any mark on the ballot other than designated place for the mark designating a vote, such ballot shall not be counted. No ballot shall be rejected solely because the voter has marked more names than there are persons to be elected to an office for a particular contest, or both for and against a proposition, but such ballots shall not be counted for any candidate in the group of names so marked, or for the proposition so marked.
F.
Rejection of ballots. All ballots that are rejected shall be preserved. All records, including envelopes, related to rejected ballots shall also be preserved.
[Amended 12-19-2019 by Ord. No. O-19-16]
As soon as the vote has been counted, an unofficial report of the vote shall be made and a statement thereof may be posted on the door of Town Hall. The statement will identify the number of absentee and provisional ballots received but not yet canvassed.
The Board shall publish and make available to the public copies of the complete election returns after the Board has certified the final results in accordance with the Town Charter.