[Amended 11-14-2016 by Res. No. CR-02-2017]
(a)
There shall be a Board of Elections consisting of 10 members who shall be appointed by the Mayor with the approval of the Council on or before the first Monday in February of the year immediately preceding a regular City election. Except as provided in Subsection (c) of this section, the Mayor may fill a vacancy on the Board caused by the departure of a member by resignation or otherwise and such person's term shall begin upon his or her appointment and continue until the last day preceding the first Monday in February of the year preceding a regular City election.
(b)
The terms of members of the Board of Elections appointed under Section
701(a) shall begin on the first Monday in February in the year in
which they are appointed and run for four years.
(c)
Notwithstanding the provisions of Subsection (a) of this section, if there exist any vacancies on the Board of Elections within six months of a regular election, or at any point prior to a special election, the City Council shall appoint as many citizens as are required to ensure a complement of 10 members. The Council shall appoint a minimum of two representatives who reside in each ward and have been nominated for appointment by their respective Councilmember. The term of any person appointed by the City Council to fill a vacancy shall begin upon such person's appointment and continue until the last day preceding the first Monday in February of the year preceding a regular City election.
(d)
Members of the Board of Elections shall be qualified voters of the
City pursuant to Section 702 of this Charter. The Board shall appoint
one of its members as Supervisor of the Board, and another as Assistant
Supervisor of the Board of Elections; the other eight members shall
be known as judges. No member of the Board shall hold or be a candidate
for any elective office during his or her term of office. Vacancies
on the Board 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 shall be determined by the Council.
Every person who meets all the following requirements may vote
in City elections:
(a)
Is a citizen of the United States;
(b)
Is at least 18 years of age;
[Amended 11-14-2016 by Res. No. CR-01-2017; 12-11-2017 by Ord. No. CR-03-2018]
(c)
Has resided within the corporate limits of the City for the 30 days
immediately preceding the next City election; and
(d)
Is registered in accordance with the provisions of this Charter.
(a)
Registration by the Prince George's County Board of Elections shall
be deemed registration for City elections, provided that the person
so registered meets the voter qualifications enumerated in this Charter.
The Glenarden Board of Elections shall accept the list of registered
voters provided by the Prince George's County Board of Elections as
a valid registration list for the City.
(b)
City registration forms shall be made available at the Municipal
Center during normal business hours for any Glenarden resident who
chooses not to register with Prince George's County. If necessary
for the performance of registration or the convenience of the citizens
of the City, the Mayor may designate specific days as registration
days.
(c)
Each person who is qualified to vote pursuant to Section 702 of this
Charter and who registers in the City, shall be issued a City voter
identification card showing his or her name and address with signature.
(d)
The Glenarden Board of Elections shall maintain a supplemental voting
list of persons who register to vote in the City. It shall be the
duty of the Glenarden Board of Elections to keep the supplemental
registration lists up to date in accordance with state law. 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.
(e)
No person shall be entitled to vote in a City election unless he
or she is duly registered to vote at least 30 days prior to that election.
Registered voters whose residency changes from one ward to another
ward during the 30 days prior to an election shall be entitled to
vote in their old ward only.
[Amended 1-14-2013 by Res. No. CR-04-2013]
Any qualified voter registered to vote in the elections of the
City of Glenarden who may be unavoidably absent from the City or who
is otherwise prevented from being present and personally voting at
the polls on any municipal election day is entitled to vote by absentee
ballot in a manner prescribed by ordinance.
Any person desiring to become a candidate for Mayor or Councilmember
shall, at least 30 days before election, file or cause to be filed
with a member of the Board of Elections a petition stating that he
or she is a candidate for the office, which petition shall be signed
by such candidate and endorsed by at least 15 persons entitled to
vote in the next City election. Upon the filing of such petition,
the candidate shall pay a fee to the Board of Elections. The filing
fee shall be set from time to time by ordinance of the Council and
shall be the same for all candidates. The Board shall certify candidates
for the regular City election at least 25 days prior to the date set
for such election. No person shall file for nomination to more than
one elective City public office or hold more than one elective City
public office at any one time.
[Amended 1-14-2013 by Res. No. CR-02-2013; 3-11-2013 by Res. No. CR-05-2013]
An election for Mayor and Councilmembers, under this Charter,
shall be held on the first Monday in May, in the year 2013, and on
the same day and month in every fourth year thereafter.
[Amended 1-9-2017 by Res.
No. CR-06-2017; 10-10-2017 by Ord. No. CR-01-2018; amended 11-9-2020 by Res. No. CR-02-2021]
(a)
Beginning with the election in May 2021 a voting district or ward
system shall be utilized within the City to elect one Councilmember
for each of the three wards. Four Councilmembers and the Mayor shall
be elected at large.
(b)
Three individual councilmanic districts/wards are hereby established
within the City and the number of Councilmembers elected to represent
each ward shall be as follows:
(c)
The boundaries of the three wards shall be as follows:
(d)
In addition to the residency requirement in Section 302 of this Charter,
the following residency requirements prevail for ward candidates:
(1)
A candidate shall have resided in the ward from which he or
she is to be a candidate for at least 90 days.
(2)
A change of residence from one ward to another does not negate
the representation from the previous ward until the next regular or
special election.
(3)
In the event of dual residence, a person may be a candidate
from only one ward.
(4)
A candidate may only be elected to represent the ward in which
he or she resides.
It is the duty of the Board of Elections to provide for each
special and general election a suitable place or places for voting
and voting machines. The voting machines for each ward shall show
the names of all councilmanic candidates nominated for elective office
from that ward, as well as the mayoral and at-large councilmanic candidates,
arranged in alphabetical order by office with no party designation
of any kind. The Board of Elections shall keep the polls open from
7:00 a.m. to 8:00 p.m. on election days.
(a)
All special City elections shall be conducted by the Board of Elections
in the same manner and with the same personnel, as far as practicable,
as City general elections.
(b)
In the event a special election is required pursuant to Section 710,
said special election shall be held 30 days after the general election
unless the 30th day falls on a Saturday, Sunday or legal holiday,
in which case the special election shall be held on the following
day.
(c)
Special elections required to fill vacancies in office pursuant to
Section 714 of this Charter shall be held 30 days from the date of
the vacancy, except where the 30th day falls on a Saturday, Sunday
or legal holiday, in which case, the special election shall be held
on the following day which is not a Saturday, Sunday or legal holiday.
(d)
The Mayor or Councilmember elected pursuant to this section shall
take office in the month following the special election at the first
regular or special meeting of the Council.
(e)
The vote count for a special election for Mayor or Councilmember
shall be the same as provided under Section 710 of this Charter.
(a)
After the closing of the polls, the Board of Elections shall determine
the votes 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.
(b)
The candidate for Mayor with a majority of the votes cast in the
general election for this office shall be declared elected as Mayor.
In the event no candidate for Mayor receives a majority of the votes
cast in the general election, there shall be a special election between
the two candidates who receive the highest number of votes in the
general election; the candidate receiving the majority of the votes
cast in the special election shall be declared elected as Mayor.
(c)
The candidate for the at-large Council position who receives the
highest number of votes for the at-large position shall be declared
elected as at-large. If there are to be other candidates elected at-large,
then the candidate for the at-large position who receives the second
highest number of votes for the at-large Council position shall also
be declared elected for an at-large Council position. If there are
additional at-large Council positions to be filled, the above process
is to be continued until all the at-large positions for Councilmember
have been declared filled.
(d)
The candidate for each ward who receives the highest number of votes
for that ward shall be declared elected. If there is more than one
Councilmember position to be filled from either or all wards, then
the candidate with the next highest number of votes cast for that
ward shall be declared elected.
(e)
In the event of a tie between any candidates for an elected seat,
in which the tie has a bearing on who shall be declared elected, these
candidates will participate in a special election pursuant to Section
709.
All ballots used in any City election shall be preserved for
at least two years from the date of the election.
Any person who holds an elective office under this Charter who
during a term of office is convicted of or enters a plea of nolo contendere
to any crime which is a felony or which is a misdemeanor related to
the official's public duties and responsibilities and involves moral
turpitude for which the penalty may be incarceration in any penal
institution shall be suspended from office and the office shall be
filled in accordance with the Constitution and laws of Maryland and
the provisions of this Charter.
(a)
Existence of vacancy. A vacancy in the office of Mayor or Councilmember
shall exist upon the death, resignation, recall, or removal of the
official or upon forfeiture of the office by the official in accordance
with the provisions of this section.
(b)
Resignation. In the event the Mayor or a Councilmember has reason
to believe that he or she will be unable to perform the duties of
the office as required by this Charter, he or she shall have the right
to submit a written resignation. Upon the acceptance of such resignation,
the Council shall, by resolution, declare the office vacant and proceed
to fill such vacancy pursuant to the applicable provisions of this
Charter.
(c)
Recall. The Mayor or a Councilmember may be recalled from office
for specific failure to properly perform the duties of the office
in accordance with the following procedure:
(1)
A petition, signed by not less than 25% of the registered voters
of the City, for officials elected at-large, or by not less than 25%
of the registered voters of the ward, for officials elected by ward,
shall be presented to the Council at a regular Council meeting. The
petition shall state the name and office of the official to be recalled
and the justification for the recall. A separate petition shall be
required for each official for whom recall is sought.
(2)
Upon receipt of a petition to recall an official, the Council
shall refer the petition to the Board of Elections for verification
of the appropriate number of registered voters' signatures. The Board
of Elections shall return the petition with written findings to the
Council at the next regular Council meeting. At this meeting, if the
Board of Elections has authenticated the petition, the Council shall
set a date for a special election to be held within 60 days providing
for a vote for or against the recall. In the case of a petition to
recall an official elected to represent a ward, only voters registered
to vote in that ward shall be eligible to cast votes at the special
election.
(3)
If the majority of the votes cast at the special election are
for the recall, the office shall be declared vacant.
(d)
Removal of Mayor or a Council member. If the Mayor or a Council member
fails to exercise the duties of office for a period of 90 consecutive
days, the Council by a five-sevenths vote of its membership may adopt
a resolution declaring the office of Mayor or Council member to be
vacant because of the failure of the Mayor or Council member to perform.
Any such vacancy shall be filled pursuant to Section 714 of this Charter.
[Amended 9-8-2008 by Res. No. CR-02-2009]
(e)
Forfeiture of office. Any person holding elective office under this
Charter shall immediately forfeit the office if the person ceases
to be a resident of the City. Any person who has claimed a principal
residence outside of the corporate limits of the City of Glenarden
in filings with the State of Maryland, including as part of an application
for the homestead tax credit, is not a resident for purposes of this
section for the time period claimed.
[Amended 5-13-2013 by Res. No. CR-06-2013]
(a)
Mayor. In the case of a vacancy in the office of Mayor as provided
in Section 713, the vacancy shall be filled in the following manner:
(1)
Where there are less than 90 days remaining in the unexpired
term of Mayor, the President of the Council shall serve as Mayor until
the expiration of the term of office, and the Vice President of the
Council shall become President of the Council. The seat of the former
President of the Council shall be declared vacant, to be filled pursuant
to Subsection (b) of this section. After selection of a new Councilmember
pursuant to this section, the Council shall select a new Vice President
from among its members.
(2)
Where there are more than 90 days remaining in the unexpired
term of Mayor, the Council shall by resolution, adopted by the affirmative
vote of a majority of its membership, set a date and time for a special
election to fill such vacancy in a manner prescribed by Section 709
of this Charter. The Mayor so elected shall have all the titles, powers,
duties and emoluments of that office.
(b)
Council. If a vacancy occurs on the Council the vacancy shall be
filled in the following manner:
(1)
When there are less than 90 days remaining in the unexpired
term, the remaining members of the Council, within 30 days of the
vacancy, shall select a resident to fill the unexpired term. This
appointment shall be effective immediately. All qualifications of
office contained in Section 302 and Section 707(d) of this Charter
shall pertain to a Councilmember appointed to fill a vacancy under
this section.
(2)
In all other events, the Council shall cause to be held a special
election as prescribed in Section 709 of this Charter to fill the
vacancy.
The Council has the power to provide by ordinance in every respect
not covered by the provisions of this Charter for the conduct of registration,
nomination, and 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 (a) fails to perform any duty required of him
or her under the provisions of this article or any ordinances passed
hereunder, (b) in any manner willfully or corruptly violates any of
the provisions of this article or any ordinance passed hereunder or
(c) willfully or corruptly does anything which will or will tend to
affect fraudulently any registration, nomination, or election, shall
be deemed guilty of a misdemeanor. Any appointed officer or employee
of the City government who is convicted of a violation of the provisions
of this section shall immediately cease to hold such office or employment.
