[HISTORY: Adopted by the Mayor and Council of the Town of
Smithsburg as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Mayor and Council — See Ch. 68.
[Adopted 2-3-2004 as Ch. 7, Title 1, of the 2004 Code]
A.
Nominations for the offices of Mayor and member of the Council which
are filled pursuant to the provisions of Section 31-30 of the Town
Charter shall be made as follows: each candidate for election shall
file a declaration of intention of candidacy and shall meet the requirements
as set forth in the Town Charter as to qualifications.
B.
Certificates of nomination for the primary election shall be filed
under oath with the Town Clerk-Treasurer, acting for the Board of
Supervisors of Elections for the Town, during normal Town office hours,
on or before the first Monday in April next preceding the Town election
as called for in Section 31-31 of the Charter.
C.
Certificates of nomination for write-in candidates for a general
election shall be filed under oath with the Town Clerk-Treasurer,
acting for the Board of Supervisors of Elections for the Town, during
normal Town office hours, no later than 4:30 p.m. on the Wednesday
prior to that general election.
Each candidate for nomination for Mayor shall pay a filing fee
in the sum of $20, and each candidate for nomination for member of
the Council shall pay a filing fee in the sum of $10. All such payments
shall be made to the Town Clerk-Treasurer and shall accompany the
declaration. These sums are nonrefundable.
A.
If not more than six persons have filed as candidates for the office
of Councilperson, or not more than two persons have filed as candidates
for the office of Mayor, the primary election shall not be held for
that respective office.[1]
B.
In case of the absence of declared candidates for the office of Mayor
or member of the Council, the Town meeting called by the Mayor pursuant
to this section shall nominate qualified candidates who consent to
nomination for such office. Up to six such candidates for the office
of member of the Council may be nominated at a Town meeting without
conducting a vote to select up to six candidates for the general election.
Up to two such candidates for the office of Mayor may be nominated
at a Town meeting without conducting a vote to select up to two candidates
for the general election.
(1)
General election candidates for the offices of Mayor and member of
the Council may be nominated at a Town meeting called by the Mayor
for such purpose, to be held on the fourth Monday in April in every
even-numbered year.
(2)
The Mayor shall determine the place and hours for the holding of
such Town meeting and shall give notice thereof to the public during
the two-week period preceding such Town meeting by at least one publication
of notice thereof in a newspaper of general public circulation and
by such other means as he may elect. Such notice shall state the offices
to be filled at the ensuing general election; the place, date and
hours of the Town meeting for the nomination of candidates and who
is eligible to vote at such meeting; and the place, date and hours
of the general election.
(3)
The presiding officer at such Town meeting shall be the Mayor.
(4)
Nominations for the offices of Mayor and member of the Council, respectively,
shall be made only from among those qualified persons who have duly
filed declarations of intention of candidacy and have made timely
deposit of the required filing fee, except as provided in this section.
A.
B.
C.
Notice of primary and general elections shall be published at least
once during the two-week period preceding such election by at least
one publication of notice thereof in a newspaper of general public
circulation, by posting a notice in some public place or places in
the Town, and by such other means as the Mayor and Council may direct.
D.
Such notice shall state the offices to be filled at the ensuing election
and the place, date and hours of the election.
A.
In the event that the Mayor and Council designate more than one polling
place for Town elections, the Mayor and Council, by resolution, shall
subdivide the Town into two or more precincts as is deemed expedient
for the convenience of the voters. Said precincts shall be established
utilizing a written description and a map of their boundaries.
B.
Whenever the Town is subdivided into two or more precincts as provided in Subsection A, the Town Clerk-Treasurer shall provide for and cause to be prepared such additional sets of cards or loose-leaf pages or other forms as may be required for transcribing the names of registered voters transferred to such newly established precinct or polling place and to correct and transfer the registration forms or cards of the registered voters affected thereby.
C.
Whenever the Town is subdivided into two or more precincts as provided in Subsection A, the Town Clerk-Treasurer shall notify or cause to be notified the voters affected by the establishment of precincts by mail within 30 days after such change. A voter's registration may not be invalidated by the establishment of precincts, nor shall the right of any voter be prejudiced by any error in filing or in making out the list of voters and the assignment of said voters to a precinct.
Subject to the provisions of Section 31-24 of the Charter, the
Mayor shall appoint three citizens of the Town to the Town's
Board of Supervisors of Elections and shall direct the Town Clerk-Treasurer
to issue to them a commission authorizing them to conduct the elections
during their term of office in the manner herein set forth, to which
commission shall be annexed an oath, to be taken by the members of
said Board before a person duly authorized to administer oaths, that
they will faithfully and honestly discharge the duties of the Board
of Supervisors of Elections and shall permit all persons to vote who,
in their judgment, shall be qualified according to the law and ordinances
and will in all things execute the office of Board of Supervisors
of Elections to the best of their knowledge and ability and without
favor or partiality.
The Board of Supervisors of Elections may appoint one or more
persons as Clerk of Election; each such person shall be a qualified
voter of the Town, who shall qualify by taking an oath similar to
the Board of Supervisors of Elections oath and whose duty it shall
be to keep the poll books or lists containing a column headed "Number"
and another headed "Names of Voters"; all entries therein shall be
made in ink, and the name of each person who shall vote shall be entered
on each of the poll books by the Clerk having charge thereof, the
number of such voter being placed opposite his name in the column
headed "Number."
As soon as the Board of Supervisors of Elections shall open
the polls and immediately before any votes are received by it, it
shall examine the ballot box or voting system and see that no ballots
or votes are recorded or present therein, and the ballot box or voting
system shall then be locked or otherwise made secure and shall not
again be opened or unsecured until the closing of the polls at such
election.
The provisions of Sections 31-23 and 31-28 of the Charter shall
govern the qualifications of and the registration of voters. Persons
who are registered with the Washington County Board of Supervisors
of Elections may not be registered for the supplemental registration
list. If a person is so dually registered, that person's registration
for the supplemental registration list shall be transferred to an
inactive supplemental registration list. The inactive supplemental
registration list shall contain only the names of persons with such
dual registration.
At the hour designated for the closing of the polls, the Board
of Supervisors of Elections shall close the polls and refuse to receive
any votes of persons not in line to cast their votes at the time the
polls closed. Upon the completion of voting, it shall proceed forthwith
to canvass the votes cast, which canvass shall not be adjourned or
postponed until it shall have been fully completed. Each candidate
or a designated challenger for such candidate shall have the right
to be present and so near that they can see that the Board of Supervisors
of Elections and Clerk are faithfully performing their duties. As
the ballots are counted, they shall be secured so that a ballot may
not be counted again by accident, mistake or inadvertence in the initial
tally of votes.
When the canvass of the votes shall have been completed, the
Board of Supervisors of Elections shall deliver the results thereof
to the Clerk-Treasurer, who shall announce the total number of votes
received by each candidate and the number for and the number against
any proposition that shall have been voted upon, and the Clerk-Treasurer
shall announce and declare the name of the successful candidate for
any office and the success or failure of any proposition submitted
to the voters, and such proclamation shall be prima facie evidence
of the canvass of such ballots and the results of such election.
A.
Following its announcement of the results of the election, the Board
of Supervisors of Elections shall then forthwith proceed to make up
a statement of the results of the election, which statement shall
contain the total number of persons voting and the number of votes
found therein for each and every candidate, designating the office
for which they are given. Such statement shall be written or partly
written and partly printed. If any proposition has been submitted
to vote at such election, such statement shall show all votes cast
for or against such proposition.
B.
At the end of such statement shall be written a certificate that
the same is correct in all respects, which certificate and statement
or return shall be subscribed by the Board of Supervisors of Elections.
All expenses connected with the conduct of Town elections, including
the compensation of the Board of Supervisors of Elections and the
Clerks working the election, shall be paid out of the general funds
of the Town.
Any matter relating to elections which is not provided for in
the Town Charter or this Code or another ordinance shall be in conformity,
as nearly as may be practicable, with the general election laws of
the state, as determined by resolution of the legislative body or
by the Mayor if there is insufficient time in which to present such
matter to the legislative body.
[Adopted 12-6-2011 (Ch. 7, Title 2, of the 2004 Code)]
A candidate shall name a treasurer who shall be responsible
for receiving and disbursing all campaign funds. The nomination of
the treasurer shall be on a form provided by the Town Clerk-Treasurer
and shall be filed at the same time as the declaration of candidacy.
The treasurer's name must appear on all campaign material, advertisements,
etc. No other individual or group may spend money directly to aid
the candidate. The treasurer shall be someone other than the candidate.
Any candidate, in lieu of filing a campaign finance report as required under § 25-17 herein, may file an affidavit of limited contributions if the candidate wishes to declare that he will not receive contributions or make expenditures in the cumulative amount of $1,500 or more during the campaign. The Town Clerk-Treasurer will provide a form for this filing.
Any candidate receiving contributions or making expenditures
in the cumulative amount of $1,500 or more shall file campaign finance
reports in accordance with this section.
A.
Contents. The candidate's treasurer shall file a campaign finance
report on a form provided by the Town Clerk-Treasurer, which shall
include but not be limited to the following:
(1)
The date, name of individual making contribution and the amount of
the contribution for each contribution to the candidate's campaign.
(2)
The name of the contributor, the date thereof, and the nature of
the contribution for any nonmonetary contributions.
(3)
The identity of any person making a loan to the candidate's
campaign, the date thereof, and the amount of the loan and whether
the loan has been repaid or not.
(4)
The date, identity of the person paid and the amount of the payment
for each campaign expenditure.
(5)
A statement of any balance on and as of the date of report.
B.
Reporting. The report required under this section shall be filed
seven days before the third Monday in April accounting for all funds
received or expended up to seven days before that date. A second report
shall be filed by all candidates on the third Monday in May accounting
for all funds from the date of the previous report through the date
of the general election. The Town Clerk-Treasurer shall notify the
candidates 10 days before the report is due.
The following constitute prohibitions or limitations on contributions:
A.
No anonymous contributions shall be accepted by a candidate. Any
anonymous contributions shall be promptly paid over to the Town of
Smithsburg to be used for any lawful purpose.
B.
No candidate shall accept a contribution in excess of $1,500 from
any contributor, either an individual or other entity or organization.
Any violation of the above provisions of this article shall
be a municipal infraction pursuant to Title 6, § 6-101 et
seq., of the Local Government Article of the Annotated Code of Maryland,
and the violator may be ordered to pay a fine not exceeding $1,000,
and the State's Attorney for Washington County or the Town Attorney
is authorized to prosecute the same.
