Every person who is a citizen of the United States, is at least 18 years of age, is a resident of the city and is registered in accordance with the provisions of this Charter shall be a qualified voter of the city. Every qualified voter of the city shall be entitled to vote at any or all city elections.
[Amended 2-14-2011 by Charter Res. No. 2011-1]
A. 
There shall be a Board of Supervisors of Elections consisting of five (5) members, who shall be appointed by the Mayor with the approval of the Council on or before the first Monday in March in every odd-numbered year with a term of two (2) years. Members of the Board shall be qualified voters of the City and shall not hold or be candidates for any elective office during their term of office. Any Board member may be removed for good cause by the Mayor and City Council. The Board shall appoint one (1) of its members as Chairman. 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 Resolution of the Council.
B. 
The Board shall be in charge of all City elections, registration of voters and nomination of candidates. The Council may appoint election clerks or other employees to assist the Board in any of its duties.
C. 
The Board shall be authorized to promulgate rules and regulations to implement the provisions of the Charter and Code for the conduct of City elections.
The Clerk shall not be a candidate for any elective office during his or her appointment as Clerk.
The Clerk shall give at least 21 calendar days' notice of every election by an advertisement published in at least one newspaper of general circulation in the city and by posting a notice thereof in some public place or places in the city.
[Amended 2-14-2011 by Charter Res. No. 2011-2]
Qualified persons shall be considered to be registered to vote in City elections if the qualified voter is included on the statewide voter registration list at an address within the City's corporate limits. All qualified persons wishing to register to vote shall do so at the Carroll County Board of Elections as provided for in State Law. Registration shall close four (4) weeks prior to the date of the election.
Any qualified citizen registered to vote is entitled to vote in all municipal elections by absentee ballot. The city shall, by ordinance, provide the procedures for such voting.
[Amended 2-14-2011 by Charter Res. No. 2011-3]
If any person shall feel aggrieved by an action in refusing to be registered to vote or in striking the name of any person from the voter list or by any other action, such person may appeal such decision to the Board of Election Supervisors. The decision of the Board of Election Supervisors upon such appeal may be further reviewed by filing a petition for appeal in the Circuit Court for Carroll County within 10 days of the decision of the Board of Election Supervisors, but in no event may such a petition be filed less than 20 days prior to the election.
[Amended 2-14-2011 by Charter Res. No. 2011-4]
Qualified persons who meet the requirements of the Charter may be nominated for elective office in the City by filing a certificate of nomination with the Clerk and complying with the filing requirements of the City's Ethics Ordinance.[1] A certificate of nomination shall state the candidate's name, address, date of residency, a certification that the candidate is a registered voter in the City and has complied with all requirements of the City's Ethics Ordinance.
[1]
Editor's Note: See Ch. 16, Ethics.
Regular city elections shall be on the first Monday in May of every other year beginning in May 1989.
[Amended 3-12-2001 by Charter Res. No. 2001-3]
A new Council shall be elected every two years. The terms of office for Councilpersons shall be for four years, but the election shall be staggered so that approximately half the Councilpersons are elected each time. Those Councilpersons in office at the time this provision takes effect shall continue to serve for the balance of the term for which they were elected. Beginning with the election in May 1987, and every four years thereafter, two Councilpersons shall be elected for terms of four years each. Beginning with the election in May 1989, and every four years thereafter, three Councilpersons shall be elected for terms of four years each. The terms of Councilpersons shall run four years beginning with the second Monday in May following election, except in the case of a Special Election, in which case the terms of Councilpersons shall run four years beginning with the second Monday of June following the Special Election.
[Amended 2-14-2011 by Charter Res. No. 2011-5]
It shall be the duty of the Clerk to provide for each special and general election a suitable place or places for voting and suitable ballot boxes and ballots and/or voting machines. The ballots and/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. No write-in votes shall be permitted. The polls shall be open from 7:00 a.m. to 7:00 p.m. on election days.
[Amended 2-14-2011 by Charter Res. No. 2011-6]
All special elections shall be conducted by the Board of Election Supervisors in the same manner and with the same personnel, as far as practicable, as regular City elections.
[Amended 3-12-2001 by Charter Res. No.2001-2; 2-14-2011 by Charter Res. No. 2011-7]
Within 12 hours after the closing of the polls, the Board of Election Supervisors shall determine the vote cast for each candidate or question and shall record the result in the minutes of the Council. The candidate for Mayor with the highest number of votes in the general election shall be declared elected as Mayor. The required number of candidates for Councilperson with the highest number of votes in the general election shall be declared elected as Councilpersons. If any number of candidates for Mayor and Council receive an equal number of votes in the highest amount in the general election, there shall be a special election between the tied candidates on the first Monday in June, following all election requirements of Article 5 of the Taneytown City Charter. If during the Special Election, another tie vote results, the Council shall vote to decide the election, which vote shall be the final vote. Incumbents will remain in office until a candidate is declared elected.
All ballots used in any city election shall be preserved for at least six months from the date of election.
A. 
Mayor. In case of a vacancy in the office of Mayor for any reason, the Mayor Pro Tem shall become Mayor for the remainder of the unexpired term. The Council shall then elect some qualified person to fill the vacancy on the Council for the remainder of the unexpired term.
B. 
Council.
(1) 
In case of a vacancy on the Council for any reason, the Council shall appoint some qualified person to fill such vacancy for the remainder of the unexpired term.
(2) 
Procedure. Any vacancies on the Council shall 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.
The Council shall have the power to provide by ordinance, in every respect not covered by the provisions of this Charter, for the conduct of registration, nomination and city elections and for the prevention of fraud in connection therewith and for a recount of ballots in case of doubt or fraud.
[Added 3-12-2007 by Charter Res. No. 2007-5]
No person shall canvass, electioneer or post any campaign material, or other handouts of any kind, in any polling place, or on or about any public property or private property open to the public, that is within a radius of 100 feet from any entrance and exit of the building where ballots are cast.
Any person who willfully and with the intent to defraud fails to perform any duty required of him or her under the provisions of this article or any ordinances passed thereunder; in any manner willfully or corruptly with the intent to defraud violates any of the provisions of this article or any ordinances passed thereunder; or willfully or corruptly does anything which will affect fraudulently any registration, nomination or city election shall be deemed guilty of a misdemeanor. Any officer or employee of the city government who is convicted of a misdemeanor under the provisions of this section shall immediately upon conviction thereof cease to hold such office or employment.
[Added 4-11-2016 by Charter Res. No. 2016-1]
The Mayor and or Councilperson may be removed from office as follows:
A. 
Absence. If an elected official fails to attend three (3) consecutive meetings, without being excused by a majority vote of the City Council, which may be given provided that prior notice of the absence was given to the Mayor and City Council in writing. Said position shall be considered immediately vacant, and filled pursuant to the provisions of the Charter.
B. 
Just Cause. An elected official may be removed from office for Just Cause by a majority vote of the City Council, after the Council issues a written charge or charges expressing Just Cause, which shall consist of a violation of criminal law, Federal or State law, County codes and regulations, the City's ethics law, or provisions contained in the City's Charter or Code, and holds a public hearing on the matter. Such action is not subject to the veto power of the Mayor, but the Mayor may vote to break a tie.
C. 
Recall. Any elected official, after having been censured by an act of the Mayor and Council, may be petitioned for recall and removed from office for any reason by the qualified voters of the City of Taneytown, in accordance with the following provisions.
(1) 
Recall Petition.
(a) 
No Recall Petition shall be filed against any person until that person shall have been in office for at least three (3) month.
(b) 
A Recall Petition shall only address one (1) elected official.
(c) 
A Recall Petition shall: (1) set forth the Act of Censure taken by the Mayor and City Council; (2) contain any additional reasoning for Recall; (3) shall be signed by not less than (20%) twenty percent of the qualified registered voters of the City; and (4) shall request a Recall Election to be held for said office holder.
(d) 
The petition shall be filed with the City Clerk.
(e) 
Upon receiving a Recall Petition the City Clerk shall immediately notify the Mayor and Council that a Recall Petition has been filed. Within (15) fifteen days of the filing of the Recall Petition, the Clerk shall have ascertained whether the Recall Petition is signed by the requisite number of the registered voters of the City, and shall attach a dated certificate stating the results of the examination and whether the Recall Petition meets the requirements of this section. This certification shall be forwarded to the Mayor and Council of the City of Taneytown.
(f) 
If the certificate shows the Recall Petition does not meet the requirements of this Section the Clerk shall send a written notice of this fact to the individual who filed the Recall Petition.
(g) 
If the certificate shows the Recall Petition meets the requirements of this Section, the matter shall be placed on the agenda by the Mayor at the next regularly scheduled business meeting, if such a meeting is scheduled to occur within (15) fifteen days of the date of certification. If the next regularly scheduled business meeting is scheduled (16) sixteen or more days from the date of certification a special meeting shall be scheduled within (15) days of the date of certification, to take action on the Recall Petition to set the date of the Recall Election.
(2) 
Recall Election.
(a) 
The Recall Election shall be conducted in all respects not otherwise addressed by this Section, as other City Elections.
(b) 
One qualified voter in favor of the recall of the individual elected official and one qualified voter opposed to the recall of the individual elected official, shall have the right to be a poll watcher in the polling room. The poll watches shall not impede the flow of voters within the polling location. The Clerk will provide a seat for the poll watchers, at a location selected by the Clerk. The poll watchers shall not politic for or against the elected official. The poll watcher shall not be an elected official or individual subject to the recall vote. The poll watchers shall register with the City Board of Election Supervisors no later than seven (7) days prior to the date of the Recall Election. The first qualified voter to register as a poll watcher for each side shall be entitled to be the poll watcher. The poll watcher shall not interfere with, or interact with the election judges, staff or voters,. The Clerk has the authority to remove the poll watcher from 1he polling location for any of the above violations.
(c) 
The elected official whose Recall is sought shall continue to serve in office pending the results of the Recall Election, but shall not participate in any discussions or actions related to the Recall.
(d) 
The Recall Election ballot shall read: "Shall (name of official) continue in the office of (insert official name) of The City of Taneytown? Following this question shall be the words "Yes" and "No" which the voter shall use to vote for or against Recall.
(e) 
Results of the election. The question of Recall shall be decided by a simple majority of votes cast. If a majority of votes cast is in favor of Recall, the elected official's term of office shall immediately terminate upon the certification of the election. If the majority of votes cast are not in favor of Recall, the elected official's term shall continue unaffected.
(f) 
The successor of any elected official removed by Recall shall be selected as provided by this Charter. A person recalled from office shall not be appointed to fill the vacancy so created.