The purpose of the election procedures contained in this chapter
is to ensure, subject to all of the provisions contained in this chapter
and applicable provisions of the Charter, that every voter shall be
entitled to exercise his or her right to vote; provide for and regulate
the conduct of elections in the Town of Snow Hill; and to protect
against fraud in connection with such elections.
The provisions of this chapter shall apply to all elections,
general, special, runoff and referendum.
As used in this chapter, the following terms shall have the
meanings indicated below:
BALLOT
The means by which a vote is cast. "Ballot" or "ballots"
include paper ballots, absentee ballots, provisional ballots or the
labels that appear on the face of a voting machine, whichever in context
is appropriate.
BUSINESS ENTITY
Any corporation, limited liability company, general or limited
partnership, sole proprietorship (including a private consulting operation),
joint venture, unincorporated association or firm, institution, trust
foundation or other organization, whether organized for profit or
not. As used in this chapter, the term "business entity" shall not
include a political committee registered with the Town.
CANDIDATE
Any person who seeks election to the office of Mayor or Councilperson
of the Town of Snow Hill.
CONTRIBUTION
A loan, transfer or promise of transfer of money, property,
use of property or any other thing of value (other than a "contribution-in-kind"
as defined herein) to any candidate or to any political committee
to promote the success or defeat of a candidate or of any matter or
issue which has been submitted to a vote at an election or is in the
process of being petitioned to referendum. For the purposes of this
chapter, volunteered services shall not be considered a "contribution"
unless they are professional services. Use of a personal phone, residence
or personal vehicle incident to the provision of volunteered services
exempt from regulation under this chapter likewise shall be considered
exempt from reporting or regulation hereunder.
CONTRIBUTION IN-KIND
A contribution of anything other than money or property,
for example, services.
ELECTION
The process by which the voters of the Town of Snow Hill
vote for Mayor or Councilperson, any Charter amendment, proposition
or question, and, unless otherwise indicated, shall include all elections,
general, special, runoff and referendum.
INDEPENDENT EXPENDITURES
An expenditure by a person or political committee that expressly
advocates the election or defeat of a clearly identified candidate
and that is not made in cooperation with or at the request of such
candidate, the candidate's political committee or their agents.
PERSON
Includes an individual or business entity.
POLITICAL COMMITTEE
Any combination of two or more persons which assists or attempts
to assist in any manner in promoting the success or defeat of a candidate
or of any matter or issue which has been submitted to a vote at an
election or is in the process of being petitioned to referendum, or
any group of individuals, including any civic association, acting
in concert for the same purposes to collectively make independent
expenditures that exceed $100 in a calendar year.
POLITICAL MATTER
Any pamphlet, circular, card, sample ballot, poster, billboard,
advertisement, button or any other printed, photographed, typewritten,
electronic or digital media or written material or statement relating
to any candidate or prospective candidate or any matter or issue which
has been submitted to a vote at an election or is in the process of
being petitioned to referendum.
PRACTICABLE
Capable of being done, effected, or put into practice with
the available means.
PROFESSIONAL SERVICES
Any service performed by a business entity, and any service
performed by a person or group of persons for which such person or
group of persons are compensated, and which requires specialized professional,
technical or administrative training or experience or experience in
a recognized skilled trade or craft. The term "professional services"
includes, but is not limited to, the services of attorneys at law,
public accountants, drafters, printers, photographers, graphic artists,
public relations experts and consultants.
PROVISIONAL BALLOT
A ballot used to record a vote when there is some question
in regards to a given voter's eligibility.
PUBLIC OFFICE
The office of Mayor or Councilperson, or other elected offices
of the Town of Snow Hill.
SUPERVISORS
The Town of Snow Hill Board of Election Supervisors.
VOTER'S ASSISTANT
A person other than the voter selected to assist the voter
in completing the absentee ballot and/or the absentee ballot application.
An assistant must be at least 18 years of age; cannot be a candidate
on the ballot; cannot be the voter's employer or an agent of
the employer; and cannot be an officer or agent of the voter's
labor union. The assistant must sign an affidavit swearing under penalty
of perjury that the voter has appointed him/her to act as the voter's
assistant in regard to completing an absentee ballot and/or absentee
ballot application, that he/she, in fact, provided assistance to the
voter in regard to completing the voter's absentee ballot and/or
application, that he/she in no way influenced the decision(s) of the
voter (either the decision to appoint the assistant or decisions as
to completion of the ballot), and that he/she completed the ballot
in a manner consistent in all material respects with the express instructions
of the voter.
The Board of Election Supervisors shall conduct all elections
held under this article in the Town of Snow Hill corporate limits
in accordance with the Charter and other provisions of this article.
Except where it would be impracticable, or as otherwise provided in
this article, the electoral process for general elections and special
elections shall be uniform.
All special Town 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 Town elections.
The Town Manager is authorized to receive, on behalf of the
Board of Election Supervisors, all petitions of candidacy, notices
of election contest, reports of appointment or resignation, campaign
finance or other reports and disclosures required to be filed under
the provisions of this chapter. Except as otherwise provided, all
reports, petitions or other documents so submitted shall be deemed
filed with the Supervisors when received by the Town Manager. All
such reports or filings shall be transmitted to the Board of Election
Supervisors without delay.
In any election conducted under this article:
A. All voting shall be done by absentee, regular or provisional ballot;
and
B. Only votes properly and validly cast by regular, absentee or provisional
ballot may be counted.
The Board of Elections Supervisors shall, in advance of each
election, certify the content and the format of each ballot to be
used in an election.
No person shall be denied the right to vote or seek election
for or hold public office in the Town for any unlawful and discriminatory
reason.
In accordance with all applicable Code and Charter provisions,
the Board of Elections shall count all qualified regular ballots,
absentee ballots, and provisional ballots in its custody, and shall
announce and publish the uncertified results of such count at the
closing of the polls. The official election results, however, shall
not be finalized and certified until the fourth Wednesday in May following
the election. Candidates shall be notified of the certified results
and all election results shall be posted at Town Hall and on the town
website. Between any announcement or publication of votes counted
by the Board of Election Supervisors and the final certification of
election results, the vote count shall remain non-final and subject
to change and, during such time, the Board shall count all absentee
ballots mailed and bearing a post mark on or before the election day
and received after the election day; hear and decide any timely appeals
or contests; act upon all provisional ballot applications; and take
any other action necessary to arrive at final and certified election
results on the fourth Wednesday of May following the election.
In the event of a tie vote in the election of Mayor and/or Council
member, a runoff election of the tied candidates shall be conducted
on the fourth Tuesday after the election. If, due to the date of a
special election, a runoff election would occur on a Town, state,
county or federal election day or holiday, the runoff election shall
be scheduled on a date which is not a holiday during the fourth week
following the election.
No person shall canvass, electioneer or post any political matter
in any polling place or within a one-hundred-foot radius from the
entrance and exit of the building where ballots are cast; provided,
however, that the Board of Election Supervisors may designate a specific
area within this radius for electioneering and the dissemination of
election-related information. The designation of such an area is permissible
only if it will not impede access to the polling place and will not
require any person to traverse the location in order to access the
polling place. Polling places and voting stations shall be frequently
cleaned to ensure the removal of candidate literature and paraphernalia.
No person shall willfully or knowingly impersonate another person
in order to vote, or vote or attempt to vote under a false name. No
person may vote more than once for the same candidate; vote for more
than one candidate for a particular office; vote more than once for
the same ballot question; cast more than one ballot in the same election;
or vote in more than one election district.
Effective July 1, 2007, if you have been convicted of a felony
and have completed serving a court-ordered sentence of imprisonment,
including any term of parole or probation for the conviction, you
are eligible to register to vote. You do not qualify to register to
vote if you have been convicted of buying or selling votes.
A person may not hinder or impede the conduct of the Election
Board by breach of the peace, disorder, or violence or threat of violence.
No one may fraudulently tamper with election records of any
kind, whether on paper or in any form, or interfere in any way with
the casting of a vote by a person who the Election Board member knows
is lawfully entitled to vote at an election.
An Election Board member or other election official may not
willfully and knowingly:
A. Make, sign, publish, or deliver a false certificate or statement
of the result of the election or any other false report of any kind;
or
B. Deface, destroy, or conceal any statement, tally, certificate, or
other document entrusted to the official's care and custody.
A person may not willfully:
A. Conceal, damage, or destroy voting equipment used or intended to
be used on the day of election; or
B. Remove voting equipment from the custody of the election judges or
other election officials.
A person may not remove, deface, or destroy equipment or supplies
placed in a polling place by election officials during an election.
A person may not make an electronic submission of a prescribed
form, affidavit, campaign finance report, or other document on behalf
of another person without that person's express consent.
Anyone who violates the sections of Article
I of this chapter will be found guilty of a misdemeanor, which is punishable by up to six months' imprisonment and no more than $1,000 fine.