[Amended 2-6-1989 by Res. No. 89-1; 4-16-1990 by Res. No. 90-1; 6-17-2002]
The election for all elective Town officers shall be held on
the first Monday of May of odd-numbered years at a place to be posted
in five public places, the locations of which shall be generally spread
throughout the Town; at least 10 days before said election. The polling
places shall remain open between the hours of 7:00 a.m. and 8:00 p.m.
or longer at the discretion of the Council.
[Amended 6-16-2020 by Res. No. 2020-01]
Every person shall be a qualified voter who (a) is a citizen
of the United States or, if not a citizen, is a lawful resident as
defined by US Citizen and Immigration Services to reside in the United
States (b) is at least 18 years of age on or before the date of the
Town election, (c) is a resident of the Town of Brentwood, (d) has
resided within the corporate limits of the town for one year (365
days) next preceding any Town election, (e) is a registered voter
in accordance with Section 506.2 of this Charter and (f) is not convicted
of an infamous crime as defined in Section 506.2.
The Board of Supervisors of Elections shall consist of a Chief
Election Judge, who shall serve as the Chairman of the Board of Supervisors
of Elections, and two Election Officials.
Section 502.1.
On or before March 1 in each and every
year that there is a regular Town election, the Mayor and Town Council
shall appoint one qualified voter of said Town, not holding any other
office thereunder, to serve as Chief Election Judge, who shall act
as registration official and judge of any election held during the
two years succeeding his appointment, and said Chief Election Judge
shall be authorized to administer oaths in the performance of his
duties hereinafter set forth. In case of a vacancy occurring in said
office of Chief Election Judge, the Mayor and Town Council shall appoint
a qualified person to fill said vacancy occurring in said office.
The Chief Election Judge shall receive such compensation as shall
be determined by the Mayor and Town Council for each and every day
he may be required to serve as judge of elections or as registration
official.
Section 502.2.
The Mayor and Town Council shall also
appoint two qualified voters of said Town, not holding any other office
thereunder, to serve as Election Officials for the two years succeeding
their appointment, to assist the Chief Election Judge in his duties
during the course of any election held during their term, and, at
the request of the Chief Election Judge, to serve as registration
officials, for the purpose of making convenient to the citizens of
the Town the opportunity to register to vote. The Election Officials
shall receive such compensation as shall be determined by the Mayor
and Town Council for each and every day they may be required to serve
as election officials for the purpose of registration or assisting
the Chief Election Judge in the conduct of elections.[1]
[1]
Editor's Note: Amended during codification.
Any member of the Board of Supervisors of Elections may be removed
for good cause by the Council, if in the judgment of the Council the
member is not properly performing or will not properly perform the
duties of the position. Before removal, the member of the Board of
Supervisors of Elections to be removed shall be given a written copy
of the charges against him and shall have a public hearing on them
before the Council if he so requests within 10 days after receiving
the written copy of the charges.
The Board of Supervisors of Elections shall be in charge of
the registration of voters, certification of candidates, and all Town
elections. The Board may appoint election clerks or other employees
to assist it in any of its duties.
The Board of Supervisors of Elections shall give at least two
weeks' notice of every regular registration day and every election
by an advertisement published in some county newspaper having general
circulation in the Town and by posting notice thereof in some public
place or places in the Town.
506.1
Time of registration. There shall be registration on the first and
second Mondays of April of each election year between the hours of
7:00 a.m. and 8:00 p.m., of qualified persons not registered to vote.
If necessary, for the performance of registration or the convenience
to the citizens of the Town, the Council may designate additional
days as registration days. Notwithstanding the foregoing, no person
shall be permitted to register to vote from 8:00 p.m. on the second
Monday in April until the second Monday in May beginning at 9:00 a.m.
506.2
Registration procedure. The Chief Election Judge shall be furnished
by the Council with a well -bound registration book, for which they
shall be responsible. All persons registering to vote shall present
proof of identification, which shall include, but not be limited to,
a passport, a birth certificate, a U.S. visa, or a valid driver's
license, and shall swear or affirm under penalty of perjury that they
(a) are a legal resident of the United States, (b) are a resident
of Maryland, Prince George' s County and the Town of Brentwood, (c)
will be 18 years of age by the date of the next Town election, (d)
are not under guardianship for mental disability, (e) have not been
convicted more than once of an infamous crime (defined below) without
a pardon, (f) are not under sentence orn probation or parole following
conviction for an infamous crime, and (g) that all the information
given in the process of registering to vote is true. " Infamous crime"
is defined as any felony, treason, perjury, or any crime involving
an element of deceit, fraud, or corruption.
[Amended 5-6-2014 by Ord. No. 2014-04; 6-16-2020 by Res. No. 2020-01]
506.3
Registration by mail. The Council may provide for voter registration
by mail. Such registration program shall be established and administered
by the general rules and regulations set forth by the State Board
of Elections. The information required on these forms shall be supplied
by the applicant under penalties of perjury.
[Amended 5-6-2014 by Ord. No. 2014-04]
506.4
Revision of registration books. The registration books shall be reviewed
by the Chief Election Judge and/or his designee, before each regular
and/or special Town election. Registered voters who are deceased,
or who have moved out of the Town of Brentwood, shall be automatically
removed from the registration list and will be ineligible to vote.
If any registered voter has not voted in five years, his name shall
automatically be removed from the registration list and he will be
ineligible to vote. Citizens removed from the registration list by
failure to vote must re-register to be eligible to vote in future
elections. AS EDITED AND CHANGED BY STATE LAW.
506.5
Registration with the Prince George's County Board of Supervisors
of Elections. In addition to registering to vote in municipal elections
as provided in Sections 506.1 through 506.4 of this Charter, a qualified
voter of the Town who registers to vote with the Board of Supervisors
of Elections of Prince George's County, pursuant to state laws, as
amended from time to time, shall be deemed registered for elections
in the Town.[1]
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Any person who registers to vote with the Board of Supervisors
of Elections of Prince George's County, pursuant to state law, as
amended from time to time, that also meets the requirements set forth
in 501.0(c), shall be deemed registered to vote in any general or
special election within the Town of Brentwood.
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[1]
Editor's Note: Amended during codification.
If any person is aggrieved by the action of the Board of Supervisors
of Elections in refusing to register or in striking off the name of
any person, or by any person, or by any other action, he may appeal
to the Council. Any such appeal shall be filed with the Clerk of the
Council within 30 days of the egregious action. Any decision or action
of the Council upon such appeals may be appealed to the Circuit Court
for Prince George's County within the time allowed for such appeals.
Candidates for election to the office of Mayor or Councilmember
shall file with the Board of Supervisors of Elections a petition signed
by at least 20 registered voters of Brentwood. The candidate shall
file his petition for an elective office not less than 45 days (including
Sundays and holidays) prior to the date of such election.
Such petition shall state (a) the name and address of the candidate,
(b) the fact that such person is eligible for election to the office
of Mayor or Councilmember and (c) that such person wishes his name
placed on the ballot as candidate. Such petition shall be sworn to
or affirmed by the person filing same, both as to the fact of the
candidate's eligibility and as to the genuineness of the signatures
on such petition. When said petitions have been filed and the time
for their filing has expired, the Board of Supervisors of Elections
shall examine and pass upon the sufficiency and legality of the petitions
and the eligibility of the petitioning candidates. No candidate shall
file for election for more than one Town public office at any one
election. The Board of Supervisors of Elections shall cause to be
given general publicity the names of such eligible candidates with
the names of the office they seek, and shall post all of such names
and offices conspicuously at the polls.
Section 508.1.
Write-in candidates for elective
office.
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The Town shall allow for write-in candidates during any regular
or special election. Any candidate running a write-in campaign shall
notify the Chief Election Judge of their intent in writing before
distributing any information to the citizenry for the purpose of soliciting
votes. A candidate, running for any office as a write-in candidate,
must fulfill the qualifications set out in Section 301.0 of this Charter.
In the event that those qualifications are not met, the candidate
will be disqualified from the election.
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If the course of the election is completed and the candidate
has received enough votes to be seated in one of the vacant offices,
and is then proven not to have met the qualifications set forth in
Section 301.0, the qualified candidate who received the next highest
votes in the election will be seated in the vacant office in place
of the write-in candidate. Understanding that the citizenry may write
in the name(s) of a person(s) for office with or without consent,
it will be incumbent upon the Board of Supervisors of Elections to
qualify said person(s) per Section 301.0 and determine their willingness
to serve, if elected, before a public announcement of the election
results is made.
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Any candidate wishing to pursue a write-in campaign who does
not adhere to this section shall be disqualified by the Board of Supervisors
of Elections and may not hold office regardless of the number of votes
cast on their behalf.
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Beginning on the first Monday in May, 1977, and every second
year thereafter, the qualified voters of the Town shall elect a Mayor
and four Councilmembers, elected at large.
It is the duty of the Board of Supervisors of Elections to provide
for each special and general election a suitable place or places for
voting and suitable ballot boxes and/or voting machines. The ballots
and/or voting machines shall show the name of each candidate certified
for elective office in accordance with the provisions of this Charter,
arranged in alphabetical order by office with no party designation
of any kind.
Any qualified voter registered in the Town of Brentwood is entitled
to vote in any municipal election by absentee ballot. Said absentee
ballot must be postmarked not later than seven calendar days before
the date of the election or hand delivered to the Town offices not
later than the close of business on the last business day before the
election.
The Town shall provide for write-in votes at all elections.
The Town shall provide for write-in votes at all elections.
All special Town elections shall be conducted by the Board of
Supervisors of Elections in the same manner and with the same personnel,
as far as practical, as regular Town elections.
The Board of Supervisors of Elections shall begin counting the
vote immediately after the polls have closed. All votes shall be counted
to include the regular ballot and absentee ballots. Once the actual
vote count begins, no persons shall enter or leave the room in which
the vote count is being conducted until completion of the vote count.
The Board of Supervisors of Elections shall complete the vote count
within 24 hours after the polls have closed, shall determine the number
of votes cast for each candidate and shall certify this result to
the Council. The Clerk of the Town shall record the result in the
minutes of the Council. The four candidates for Councilmember with
the highest number of votes shall be declared elected. The candidate
for election to the vacancy of Mayor with the highest number of votes
shall be declared elected. A tie vote shall be decided by special
election between the tied candidates within 30 days.
All absentee ballots and all records used in any Town election
shall be preserved for at least two years from the date of the election.
The Council shall have the power to provide by ordinance in
every respect not covered by the provisions of the Charter for the
conduct of registration, certification, and elections and for the
prevention of fraud in connection therewith, and for a recount of
ballots in case of doubt or fraud.
Women shall have equal privileges with men in registration,
voting, and holding Town offices. Whenever the masculine gender has
been used as to any registering, voting, or holding Town office, it
shall be construed to include the feminine gender.
Any person who (a) fails to perform any duty required of him
under the provisions of this chapter or any ordinance passed thereunder,
(b) in any manner willfully or corruptly violates any of the provisions
of this chapter or any ordinance passed thereunder, 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 challenge to a certified or write-in candidate for office,
or an election result, must be levied by a registered voter in the
Town of Brentwood and presented to the Chief Election Judge in writing
within 30 days of the completion of a general or special election.
The name(s) of the challenger(s) shall be held in the confidence of
the Chief Election Judge. No anonymous challenges will be accepted
or acted upon.
The Chief Election Judge shall be empowered by the Council to
have full investigative power once he has received written notification
of a challenge or contest. The Chief Election Judge shall be granted
access to the Town Attorney, who shall act as his sole legal advisor
in any investigation. Said investigation shall be solely for the purpose
of gathering facts pertaining to the resolution of the challenge or
contest and shall be embarked upon under the direction of the Chief
Election Judge.
Once sufficient evidence has been gathered, the Chief Election
Judge shall render his decision based solely on facts obtained through
his investigation and law. He will then promptly notify all parties
involved of his decision.
Any person aggrieved by the actions of the Chief Election Judge
with regard to a challenge may file an appeal with the Clerk of the
Council, in writing, not later than 30 days after receipt of the decision.
Once the challenge has been resolved, all factual evidence obtained
by the Chief Election Judge and any other products of investigation
shall be placed in an envelope, sealed and presented to the Town Attorney
for safekeeping to be opened in the event of subsequent legal action
or disposed of when appropriate.
