THE BOARD OF SUPERVISORS OF ELECTIONS
There shall be a Board of Supervisors of Elections consisting
of three members who shall be appointed by the Mayor with the approval
of the Council on or before the first Monday in March in every second
odd-numbered year. The term of members of the Board of Supervisors
of Elections shall begin on the first Monday in March in the year
in which they are appointed and shall run for four years. Members
of the Board of Supervisors of Elections shall be qualified voters
of the town and shall not hold or be candidates for any elective office
during their term of office. The Board shall appoint one 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
the Council.
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, nominations, 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 registration day and every election by an advertisement
published in at least one newspaper of general circulation in the
town and by posting a notice thereof in some public place or places
in the town.
REGISTRATION
[Amended 4-13-2006 by Res.No. 2006-01]
There shall be a registration ongoing, until the first Monday
in April in every odd-numbered year, of qualified persons not registered
to vote. If necessary for the performance of registration or the convenience
of the citizens of the town, the Mayor may designate additional days
as registration days. Registration shall be permanent, and no person
shall be entitled to vote in town elections unless he is registered.
It shall be the duty of the Board of Supervisors of Elections to keep
the registration lists up to date by striking from the lists persons
known to have died or to have moved out of the town. 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 registration when necessary.
[Amended 4-13-2006 byRes. No. 2006-01; 2-9-2012 by Res. No.
2011-01]
Every person who is a citizen of the United States; is at least
18 years of age; is registered to vote with the Kent County Board
of Elections; is a resident of Maryland that has resided continuously
within the corporate limits of Rock Hall since the January 1st immediately
preceding any town election held pursuant to Section 609 of the Charter
of the Town of Rock Hall; and is registered in accordance with the
provisions of this Charter shall be a qualified voter of the town.
For special elections, the voter must have resided within the corporate
limits of Rock Hall for the 90 days preceding the election. Every
qualified voter of the town shall be entitled to vote at any or all
town elections.
[Amended 4-13-2006 by Res. No. 2006-01]
If any person shall feel 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 other action, such person may
appeal to the Circuit Court for Kent County.
THE NOMINATION OF CANDIDATES FOR OFFICE
[Amended 4-8-2021 by Charter Res. No. 2021-01]
Persons may be nominated for elective office in the town by
filing a certificate of nomination and the documentation required
by Section 609(B) of this Charter at the office of the Board of Supervisors
of Elections on or before the second Monday in April next preceding
the town election. No person shall file for nomination to more than
one elective town public office or hold more than one elective town
public office at any one time. Any person desiring to withdraw his
candidacy must do so seven days prior to the election.
[Amended 4-26-1991 by Res. No. 91-4; 4-8-2021 by Charter Res. No. 2021-01]
Persons may be nominated for elective office in the town by
filing a certificate of nomination and the documentation required
by Section 609(B) of this Charter at the office of the Board of Supervisors
of Elections on or before the second Monday in April next preceding
the town election. No person shall file for nomination to more than
one elective town public office or hold more than one elective town
public office at any one time. Any person desiring to withdraw his
candidacy may do so at least seven days prior to the election.
A.
Certificate of nomination. A certificate in the following form shall
be sufficient:
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To the Board of Supervisors of Elections of the Town of Rock
Hall,
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I hereby request that you print my name on the official ballot
in the Town of Rock Hall election to be held on ____________ as candidate
for _______________; I am _________ years old; I have been a bona
fide resident of the town for ________; I am a registered voter in
the town.
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Date ______________
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Signature
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Address
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ELECTION PROCEDURES
[Amended 4-26-1991 by Res. No. 91-4]
A.
On the first Saturday of May 1991, and every alternate two years
thereafter, the qualified voters of the town shall elect one person
as Mayor and two persons as Councilmembers for terms of four years.
B.
On the first Saturday of May 1993, and every alternate two years
thereafter, the qualified voters of the town shall elect two Councilmembers
for terms of four years.
Section 610. Conduct of Elections
[Amended 4-26-1991 by Res. No. 91-4]
A.
It shall be the duty of the Board of Supervisors of Elections to
provide for each general and special 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. The Board of Supervisors of
Elections shall keep polls open from 10:00 a.m. to 8:00 p.m. on election
days or for longer hours if the Council requires it.
[Amended 4-13-2006 by Res. No. 2006-01]
B.
The Board of Supervisors of Elections shall make provisions for an
absentee ballot for those persons who are qualified to vote and may
be unavoidably absent from the town for any reason on election day
or for those persons who are qualified to vote and whose physical
disability will prevent them from being present at the polls on election
day.
1.
A qualified voter of the town desiring to vote at any town election
as an absentee voter shall make application in writing to the Clerk-Treasurer
for an absentee ballot. An application for an absentee ballot must
be received by the close of business on the Friday eight days prior
to election day. After such deadline, a late application must be completed
in person at the Clerk-Treasurer's office in the Rock Hall Town Offices
during normal business hours.
[Amended 2-9-2012 by Res. No. 2011-01]
2.
Upon receipt of said application, the Clerk-Treasurer shall promptly
mail or deliver a ballot to the qualified applicant which shall be
marked at the top "absentee ballot." Underneath these words shall
be printed the following instructions:
"Mark ballot by placing an "X" in proper blank after each candidate
question."
3.
Two envelopes shall be provided with absentee ballots:
a.
Return envelope. One envelope shall be known as the "return envelope"
and shall be addressed to Chairman of Board of Supervisors of Elections
of the Town of Rock Hall, Rock Hall, Maryland 21661.
b.
Ballot envelope. The other envelope shall be know as the "ballot
envelope" and shall contain the town absentee ballot.
4.
All absentee ballots must be received by the Board of Supervisors
of Elections of the town election not later than the closing of the
polls on town election day. Ballots not received prior to such closing
will not be counted.
5.
No ballot envelopes shall be opened or unfolded prior to the closing
of the polls and the beginning of tabulation of all ballots. No absentee
ballot shall be rejected except by unanimous vote of the Board of
Supervisors of Elections. Candidates or designee may be present for
tabulation of ballots.
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 practicable, as regular town elections.
Within 48 hours after the closing of the polls, the Board of
Supervisors of Elections shall determine the votes cast for each candidate
or question and shall certify the results of the election to the Clerk-Treasurer
of the town, who shall record the results in the minutes of the Council.
[Added 2-9-2012 by Res. No. 2011-01]
In the event of a tie vote in the election for the office of
Mayor, there shall be a special runoff election between the tied candidates,
to be held as soon as is practicable following the election. In the
event of a tie vote in the election for the office of Councilmember,
the Board of Elections shall provide for an impartial method of chance
to select a winner from the pool of tied candidates.
All ballots used in any town election shall be preserved for
at least six months from the date of election.
[Amended 3-29-1991 by Res. No. 91-3]
A.
In case of a vacancy on the Council for any reason, the Council shall,
within 45 days of the occurrence of the vacancy, elect some qualified
person to fill such vacancy until the next regular town election.
At the next regular election the persons receiving the two highest
votes shall fill the regular four-year terms. Any vacancy in an unexpired
term shall be filled by person(s) receiving the next highest vote(s).
In case of a vacancy in the office of Mayor for any reason, the Council,
within 45 days, shall elect some qualified person from the existing
Council to fill the vacancy until the next regular town election.
The results of all votes filling vacancies shall be recorded in the
minutes of the Council.
B.
If the Council fails to fill a vacancy within 45 days of the occurrence
of the vacancy, the Town Board of Election Supervisors shall call
a special election to fill the vacancy to be held not sooner than
90 days and not later than 120 days following the occurrence of the
vacancy. In the event that the resignation occurs within 120 days
of the regular election, the Council may leave the seat vacant until
the next regular election.
C.
Any resignation by the Mayor or a Council member must be in writing
and delivered to the Clerk-Treasurer.
[Added 10-10-2013 by Charter Res. No. 2013-03]
A.
All elected officials of the town shall be subject to recall and
removal from office by the registered voters of the town in accordance
with the provisions of this section; provided, however, that this
section shall not apply to the following:
1.
An elected official of the Town that has held office for 90 days
or less;
2.
An elected official in whose favor a recall election has been determined
within the last two years; or
3.
An elected official who, pursuant to Section 608A of this Charter,
has failed to timely file a certificate of nomination or, having timely
filed a certificate of nomination, withdraws his or her candidacy.
B.
Recall petition.
1.
A recall petition shall be addressed to "The Mayor and Council of
the Town of Rock Hall," filed with the Clerk-Treasurer, and shall
contain the following:
2.
A recall petition shall not address more than one elected official.
3.
A recall petition shall be on a form provided by the Clerk-Treasurer
and available at the Town Office during normal business hours. The
Clerk-Treasurer shall also provide any individual requesting a recall
petition form with the number of registered voters of the town as
of the date upon which such form is requested.
4.
Upon receiving a recall petition, the Clerk-Treasurer shall immediately
notify the Council that a recall petition has been filed. Within 15
days of the filing of a recall petition, the Clerk-Treasurer shall
prepare a dated certificate verifying whether the recall petition
meets the requirements of Subsection (B)(1). The certificate shall
be forwarded to the Mayor and Council upon its completion.
a.
If the certificate states that the recall petition does not meet
the requirements of Subsection (B)(1), the Clerk-Treasurer shall send
written notice thereof to the petitioner. Such written notice shall
specify the defect(s) in the recall petition and advise the petitioner
of the right to refile a proper recall petition, without prejudice.
b.
If the certificate shows the recall petition meets the requirements
of Subsection (B)(1), the matter shall be placed on the Council's
agenda for a special public meeting to be held within 45 days of the
date of the certificate, at which there shall be a public hearing,
immediately after which the Council shall take action on the recall
petition. Notice of the special public meeting shall be published
for at least two weeks prior thereto in a newspaper or newspapers
having general circulation in the town. The Council may prescribe
additional methods of publication reasonably deemed to provide notice
of the special public meeting.
c.
The elected official whose recall is sought shall continue to hold
office until the elected official resigns or is recalled, but shall
not participate in any discussions or actions related to the recall.
C.
Special public meeting.
1.
During the public hearing portion of the special public meeting described
in subsection 4(b), those petitioning for and those opposed to recall,
as well as the elected official who is the subject of the recall petition,
shall have a reasonable opportunity to be heard.
2.
Immediately following the public hearing portion of the special public
meeting, the Council shall adopt a resolution ordering that a recall
election be held and setting a date therefor, which shall not be less
than 30 days nor more than 60 days from the date of the special public
meeting, unless:
D.
Recall election.
1.
Notice of the date of a recall election date shall be published for
at least two weeks prior to the election in a newspaper or newspapers
having general circulation in the town. The Council may prescribe
additional methods of publication that are reasonably deemed to provide
notice of the recall election.
2.
The recall election shall be conducted by the Board of Supervisors
of Elections in the same manner and with the same personnel, as far
as practicable, as regular town elections, except as otherwise provided
in this section.
3.
The recall election ballot shall read: "Shall (name of elected official)
continue in the office of (insert office name) of the Town of Rock
Hall?" Following this question shall be the words "Yes" and "No,"
which the voter shall use to vote for or against recall. The question
of recall shall be decided by a simple majority of the votes cast.
4.
Results of the recall election. The question of recall shall be decided
by a simple majority of the 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.
E.
Filling of vacancy created by recall. The successor of any elected
official removed by recall shall be selected in the usual course of
filling vacancies as set forth in Section 614 of this Charter; provided,
however, that an elected official removed by recall is not eligible
to fill the vacancy created by his or her recall.
Women shall have equal privileges with men in registering, 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.
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 town elections and for the
prevention of fraud in connection therewith and for a recount of ballots
in case of doubt or fraud.
[Amended 4-13-2006 by Res. No.2006-01]
A.
Any person who: (1) willfully and knowingly registers to vote in
a fraudulent or unlawful manner; (2) willfully and knowingly votes
in a fraudulent or illegal manner; (3) is ineligible to vote as a
result of being convicted of an infamous crime and votes or attempts
to vote; (4) disobeys a lawful command of an election official at
a polling place on election day; (5) hinders or impedes the conduct
of electoral activities through breach of the peace, disorder, violence
or threat of violence; (6) interferes with the performance of an election
official's official duties or interferes with individuals lawfully
present at polling places; (7) fraudulently or illegally tampers,
destroys or interferes with ballots, election records, voting equipment
or supplies is guilty of a misdemeanor.
B.
Any election official who: (1) willfully neglects their official
duties or who engages in corrupt, illegal or fraudulent activity;
or (2) willfully or knowingly falsifies or allows the falsification
of reports or who defaces or harms any document entrusted to the official's
custody is guilty of a misdemeanor. Any election judge who: (1) willfully
and knowingly interferes with the right or ability of an otherwise
qualified individual to vote or allows an unqualified individual to
vote; (2) improperly places a ballot in a box or alters a ballot in
any way; or (3) willfully or knowingly falsifies or allows the falsification
of reports or defaces or harms any document entrusted to the official's
custody shall be guilty of a misdemeanor. Any officer or employee
of the town 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.
