Town of Mount Airy, MD Article V Registration, Nomination and Elections

§ C5-1 Eligibility.

[Amended 1-15-1990 by Res. No. 1989-4]

Every person who is constitutionally qualified as a voter under the laws of Maryland and who is registered in accordance with the provisions of this Charter shall be a qualified voter of the Town of Mount Airy. Every qualified voter of the Town shall be entitled to vote at any or all Town elections.

§ C5-2 Supervisors of Elections; duties.

A. On or before the first Monday in February in Town election years, the Mayor with the advice and consent of the Council shall appoint three persons to serve as a Board of Supervisors of Elections for terms of two years or until their successors are appointed and qualified. 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 advice and consent of the Council for the remainder of the unexpired term. The compensation of the members of the Board shall be determined by the Council.

[Amended 11-7-2011 by Res. No. 2011-01]

B. The Board of Supervisors of Elections shall be in charge of the conduct of the citizens' meeting for nominations and all special and general elections in the Town. The Board may appoint clerks to assist it in any of its duties.

[Amended 1-15-1990 by Res. No. 1989-4]

§ C5-3 Notices.

The Board of Supervisors of Elections shall give at least two weeks' notice of every citizens' meeting for nominations, and special or general election by an advertisement in at least one newspaper of general circulation in the Town of Mount Airy or by posting a notice thereof in at least five public places in the Town of Mount Airy.

§ C5-4 Registration.

[Amended 1-15-1990 by Res. No. 1989-4]

Registration with a County Board of Elections by a voter who resides within the Town limits shall constitute registration for Town elections, so long as state law so permits. In the event that state law does not permit county registration to be deemed registration for Town elections, the Council shall provide, by ordinance, for a system of permanent, continuous Town registration.

§ C5-5 Supplemental registration. [Amendment 1-15-1990 by Res. No. 1989-4]

The Council may provide, by ordinance, for supplemental registration of persons not registered with a County Board of Elections and provide for the maintenance and administration of any supplemental registration list.

§ C5-6 Nominations.

[Amended 11-7-2011 by Res. No. 2011-01; 8-5-2013 by Res. No. 2013-3]

A. The Board of Supervisors of Elections shall convene a citizens' nomination meeting on the third Tuesday of February of an election year for the purpose of opening nominations for elective Town office. Nominations shall remain open until the Board of Supervisors of Elections' meeting on the fourth Tuesday of February, at which time the Board shall accept additional nominations from the floor and accept nominations submitted during the open nomination period. Upon closing nominations, the Board of Supervisors of Elections shall approve the list of nominees and instruct the Town Clerk that their names appear on the approved ballot provided that their financial disclosure statement is timely filed with the Town Clerk. In the event of a special election, the Board of Supervisors of Elections shall establish a time frame for nominations and set a date, time and place for the elections.

[Amended 11-1-2021 by Res. No. 2021-1

B. Individuals seeking elective office may submit a nomination. Eligible citizens may nominate an individual with the written consent of the nominee.

C. Notwithstanding the above Subsection A, for the 2014 election, the first citizens' nomination meeting shall be held on the second Monday in February, and the second nominations meeting shall be held on the third Monday in February. Beginning with the 2015 election, the first citizens' nomination meeting shall be held on the second Monday in March, with the second nominations meeting to be held on the third Monday in March as stated in Subsection A above, in each regular Town election year to follow.

§ C5-7 Election of Mayor and Council.

A. On the first Monday in May 1952, and on the same day every two years thereafter, the qualified voters of the Town shall elect a Mayor to serve for a term of two years or until his successor is elected and qualified. Also on the first Monday in May 1952, the qualified voters of the Town shall elect five Councilmen. The two Councilmen elected by the highest number of votes shall serve for a term of four years, and the three remaining Councilmen shall serve for a term of two years. On the first Monday in May 1954, the qualified voters of the Town shall elect three Councilmen. The two Councilmen elected by the highest number of votes at this election shall serve for a term of four years, and the remaining Councilmen shall serve for a term of two years. Thereafter, on the first Monday in May 1956, and on the same day every two years thereafter, the qualified voters of the Town shall elect the requisite number of Councilmen to serve for a term of four years;

B. Provided that on the first Monday in May 1990, and on the same day every four years thereafter, the qualified voters of the Town shall elect a Mayor to serve for a term of four years and until a successor is elected and qualified.

[Added 1-15-1990 by Res. No. 1989-1]

C. Notwithstanding the provisions of Subsections A and B, above, the terms of the Mayor elected on the first Monday of May, 2014 and of the members of the Council elected on the first Monday of May, 2012 and on the first Monday of May, 2014 shall be three years or until successors are elected and qualified. Beginning on the first Monday of May, 2017, and on the same day every four years thereafter, the qualified voters of the Town shall elect a Mayor to serve for a term of four years or until his successor is elected and qualified. Beginning on the first Monday of May, 2015, on the same day every two years thereafter, the qualified voters of the Town shall elect the requisite number of Council members to serve for a term of four years and until successors are elected and qualified.

[Added 11-7-2011 by Res. No. 2011-01]

D. Notwithstanding the provisions of Subsections A, B and C above, beginning with the election of May 2025, and on the same day every four years thereafter, the qualified voters of the Town shall elect a Mayor to serve for a terms of four years or until his or her successor is elected and qualified. Beginning on the first Tuesday of May 2023, and on the same day every two years thereafter, the qualified voters of the Town shall elect the requisite number of Council members to serve for a term of four years or until successors are elected and qualified.

[Added 11-1-2021 by Res. No. 2021-1]

§ C5-8 Conduct of elections.

[Amended 8-5-2013 by Res. No. 2013-3]

It shall be the duty of the Board of Supervisors of Elections to provide for each special and general election a suitable place for voting and suitable ballot boxes and ballots and/or electronic voting device. Space shall be provided on the ballot for voters to vote for candidates not listed thereon. The Board of Supervisors of Elections shall keep the polls open at least from 2:00 p.m. to 7:00 p.m. on election days or for longer hours if the Council requires it.

§ C5-9 Absentee ballots.

Any qualified voter registered to vote pursuant to §§ C5-4 and C5-5 is entitled to vote in any Town election by absentee ballot. On or before January 2, 1980, the Council shall provide by ordinance for appropriate means to transmit and receive applications for absentee ballots, envelopes, instructions and printed matter to enable absentee voters to vote.

§ C5-10 Vote count.

[Amended 8-5-2013 by Res. No. 2013-3]

Within 48 hours after the closing of the polls, the Board of Supervisors of Elections shall determine the vote cast for each candidate or question and shall certify the results of the election to the Council Secretary or Town Clerk, who shall record the results in the minutes of the Council and shall notify the persons elected of their election. The person with the highest number of votes for Mayor shall be declared elected Mayor. The persons with the highest number of votes for Councilperson shall be declared elected Councilpersons. All ballots and/or electronic voting tallies used in any Town election shall be preserved for at least six months from the date of the election.

§ C5-11 Regulation and control.

The Council shall have the power to provide by ordinance for the registration of voters, nominations of candidates and special and general municipal elections in every respect not covered by this Charter.

§ C5-12 Recall elections.

[Added 6-2-2014 by Res. No. 2014-1]

A. In addition to other remedies at law for misconduct in office, 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 365 days or less; or

(2) An elected official who is six months or less from completing his or her term of office.

B. Grounds for recall. Recall may be initiated for one or more of the following reasons occurring or first discovered within the term of office that the elected official at issue is serving:

[Amended 11-3-2014 by Res. No. 2014-3]

(1) Conviction of a felony;

(2) Failure to uphold the oath of office and/or to discharge the duties of office, to include failure to regularly attend meetings;

(3) Misappropriation of public funds;

(4) Other willful, unlawful, unethical or wrongful conduct in relation to the duties of office;

(5) Misfeasance while in office, defined to mean the performance of a lawful action in an illegal or improper manner;

(6) Malfeasance in office, defined to mean the doing of an act which a person ought not to do at all; or

(7) Willful violation of the Ethics Chapter of the Town Code as determined by the Ethics Commission and/or willful failure to comply with enforcement penalties imposed by the Ethics Commission for a violation of the Ethics Chapter of the Town Code.[1]

[1] Editor's Note: See Ch. 13, Ethics.

C. Recall petition.

(1) A recall petition shall be addressed to "The Mayor and Council of the Town of Mount Airy," filed with the Town Clerk, and shall contain the following:

(a) A statement of the name and office of the elected official whose recall is sought and that its purpose is to require a special recall election to vote on whether that elected official should be removed from office;

(b) The printed name under the signature of each qualified voter signing the recall petition, along with his/her address, date of birth and the date of his/her signature; and

[Amended 11-3-2014 by Res. No. 2014-3]

(c) The signatures of at least 20% of the registered voters of the Town as of the date of the filing of the recall petition with the Town Clerk.

[Amended 11-3-2014 by Res. No. 2014-3]

(d) The designation by name and address of a lead petitioner.

[Added 11-3-2014 by Res. No. 2014-3]

(2) A recall petition shall not address more than one elected official.

(3) A recall petition shall state the reason or reasons for the recall.

(4) Upon receiving a recall petition, the Town Clerk shall review the petition's contents and within 7 days of receipt forward the petition to the Town's Board of Supervisors of Elections and shall notify the Town Council that a recall petition has been filed. The Board of Supervisors of Elections, with the assistance of Town staff, shall verify the signatures and whether the petition contains the requisite number of verified signatures and shall notify the Town Clerk of same within 14 days of receipt of the petition from the Town Clerk. Within three days after being advised by the Board of Supervisors of Elections as to whether the signatures on the petition have been verified and whether the petition contains the requisite number of verified signatures, the Town Clerk shall prepare a dated certificate verifying whether the recall petition meets the requirements of Subsection C. The certificate shall be forwarded to the Mayor and Council upon its completion.

[Amended 11-3-2014 by Res. No. 2014-3]

(a) If the certificate states that the recall petition does not meet the requirements of Subsection C, the Town Clerk shall send written notice thereof to the lead petitioner within seven days. 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 states that the recall petition meets the requirements of Subsection C, the matter shall be placed on the Council's agenda for a special public hearing pursuant to Subsection D below to be held within 30 days of the date of the certificate. Notice of the special public hearing 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.

D. Special public hearing.

[Amended 11-3-2014 by Res. No. 2014-3]

(1) At the public hearing, one or more of the petitioners shall have an opportunity to present evidence as to the truth of the cause(s) asserted to be the basis for recall and the petitioners may retain counsel at their own expense to represent them at the hearing. The elected official that is the subject of the recall petition shall have the right to rebut the evidence presented supporting recall, may cross examine witnesses and may be represented by counsel. The burden to establish probable cause that grounds exist for a recall election shall be on the petitioners by clear and convincing evidence. While the formal rules of evidence shall not apply, a finding of probable cause shall not be based solely on hearsay evidence. Members of the public shall also have a right to make public comments after the Council receives all the evidence. The public hearing shall be video and audio recorded and a record of all documentary or tangible evidence introduced shall be kept.

(2) Within 10 days of concluding the public hearing, the Council shall issue written findings as to whether probable cause has been established to initiate a recall election. The findings of the Council shall be subject to judicial review by the Circuit Court for Carroll or Frederick County upon petition by or on behalf of any petitioner and/or by the elected official in accordance with the Maryland Rules governing judicial review of administrative agency decisions. Within five days of receipt of a petition for judicial review, the Town Clerk shall transmit the video and audio recording of the hearing, along with all documentary or tangible evidence, to the Clerk of the Circuit Court. The appeal shall be conducted in accord with the Maryland Rules governing judicial review of administrative agency decisions and shall be based solely upon the record presented and no further evidence shall be introduced on appeal.

(3) If the Council and/or the Circuit Court finds probable cause for a recall election, the Council shall adopt a resolution at its next public regular or special meeting after issuance of its written findings or upon a determination by the Circuit Court upon review that probable cause exists for a recall election, ordering that a recall election be held and directing the Chair of the Board of Elections Supervisors to set a date for the recall election in accordance with Subsection E(1) below, unless:

(a) The elected official who is the subject of the recall petition chooses to resign; or

(b) A regular Town election is scheduled to occur within 60 days of the meeting date, in which case the Council may order that the recall election be included on the regular election ballot.

E. Recall election.

(1) The Town Clerk shall notify the Chair of the Board of Supervisors of Elections that a resolution for recall election has been passed by the Town Council. The Board of Supervisors of Elections shall set the recall election to occur on the first Monday of a month that falls within 60 days of notification to the Chair provided that such a date can be set that does not fall within a period during which voter registration rolls for Carroll and/or Frederick County are not available, in which case the Board of Supervisors of Elections shall set the date of the recall election for the earliest possible date thereafter but in no event later than 120 days after notification to the Chair.

[Added 11-3-2014 by Res. No. 2014-3[2]]

[2] Editor's Note: This resolution also designated former Subsection E(1) through (4) as Subsection E(2) through (5), respectively.

(2) 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.

(3) 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.

(4) The recall election ballot shall contain the following: "Shall (name of elected official) continue in the office of (insert office name) of the Town of Mount Airy?" And the words "Yes" and "No" shall appear, which the voter shall use to vote for or against recall.

(5) 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.

F. 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 § C12-3 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.