[Amended 10-2-2017 by Res. No. 10-17, eff. 11-21-2017; 11-7-2022 by Res. No. 3-22, eff. 1-24-2023; 7-10-2023 by Res. No. 1-23, eff. 8-29-2023]
Every person who (1) is at least sixteen (16) years of age, (2) has resided within the corporate limits of the town for fourteen (14) days next preceding any election, and (3) is registered in accordance with the provisions of this Charter, shall be a qualified voter of the town. Every qualified voter of the town shall be entitled to vote at any or all town elections. As used herein, "resided" refers to the location deemed one's permanent abode and single domicile in the United States for voting purposes, and where one intends to return after a temporary residence elsewhere. Actual physical presence in the Town for fourteen (14) days before an election is not required. (Mont. Co. Code 1965, § 59-21; Res. 2-2-76, § 1; Res. R-3-93, 7-28-1993.)
[Amended 10-2-2017 by Res. No. 11-17, eff. 11-21-2017]
(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. Members shall serve staggered three-year terms.
(b) 
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 tenure of office. The board shall appoint one of its members as chair. Vacancies on the board shall be filled by the mayor, with approval of the council, for the remainder of the unexpired term. Members of the board of supervisors of elections shall receive no compensation for their services.
(Mont. Co. Code 1965, § 59-22; Res. 4-14-84, Char. Am. 5-84, 12-25-1984; Res. 1-06, 2-22-2006.)
Any member of the board of supervisors of elections may be removed for good cause by the mayor, with the approval of the council. 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 ten days after receiving the written copy of the charges against him. (Mont. Co. Code 1965, § 59-23.)
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, whose compensation, if any, shall be fixed by the council, to assist it in any of its duties. (Mont. Co. Code 1965, § 59-24.)
[Amended 10-2-2017 by Res. No. 12-17, eff. 11-21-2017]
The board of supervisors of elections shall give at least two (2) weeks' notice of every election by publication as provided in section 83-87 of this Charter. The notice shall include instructions for voter registration. (Mont. Co. Code 1965, § 59-25.)
[Amended 10-2-2017 by Res. No. 13-17, eff. 11-21-2017; 12-5-2022 by Res. No. 4-22, eff. 1-24-2023]
Any person who meets the qualifications to vote as set forth in this Charter may register at the town office during normal business hours. There shall also be voter registration by mail. To be effective, registration by mail must be received and processed before the time of an election. A resident of the town registered to vote with the Montgomery County Board of Elections shall be deemed registered for elections in the town so long as the resident remains qualified to vote in accordance with Section 83-21 of this Charter. Registration shall be permanent so long as the resident remains qualified to vote in accordance with Section 83-21 of this Charter, 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 list up to date by striking from the lists persons not qualified to vote. The removal of voters from the registration list shall comply with the applicable procedures set forth in State law. The council is hereby authorized and directed to adopt and enforce any rules and regulations necessary to establish and maintain a system of permanent registration and to provide for a reregistration when necessary. (Mont. Co. Code 1965, § 59-26; Res. 2-2-76, § 1; Res. R-4-85, 5-21-1985; Res. R-3-93, 7-28-1993.)
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 council. Any decision or action of the council upon such appeals may be appealed to the circuit court for Montgomery County within thirty days of the decision or action of the council. (Mont. Co. Code 1965, § 59-27.)
[Amended 10-2-2017 by Res. No. 14-17, eff. 11-21-2017; 12-5-2022 by Res. No. 5-22, eff. 1-24-2023]
Candidates at the regular elections shall be nominated at a town meeting to be held on a date at least eight (8) weeks prior to the date set for the municipal election. Additional candidates may be nominated after such meeting by written petition signed by at least twenty (20) voters and filed with the town manager not more than ten (10) business days after such meeting. No nominations will be accepted thereafter. Write-in candidates who have not been nominated according to this section will not be eligible for election. The names of nominees who meet the qualifications for election and who accept the said nominations, all as determined by the board of supervisors of elections, together with such other information as is called for by the council, shall be published as provided in section 83-87 of this Charter no more than five (5) business days following the aforementioned town meeting. The names of any additional qualified candidates nominated by petition in accordance with this section shall be published no more than five (5) business days after such petitions are filed. (Mont. Co. Code 1965, § 59-28; Res. R-5-85, 5-21-1985; Res. No. R-11-87, 12-22-1987.)
[Amended 10-2-2017 by Res. No. 15-17, eff. 11-21-2017]
In every even-numbered year, the qualified voters of the town shall elect one (1) person as mayor and two persons as council members to serve for terms of two (2) years, and in every odd numbered year shall elect three (3) persons as council members to serve for terms of two (2) years. The election shall be on the second Tuesday in May or such other date as may be recommended by the board of supervisors and approved by the council. (Mont. Co. Code 1965, § 59-29; Res. R-6-85, 5-21-1985; Res. No. R-10-87, 11-24-1987.)
[Amended 10-2-2017 by Res. No. 16-17, eff. 11-21-2017; 12-5-2022 by Res. No. 7-22, eff. 1-24-2023]
(a) 
It shall be the duty of the board of supervisors of elections to determine for each special and general election the manner in which the elections will be conducted. Elections may be conducted in person, by mail, or other format. The ballots 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.
(b) 
Qualified voters may vote by mail according to rules and regulations recommended by the board of supervisors and approved by the council, regardless of whether an election takes place in person or by other means.
(Mont. Co. Code 1965, § 59-30.)
All special town elections shall be conducted by the board of supervisors of elections in the same manner, as far as practicable, as regular town elections. (Mont. Co. Code 1965, § 59-31.)
[Amended 10-2-2017 by Res. No. 17-17, eff. 11-21-2017]
Within not more than twenty-four (24) 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 town manager who shall record the results in the minutes of the council. The candidate for mayor with the highest number of votes shall be declared elected as mayor. The candidates for council members with the highest number of votes shall be declared elected as council members. In the event of a tie vote in any election or on any question, there shall be a special election three weeks later to break the tie. (Mont. Co. Code 1965, § 59-32; Res. 2-2-76, § 1.)
[Amended 10-2-2017 by Res. No. 18-17, eff. 11-21-2017]
(a) 
Whenever any vacancy exists in the office of mayor or on the council by reason of a recall pursuant to section 83-11A of this charter, the council shall order a special election to fill such vacancy for the unexpired term pursuant to section 83-31 of this charter; the special election shall be held on a date not less than thirty (30) days but not more than forty-five (45) days from of the certification of election results by the board of supervisors of elections;[1] provided, however, that if any town election is scheduled within ninety days from the date of certification of the recall election results, the council may, in its discretion, order that the vacancy be filled at the general election.
[1]
Editor's Note: So in original.
(b) 
In case of a vacancy in the office of mayor or on the council for any reason other than recall, including failure of a newly elected mayor or council members to take office, the council shall, in its discretion, either elect some qualified person or call a special election to fill such a vacancy for the unexpired term. The results of any such vote or election shall be recorded in the minutes of the council.
(Mont. Co. Code 1965, § 59-34; Res. R-9-88, 2-8-1989.)
[Added 4-6-2020 by Res. No. 1-20, eff. 4-6-2020; amended 12-5-2022 by Res. No. 6-22, eff. 1-24-2023]
(a) 
Notwithstanding anything to the contrary contained in this Charter, the board of supervisors may cancel an uncontested election, after the deadline for nominations has passed, in order to save the town the burden and expense of conducting an election or to address public health and safety concerns.
(b) 
Notwithstanding anything to the contrary contained in this Charter, if a state of emergency has been declared by the Governor of Maryland that includes the corporate limits of the town, the council shall be authorized to pass an ordinance to implement such emergency election procedures as may be deemed necessary as a result of the state of emergency, including but not limited to changing the election date and nomination deadlines; altering the method, conduct, or voting system of the election; altering the manner of balloting; canceling an uncontested election; and eliminating the use of polling stations.
[1]
Editor's Note: Former Sec. 83-35, Women (Mont. Co. Code 1965, § 59-35), was repealed 10-2-2017 by Res. No. 19-17, eff. 11-21-2017.
The council shall have the power to provide by resolution 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. (Mont. Co. Code 1965, § 59-36.)
Any person who (1) fails to perform any duty required of him under the provisions of this article or any ordinances passed thereunder, (2) in any manner wilfully or corruptly violates any of the provisions of this article or any resolutions passed thereunder, or (3) wilfully or corruptly does anything which will or will tend to affect fraudulently any registration, nomination, or town election, shall be deemed guilty of a misdemeanor and shall be subject to the maximum penalties authorized by Section 83-20 of this Charter. 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. (Mont. Co. Code 1965, § 59-37; Res. R-3-80, 6-24-1980.)