[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.)
All ballots used in any town election shall be preserved for
at least three months from the date of the election. (Mont. Co. Code
1965, § 59-33.)
[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.)
