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Town of Westernport, MD
Allegany County
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Table of Contents
Table of Contents
Every person who (a) is a citizen of the United States, (b) is at least eighteen (18) years of age, (c) has resided within the corporate limits of the Town for thirty (30) days preceding any Town election, and (d) is registered in accordance with the provisions of this Charter, is a qualified voter of the Town. Every qualified voter of the Town is entitled to vote at all Town elections.
There shall be a Board of Supervisors of Elections consisting of two (2) who shall be appointed by the Mayor with the approval of the Town Commission on or before the first Monday in February in every election year. The terms of members of the Board of Supervisors of Elections begin on the first Monday in February in the year in which they are appointed and run for two 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. Vacancies on the Board shall be filled by the Mayor with the approval of the Town Commission for the remainder of the unexpired term. Any compensation of Board members shall be determined by the Town Commission.
Any member of the Board of Supervisors of Elections may be removed for good cause by the Town Commission, if in the judgment of the Commission 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 Commission, if he so requests within ten (10) days after receiving the written copy of the charges against him.
The Board of Supervisors 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, but no salary, expenses or other compensation shall be paid to such appointees except as provided by the Town Commission.
The Board of Supervisors of Elections shall give at least two (2) 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.
The Mayor, with the approval of the Town Commission, may designate the Town Clerk to act in lieu of an established Board of Supervisors of Elections whenever such a situation is preferable.
a. 
Citizens may register to vote in Town elections any weekday during normal working hours between 8:00 a.m. – 4:30 p.m. in the Clerk's office in the town municipal building.
b. 
Registration shall be permanent, and no person is entitled to vote in Town elections unless he is registered. The Board of Supervisors of Elections shall 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.
c. 
The Commission, by ordinance, shall adopt and enforce any provisions necessary to establish and maintain a system of permanent registration and provide for a re-registration when necessary.
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 other action, he may appeal to the Town Commission. Any decision or action of the Commission upon such appeals may, in turn, be appealed to the District Court of Allegany County within 10 days of the decision or action of the Commission.
Persons may be nominated for elective office in the Town by filing an application of nomination in the Clerk's office in the town municipal building on or before the fourth Tuesday in April next preceding the Town election. No person shall file for nomination to more than one elective Town office or hold more than one elective Town office at any one time. Each certificate of nomination shall be signed by at least twenty-five (25) registered voters of the Town. Each certificate of nomination shall also include the payment of a nomination fee, the amount of which is set by the Town Commission and kept on record in the municipal building.
a. 
On the fourth Tuesday in May, 1982, and in every even-numbered year thereafter, an election will be held for a Mayor and two (2) Commissioners. The terms of office for the Mayor and two (2) Commissioners will be two (2) years, beginning on the first Monday in June in the year of their elections. The terms of office for the two (2) Commissioners receiving the highest vote will be four (4) years, beginning on the first Monday in June in the year of their elections. (Res. No. 2-9, 3-30-00)
b. 
In the case of any precise tie between two candidates for office, which would prevent one of them from holding office, a run-off election shall be held within the next thirty (30) days.
a. 
Elections shall be on a non-partisan basis. 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.
b. 
The Board of Supervisors of Elections shall keep the polls open from 7:00 a.m. to 7:00 p.m. on election days, or such other hours as may be designated by the Council.
a. 
Any qualified voter registered to vote in the Town of Westernport is entitled to vote in any municipal election by absentee ballot. All municipal corporations shall provide the procedure to vote by absentee ballot.
b. 
The Town Clerk shall mail absentee ballots to qualified voters, at the request of those voters, not less than fifteen (15) days prior to the elections.
c. 
The municipalities are generally authorized and empowered to do any and all acts providing for voting by persons who are absentee voters. They are severally authorized and empowered to use any of their facilities to transmit and receive applications for absentee ballots, envelopes, instructions and printed matter to enable absentee voters to vote. (1973, Ch. 816) (Effective July 1, 1973)
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.
Immediately after the closing of the polls, the Board of Supervisors of Elections shall determine all the votes cast, including regular and absentee ballots, for each candidate or question and shall certify the results of the election to the Clerk of the Town who shall record the results in the minutes of the Town Commission.
All ballots and records used in any Town election shall be preserved for at least six (6) months from the date of the election.
The Town Commission 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.
The Mayor, with the approval of the Town Commission, may designate the Town Clerk to act in lieu of an established Board of Supervisors of Elections whenever such a situation is preferable.
Any person who (a) fails to perform any duty required of him under the provisions of this subtitle or any ordinances passed thereunder, (b) in any manner willfully or corruptly violates any of the provisions of this subtitle or any ordinances 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 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.