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 immediately preceding
the Town election, and (d) is registered to vote in the Town in accordance
with provisions of this Charter, is a qualified voter of the Town.
(a)
There shall be a Board of Supervisors of Elections consisting of
three members, each representing one of the three Wards, who shall
be recommended by the Councilmember of each respective ward and appointed
by the Mayor on or before the first Monday of February of each year.
The terms of members of the Board of Supervisors of Elections shall
begin on the first Monday in February in the year in which they are
appointed and shall run for two (2) years. The Board shall appoint
one of its members as Chairperson. Vacancies on the Board shall be
filled by the Mayor with the approval of the Council for the remainder
of the unexpired term. Members of the Board of Elections may be reappointed
by the Mayor.
(b)
Members of the Board of Supervisors of Elections shall be at least
25 years of age, shall have resided in the Town for at least two years,
and shall be qualified voters of the Town pursuant to Section 701
of this Charter. No member of the Board shall hold or be a candidate
for any elective office during his or her term of office. Compensation
of the members of the Board, if any, shall be determined by the Council.
Any member of the Board of Supervisors of Elections may be removed
by the Mayor, with the approval of the Council, for inefficiency,
malfeasance, misfeasance, nonfeasance, misconduct in office, or insubordination.
Before removal, the member of the Board to be removed shall be given
a written copy of the charges and shall have a public hearing before
the Council, if a hearing is requested by the member of the Board
to be removed, within ten days after receiving the written copy of
the charges.
The Board of Supervisors of Elections shall be in charge of
receiving nominations, certifying candidates, conducting all Town
elections, and certifying election results. The Board may appoint
election clerks or other agents, volunteers or employees to assist
in its duties.
At least thirty (30) days prior to each Town election, the Board
of Supervisors of Elections shall provide notice of the upcoming election
in the Town newsletter and by posting a notice thereof in some public
place or places in the Town.
(a)
Registration by the Prince George's County Board of Elections
shall be deemed registration for Town elections, provided that the
person so registered meets the voter qualifications enumerated in
this Charter. The Town Board of Supervisors of Elections shall accept
the list of registered voters provided by the Prince George's
County Board of Elections as a valid registration list for the Town.
(b)
No person shall be entitled to vote in a Town election unless he/she
is duly registered to vote at least thirty (30) days prior to that
election.
If any person is aggrieved by any election result or other action
of the Board of Supervisors of Elections, 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 Prince George's County
within thirty (30) days after the date of the Council action.
Persons shall be nominated for elective office in the Town by
filing a nominating petition with the Town Clerk at least thirty (30)
calendar days prior to the election. A nominating petition for Mayor
shall be signed by at least twenty (20) qualified voters in the Town
and a nominating petition for Councilmember shall be signed by at
least ten (10) qualified voters in the Town. The Town Clerk shall
validate all nominating petitions and then shall refer the validated
petitions to the Board of Supervisors of Elections. The Board of Supervisors
of Elections shall certify all qualified nominees as candidates for
the Town general election at least twenty (20) calendar days prior
to the election. No person shall file for nomination for more than
one elective Town public office at any one time.
(a)
On the first Monday of May in odd-numbered years, the qualified voters
of the Town shall elect a Mayor and one person to serve as Councilmember
(Council seat 1). On the first Monday of May in even-numbered years,
the qualified voters of the Town shall elect two persons to serve
as Councilmembers (Council seats 1 and 2). (Res. No. 2008-1, 3-25-2008)[1]
[1]
Note: Thus in Res. No. 2008-1, effective 3-25-2008.
It shall be the duty of the Board of Supervisors of Elections
to provide, for each special and general election, a suitable place
or places for voting and suitable ballot boxes and ballots and/or
voting machines or other voting system. The ballots and/or voting
machines or system 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 the
polls open from 1:00 p.m. to 7:00 p.m. on election days, or for longer
hours if deemed necessary.
(a)
Any qualified voter registered to vote in any election of the Town
may vote by absentee ballot if the voter is unable to cast a ballot
during regularly scheduled polling hours on election day by reason
of physical condition or necessary absence. It shall be the duty of
the Board of Supervisors of Elections to transmit and receive applications
for absentee ballots and to provide ballots, envelopes, instructions,
and printed matter to enable absentee voters to vote in a manner prescribed
by law.
(b)
A qualified voter desiring to vote at a Town election as an absentee
voter shall make application to the Board of Supervisors of Elections
in writing, which application must be received no later than the Monday
preceding the election. The application must be signed by the applicant
or, if he or she is unable to sign, must bear the mark of the applicant
and the signatures of two witnesses.
(c)
To be counted, the absentee ballot must be (1) returned to the Town
Board of Supervisors of Elections, appropriately signed and sealed,
by the close of the polls on election day, or (2) if mailed, postmarked
on or before the election day and received by the Board of Supervisors
of Elections no later than 5:00 p.m. on the next business day following
election day.
(a)
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.
(b)
Whenever required by this Charter, it shall be the duty of the Board
of Supervisors of Elections to order a special election at a date
not less than thirty (30) days nor more than sixty (60) days from
the date an office is declared vacant or the date an election results
in a tie vote.
(c)
Following the special election, any Mayor or Councilmember elected
pursuant to this section shall take office at the next meeting of
the Council.
(a)
Within 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 Clerk who shall record the results in the minutes of the Council.
The candidate for Mayor with the highest number of votes in the election
shall be declared elected as Mayor. The candidates for Councilmembers
with the highest number of votes in the election shall be declared
elected as Councilmembers.
(b)
In the event of a tie between any candidates for Mayor or Council
in which the tie has a bearing on who shall be declared elected, those
candidates shall participate in a special election pursuant to Section
712 of this Charter.
The Board of Supervisors of Elections shall be responsible for
preserving all ballots used in any Town election for at least six
months from the date of the election.
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.
(a)
In the case of a vacancy on the Council for any reason, the Council
shall appoint some qualified person to fill such vacancy for the remainder
of the unexpired term provided the vacancy is for less than one hundred
eighty (180) days. If the unexpired term is equal to or more than
one hundred eighty (180) days, a special election shall be held as
prescribed in Section 712 of this Charter.
(b)
In the case of a vacancy in the office of Mayor for any reason, a
special election shall be called to fill the vacancy as prescribed
in Section 712 of this Charter. In the case of any such vacancy which
occurs less than ninety (90) days prior to the expiration of the term,
the vacancy for the unexpired term shall be filled at the next general
election.
