[Amended 2-1-1971 by Res. No. 35, approved 2-2-1971; 4-19-1993 by Res. No. 225]
Every person who, (a) is a citizen of the United States, (b) is at least eighteen years of age, (c) has resided in the City for at least thirty days next preceding and City election, and (d) is registered in accordance with the provisions of this Charter, shall be a qualified voter of the City. Every qualified voter of the City shall be entitled to vote at any or all City elections, subject to the provisions of Section C-35 and any other applicable provisions of this Code.
[Amended 5-15-2000 by Res. No. 327; 6-3-2019 by Res. No. 520]
There shall be a Board of Supervisors of Elections consisting of five (5) members who shall be appointed by the Council on or before the fourth Monday in January in every even-numbered 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 years. Members of the Board of Supervisors of Elections shall be qualified voters of the City 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 approval 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 10-18-2021 by Res. No. 545]
Any member of the Board of Supervisors of Elections may be removed for good cause by 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 and shall have a public hearing on them before the Council, if so requested within ten days after receiving the written copy of the charges.
The Board of Supervisors of Elections shall be in charge of the registration of voters, nominations and all City elections. The board may appoint election clerks or other employees to assist it in any of its duties.
[Amended 2-3-1975 by Res. No. 71; 5-15-2000 by Res. No. 326]
The Board of Supervisors of Elections shall give at least four (4) weeks' notice of every election by an advertisement published in at least one newspaper of general circulation in the City, and by posting a notice thereof in some public place or places in the City, and are authorized to give two weeks' notice of the deadline for filing a certificate of nomination for election to the offices of City council or mayor in a manner the Board determines appropriate.
[Amended by Res. No. 443 approved 5-2-2011]
[Amended by Res. No. 443 approved 5-2-2011]
[Amended 5-15-2000 by Res. No. 325; 6-16-2003 by Res. No. C-03-01]
Persons may be nominated for elective office in the City by filing a certificate of nomination. The fee to file a certificate of nomination shall be $25.00. The certificate of nomination shall stated the following: (1) the office for which the candidate is seeking the nomination, and (2) the name of the candidate. The certificate shall be filed with the Board of Election Supervisors at least sixty calendar days prior to the election, except in the event a person currently holding a municipal elective office files a certificate of nomination and a letter or resignation from the currently held municipal elective public office, a candidate may file a certificate of nomination for the office affected by the resignation until a day which is thirty (30) days prior to the election. No person shall file for nomination to more than one elective public office or hold more than one elective public office at any one time.
[Amended 1-6-1986 by Res. No. 151[1]; 5-15-2000 by Res. No. 323; 6-3-2019 by Res. No. 520; 2-12-2021 by Res. No. 535; 10-18-2021 by Res. No. 545]
A. 
On the first Tuesday in April of 2023, and every 4 years after that, the Mayor shall be elected for a four-year term.
B. 
The City shall be divided by law into five (5) legislative districts for the election of members of the City Council. Each legislative district shall contain one Councilmember who shall be elected by the registered voters of that legislative district only. The terms of Council members elected after 2021 will be 4 years.
(1) 
Each legislative district shall consist of adjoining territory, be relatively compact in form, and include substantially the same population as other districts. Due regard shall be given to all constitutional standards in creating the legislative districts.
(2) 
From time to time as based on the latest U.S. Census Bureau data and after public hearing, the Council may reestablish boundaries of the legislative districts for elections of the members of the Council.
(3) 
The City shall retain the present staggered-term election system as originally established by Resolution No. 1 of 2-7-1966 and included in the Charter of 1968. On the first Tuesday of April in 1986 the qualified voters of Legislative Districts 1 and 2 shall elect their respective Councilmembers. On the first Tuesday of April 1987 the qualified voters of Legislative District 3 shall elect their Councilmember. On the first Tuesday of April in 1988, the qualified voters of Legislative Districts 4 and 5 shall elect their respective Councilmembers. On the first Tuesday of April in 1989, and every year thereafter, each position on the Council which shall become vacant on the second Tuesday in April of that year shall be filled by an election of the qualified voters in that legislative district of the City.
[1]
Editor's Note: This resolution also provided as follows: "Any section or sections of the existing Charter of Pocomoke City, Maryland which are inconsistent with this Amendment are hereby repealed."
[Amended 3-19-1973 by Res. No. 50, approved 3-20-1973]
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. 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. 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 for longer hours if the Council requires it. In the event that there is no contest for any of the offices for which an election shall be proper, the Board of Supervisors of Elections are authorized and directed to cancel the election with respect to said office or offices after giving public notice thereof by publication for two successive weeks in a newspaper or newspapers having general circulation in the City, and to certify as elected the candidate or candidates therefor who have filed a valid certificate of nomination pursuant to Section C-34 of the Charter.
All special City 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 City elections.
[Amended 10-18-2021 by Res. No. 545]
Within twelve 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 City Manager who shall cause the results to be recorded in the minutes of the Council. The candidate for Mayor with the highest number of votes in the general election shall be declared elected as Mayor. The candidate or candidates for Councilmember with the highest number of votes in each general election shall be declared elected as Councilmembers.
All ballots used in any City election shall be preserved for at least six months from the date of the election. In any City election in which voting machines are used, after the voting machines have been locked against voting, a tabulation of votes appearing on the public counters shall be made, then all voting machines used shall be sealed for a six months' period. In the event that the voting machines used cannot be sealed for six months, the Mayor and Council shall pass an ordinance setting forth the procedure to be followed for a certification and the preservation of all votes cast on such voting machines.
[Amended 8-8-1988 by Res. No. 179]
In case of a vacancy on the Council for any reason, the Council may either leave the office vacant until the next election for that District or fill such vacancy for the unexpired term by either appointing some qualified person to fill such vacancy or by a special election held either in conjunction with the next General Election or at any other time specified by the Council. In case of a vacancy in the office of Mayor for any reason, the Council may either leave the office vacant until the next General Election or fill such vacancy for the remainder of the term by either appointing some qualified person to fill the vacancy or by a special election.
[Amended 6-3-2019 by Res. No. 520]
Any City official who is unable, by reason of physical or mental disability, to perform the duties of office for a continuous period of six months can be removed from office before the end of his/her term by a vote of four members of the Council.
The Council shall have the power to provide by ordinance or resolution in every respect not covered by the provisions of this Charter for the conduct of registration, nomination, and City elections and for the prevention of fraud in connection therewith, and for a recount of ballots in case of doubt or fraud.
[1]
Editor’s Note: Former § C-42A, Election –– 1966, was repealed 6-3-2019 by Res. No. 520.
[Amended 10-18-2021 by Res. No. 545]
Any person who (a) fails to perform any duty required under the provisions of this Title or any ordinances passed thereunder, (b) in any manner willfully or corruptly violates any of the provisions of this Title or any ordinances passed thereunder, or (c) willfully or corruptly does anything which will or will tend to affect fraudulently any registration, nomination or City election, shall be deemed guilty of a misdemeanor. Any officer or employee of the City 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.