[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.
