[HISTORY: Adopted by the Commission of the Town of Cottage City 4-15-2016 by Emergency Ord. No. 2016-02. Amendments noted where applicable.]
The following words and phrases have the meanings indicated below:
ADVISORY QUESTION
A ballot question commonly known as a "straw vote" placed on the ballot as an nonbinding vote taken to indicate the relative strength of public opinion and opposing issues or positions. Although nonbinding, an advisory question shall be initiated, pursuant to this chapter, by the voters essentially using the initiative process or by the legislative body essentially using the referendum process as provided herein.
INITIATIVE
A process that allows citizens to propose new laws (i.e., ordinances) or changes to existing laws and to enact or reject them at the polls. The initiative process for amending the Town Charter must follow the procedures set forth in Annotated Code of Maryland, Local Government Article, § 4-305 (Initiation of charter amendment by petition of voters). Any other binding initiative process must be authorized by the Town Charter.
MUNICIPAL QUESTION
An issue or question, relating to, or characteristic of a municipal corporation, and consisting of subject matter over which the Commission has authority. The Commission shall have sole discretion in determining whether an issue is a municipal question.
PETITION
A writing signed by a number of registered voters of the Town which is required by law to place a question or ordinance on the ballot, or demand a recall election. Such petitions for official action must be signed by a specified number of registered voters.
REFERENDUM
A process that allows voters to petition an enactment of a legislative body to a vote of the people. The referendum process regarding enacted ordinances passed by the Town's legislative body (i.e., the Cottage City Commission) is found in § 16 of the Town Charter.
A. 
General.
(1) 
An advisory question may be placed on the ballot at a regular or special Town election by petition of the voters or by a vote of the Commission in conformity with the provisions of this chapter.
(2) 
The Commission shall not call a special election for the sole purpose of entertaining or placing an advisory question on the ballot.
(3) 
The number of ballot questions at any election shall not exceed seven in number, and shall be succinct, grammatically correct and free of vulgarities or slang.
B. 
Initiated by the Commission.
(1) 
The Commission upon its own action and without a formal petition may order by written resolution an advisory question be placed on the ballot at any regular or special Town election, provided that the question involves a municipal question.
(2) 
Said resolution shall fix the exact language to appear on the ballot and shall be approved at least 15 days before the subject election.
C. 
Initiated by the voters.
(1) 
A proposal to place an advisory question on the ballot at a regular or special municipal election of the Town may be presented to the Commission on a petition signed by at least 20 registered voters of the Town.
(2) 
Said petition signed by at least 20 registered voters shall be presented by the individual circulating the petition to the Commission at a regular or special Town meeting stating a desire to have the question placed on the ballot at the next election. The Commission may summarily reject the petition without further review if it finds that the sole question proposed or all of the questions proposed within the petition are not deemed to be municipal questions.
(3) 
The registered Town voters signing said petition shall sign the same as their names appear on the Town's election books, and under each signature shall be typed or printed each petitioner's name, address and ward in which he or she votes in Town elections.
(4) 
At the bottom of each page of said petition, the individual circulating the petition shall sign the same and make an affidavit before a notary public that he or she circulated the petition and saw each individual whose names appear thereon sign the same in his or her presence.
(5) 
The Town Clerk-Treasurer/Town Manager, as applicable, shall transmit the petition to the Town Board of Election Supervisors, who shall have 30 days after receipt of such a petition to certify the signatures of the registered voters of the Town.
(6) 
Upon certification of the signatures, the petition shall be presented to the Commission for final approval before said election, provided that the question or questions to be so placed on the ballot involve a municipal question and otherwise meets the requirements of this chapter.
(7) 
If finally approved by the Commission, the Town Clerk-Treasurer/Town Manager (as applicable) shall cause the question or questions to be placed on the ballot at the next regular municipal election held at least 10 days after such approval by the Commission.
D. 
Post-election. The Town Clerk-Treasurer/Town Manager shall certify and announce the results of the vote on the advisory question at the next regular meeting of the Commission.