[Amended 6-17-2010 by Ord. No. O-10-10; 12-19-2019 by Ord. No. O-19-16]
A. 
For each election, the Board shall establish the official ballot after issuing a certificate of candidacy to all qualified candidates who filed a declaration of candidacy. The ballot shall be in a form that provides a "voter-verifiable paper record."
B. 
The Board shall arrange to have printed a supply of ballots that is sufficient, in its judgment, to allow each voter attempting to vote in each election to cast a ballot. The Board may but is not required to use the formula adopted by the State of Maryland for this purpose.
[Amended 6-17-2010 by Ord. No. O-10-10; 6-16-2016 by Ord. No. O-16-5; 12-19-2019 by Ord. No. O-19-16]
A. 
Form of official ballot. Only the name identified in the candidate's certificate of candidacy issued by the Board shall be used on the official ballot. The candidates for Mayor shall be listed first, in alphabetical order by their surname. The candidates for Town Council shall be listed after those for Mayor, and shall be listed in alphabetical order by their surname. The form of the ballot shall give each voter the opportunity to clearly indicate his or her choice for Mayor or Town Councilperson without exceeding the number of candidates to be elected for each election contest.
B. 
Materials that are the subject of a referendum petition may be added to an official ballot described in Subsection A above or be placed on a separate ballot (for special elections). The ballot will list the question described in the petition for referendum and clearly identify the voter's choices.
C. 
Specimen ballots. The Board shall use the form of the official ballot to create a specimen ballot, on which shall be clearly printed the words "Specimen Ballot." The specimen ballot can be used by the Board and election judges to demonstrate the form of the ballot prior to and on the day of the election.
[Amended 12-19-2019 by Ord. No. O-19-16]
The Board is authorized to use optical scanners provided by the Calvert County Board of Elections to scan and tabulate paper ballots to record the vote of some or all voters. The Board is also authorized to use electronic voting machines that provide a voter-verifiable paper record for each voter.
The Town Council shall provide a suitable room with booths or segregated stations, to which each voter may retire alone for the purpose of marking his ballot or use a voting machine, so that his vote may be made in private.
Any voter may take with him into the polling place any written or printed memorandum or paper to assist him in marking or preparing his ballot, including a sample ballot.
A. 
In general. If an individual is eligible to vote under Subsection B of this section, the individual shall be issued and may cast a provisional ballot at a polling place on election day.
B. 
Eligibility. An individual is eligible to cast a provisional ballot if the individual signs an oath affirming his registration as a voter and:
[Amended 6-16-2016 by Ord. No. O-16-5]
(1) 
The individual's name does not appear on the register;
(2) 
The individual is not eligible to vote a regular ballot;
(3) 
The individual does not have the necessary identification;
(4) 
Someone challenges the individual's right to vote; or
(5) 
The individual is voting during Board- or court-ordered extended election hours.
The Board shall maintain a full record of provisional ballot voting in the Town, including, for each voter who votes using a provisional ballot, the action taken with regard to the registration and any other information specified by the Board. All information specific to a voter, including his vote, shall be confidential.
[Amended 6-17-2010 by Ord. No. O-10-10; 6-16-2016 by Ord. No. O-16-5]
Before an individual casts a provisional ballot, the individual shall complete a provisional ballot application prescribed by the Board. The application shall be under oath or affirmation. The election judge issuing the provisional ballot shall give the individual written information advising the individual that, and describing how, the individual will be able to ascertain whether the vote was counted and, if it was not counted, the reason it was not counted.
[Amended 12-19-2019 by Ord. No. O-19-16]
A. 
Instructions. A provisional ballot shall be accompanied by instructions prescribed by the Board for marking and returning the ballot and a ballot envelope.
B. 
Envelopes. When voted, a provisional ballot shall be enclosed in an envelope designated "Provisional Ballot/Return Envelope".
An individual given a provisional ballot shall mark his ballot as he would any other official ballot, and shall then place the provisional ballot in a ballot envelope given to him by the election judge. The envelope shall be sealed and then attached to the provisional ballot application.
A. 
In general. Following an election, the Board shall meet at its designated counting center to canvass the provisional ballots cast in that election.
[Amended 12-19-2019 by Ord. No. O-19-16]
B. 
Time for opening provisional ballots. The Board may not open the envelope of a provisional ballot until the Board has approved the provisional ballot application.
[Amended 12-19-2019 by Ord. No. O-19-16]
C. 
Approval or rejection of provisional ballot applications. Based upon the information provided by the provisional ballot application, the Board, by a majority vote with respect to each application, shall determine if the individual applicant was qualified to vote a provisional ballot. For the purposes of this section, an individual is qualified to cast a provisional ballot if the Board determines that:
[Amended 6-16-2016 by Ord. No. O-16-5; 12-19-2019 by Ord. No. O-19-16]
(1) 
The individual is registered and qualified to vote in the Town election or the individual is registered to vote elsewhere in Maryland but now resides in and is entitled to register in Chesapeake Beach; or
(2) 
If the provisional ballot was cast because the voter failed to provide required identification, the individual who cast the provisional ballot has met the identification requirements established by the Board; and
(3) 
If the provisional ballot was cast during a period covered by a court order or other order extending the time for closing the polls, the order has not been invalidated by a subsequent court order.
(4) 
If the voter was added to the Maryland universal registration system using the "same day registration" process during the period during which the Town registration was closed for the election.
D. 
Rejection of provisional ballots. If the Board has approved a provisional ballot application, the Board shall then open the envelope and review the sufficiency of the provisional ballot.
(1) 
The Board may not reject a provisional ballot except by a majority vote.
(2) 
The Board shall reject a provisional ballot if:
(a) 
The individual cast more than one ballot for the same election;
(b) 
The Board determines that a provisional ballot is intentionally marked with an identifying mark that is clearly evident and placed on the ballot for the purpose of identifying the ballot; or
(c) 
The intent of the voter is not clearly demonstrated by the provisional ballot.
(3) 
If the intent of the voter with respect to a particular contest is not clearly demonstrated, the Board shall reject only the vote for that contest.
(4) 
If the Board accepts the sufficiency of the provisional ballot, the votes on that ballot shall be counted.
E. 
Confirmation by voter.
[Amended 6-17-2010 by Ord. No. O-10-10]
(1) 
The Board shall establish a system by which any individual who casts a provisional ballot may determine, without any fee or expense to the individual, whether his ballot was counted as a vote and, if not counted, the reason it was not counted.
(2) 
The system established under Subsection E(1) of this subsection shall ensure the confidentiality of the individual who seeks confirmation of the counting of his ballot and the secrecy of each ballot.
[Amended 6-17-2010 by Ord. No. O-10-10]
Any registered and qualified voter desiring to vote at any election as an absentee voter shall make an application in writing to the Board for an absentee ballot. An individual may vote by absentee ballot except to the extent preempted under an applicable federal law.
A. 
Application. An application for an absentee ballot, signed by the voter, may be made:
(1) 
On a form produced by the Board and supplied to the voter;
[Amended 6-17-2010 by Ord. No. O-10-10]
(2) 
On a form provided under federal law; or
(3) 
In a written request that includes:
(a) 
The voter's name, date of birth and residence address; and
[Amended 6-16-2016 by Ord. No. O-16-5]
(b) 
The address to which the ballot is to be mailed, if different from the residence address.
(c) 
If the voter is not registered to vote in Chesapeake Beach, the address at which the voter is registered.
[Amended 6-16-2016 by Ord. No. O-16-5]
B. 
Deadline for receipt of application. Except for a late application under Subsection C of this section, an application for an absentee ballot must be received by the Board no later than the close of business of the Tuesday preceding the election.
[Amended 6-17-2010 by Ord. No. O-10-10]
C. 
Late application.
(1) 
Beginning on the Wednesday preceding the election, through the closing of the polls on election day, a registered voter or the voter's duly authorized agent may apply in person for an absentee ballot at the Town Hall.
(2) 
A special application for an absentee ballot issued under this subsection shall be supplied by the Board, or its designee, to the voter or the voter's duly authorized agent.
[Amended 6-17-2010 by Ord. No. O-10-10]
(3) 
The application shall be made under penalty of perjury but without a formal oath.
(4) 
After review of the application, the Board shall issue an absentee ballot to the voter or the voter's duly authorized agent.
[Amended 6-17-2010 by Ord. No. O-10-10; 6-16-2016 by Ord. No. O-16-5]
[Amended 6-17-2010 by Ord. No. O-10-10]
The form of absentee ballots, ballot envelopes, return envelopes, and instructions to voters shall be prepared and approved by the Board. The absentee ballot shall include instructions prescribed by the Board.
[Amended 6-17-2010 by Ord. No. O-10-10; 6-16-2016 by Ord. No. O-16-5]
A. 
Review of application. Application for absentee ballots will be received by the Town Clerk at Town Hall. Upon receipt, the Town Clerk will verify that the applicant's address is located within Chesapeake Beach. If the address is within the Town, the application will be approved. If the address is not within the Town, the application will be rejected. The Town Clerk will forward all applications to the Board of Elections for action and retention.
B. 
Transmittal of ballot. If the ballot is approved, the Board, through the Town Clerk, shall send the ballot:
(1) 
As soon as practicable after receipt of the request; or
(2) 
If the ballots have not been received from the printer, as soon as practicable after the Board receives delivery of the ballots.
C. 
Verification of registration. The Board of Elections will verify that each applicant for an absentee ballot is on the Town of Chesapeake Beach registry. If not listed on the registry, the absentee voter's ballot, once received, will be held until Election Day and canvassed as a provisional ballot in accordance with § 22-40 of this chapter.
D. 
Rejection of application.
(1) 
If the Board determines that the applicant is not entitled to vote by absentee ballot, the Board shall notify the applicant of the reasons for the rejection as soon as practicable after receipt of the application.
(2) 
Delegation of determination.
(a) 
The Board may delegate the determination under Subsection D(1) of this section to its designee.
(b) 
If the determination has been delegated, the applicant may appeal the rejection to the members of the Board, who shall decide the appeal as expeditiously as practicable.
E. 
Number of ballots issued to a voter. Not more than one absentee ballot may be issued to a voter unless the Board or its designee has reasonable grounds to believe that an absentee ballot previously issued to the voter has been lost, destroyed, or spoiled.
A. 
Use authorized. A qualified applicant may designate a duly authorized agent to pick up and deliver an absentee ballot under this article.
B. 
Qualifications of agent. An agent of the voter under this section:
(1) 
Must be at least 18 years old;
(2) 
May not be a candidate on that ballot;
(3) 
Shall be designated in a writing signed by the voter under the penalty of perjury; and
(4) 
Shall execute an affidavit under the penalty of perjury that the ballot was:
[Amended 6-17-2010 by Ord. No. O-10-10]
(a) 
Delivered to the voter who submitted the application;
(b) 
Marked and placed in an envelope by the voter, or with assistance as allowed by § 22-46 of this article, in the agent's presence; and
(c) 
Returned to the Board by the agent.
A. 
In general. A voter who requires assistance in casting an absentee ballot by reason of disability, inability to write, or inability to read the ballot may be assisted by any individual other than:
(1) 
A candidate who is on that ballot;
(2) 
The voter's employer or an agent of the employer; or
(3) 
An officer or agent of the voter's union.
B. 
Certification of assistance. An individual rendering assistance under this section shall execute a certification that the person is not disqualified under Subsection A of this section and that he or she has followed the instructions relevant to giving assistance in the marking of absentee ballots.
[Amended 6-17-2010 by Ord. No. O-10-10]
[Amended 12-19-2019 by Ord. No. O-19-16]
A. 
The Board shall verify that each voter that submitted an absentee ballot did not vote in person on election day.
[Amended 7-20-2023 by Ord. No. O-23-19]
B. 
Within 48 hours after polls are closed, the Board, judges selected by the Board, and official challengers will meet at a prearranged time and location to count absentee ballots.
C. 
When directed by a Board member, an absentee ballot may be removed from the ballot envelope that is signed by the registrant and shall be placed in a box designated specifically for paper ballots. Ballots shall be removed from the box at random for hand-counting and recording of the vote. If available, the use of a ballot scanner/tabulator is authorized for absentee ballots in lieu of or in addition to hand-counting.
D. 
No person shall be permitted to cast more than one ballot of any nature, and the Board shall reject any envelope which contains more than one ballot or any ballot envelope of any qualified voter who has already voted.
[Amended 6-17-2010 by Ord. No. O-10-10]
All absentee ballots must be received by the Board no later than the closing of the polls on election day. If an absentee ballot is not received prior to the closing of the polls, the ballot shall not be counted.