[Amended 2-24-1971; 5-1-1972, 1-20-2015 by HR 2015-01, 12-2-2016 by HR 2016-02]
Every person who (1) is at least sixteen (16) years of age,
(2) has the City of Hyattsville as the applicant's primary residence,
(3) has resided within the corporate limits of the City for thirty
(30) days, (4) does not claim the right to vote elsewhere in the United
States, (5) has not been found by a Court to be unable to communicate
a desire to vote and (6) 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.
[Amended 12-19-1983 by
HR No. 17-83; 2-9-2009 by HR 2009-01, 12-2-2016 by HR 2016-02]
There shall be a Board of Supervisors of Elections consisting
of five (5) members, who shall be appointed by the Mayor with the
approval of the Council. Three (3) of the members shall be appointed
and approved on or before the second Monday in January of 2011 and
thereafter in every second odd-numbered year. Two (2) members shall
be appointed and approved on or before the second Monday in January
of 2013 and thereafter in every second odd-numbered year. Upon the
effective date of this Charter provision, the current three members
of the Board shall retain their membership on the Board and the Mayor
with the approval of the Council may appoint an additional two (2)
members, one (1) member whose term of office shall be until January
of 2011, and the other member whose term of office shall be until
January 2013. The terms of the members of the Board of Supervisors
of Elections shall begin on the second Monday in January in the year
in which they are appointed and shall run for four (4) years. Members
of the Board of Supervisors of Elections shall not hold or be candidates
for any elective office during their term of office. The Board shall
appoint one (1) 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.
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 against him and shall have a public hearing on
them before the Council if he so requests within ten (10) days after
receiving the written copy of the charges against him.
[Amended 1-30-1989 by
HR No. 1-89]
The Board of Supervisors of Elections shall be in charge of
the conduct of all City elections. The Board may appoint election
clerks or other employees to assist it in any of its duties.
[Amended 12-19-1983 by
HR. No. 18-83; 1-30-1989 by HR
No. 1-89]
The Board of Supervisors of Elections shall give notice of every
election by publishing notice thereof twice in a newspaper of general
circulation in the City.
[Amended 1-30-1989 by
HR No. 1-89, 12-2-2016 by HR 2016-02]
A. In accordance with the State Universal Registration Act, as contained
in Article 33, Section 3-2 of the Annotated Code of Maryland, as amended,
any person residing in the City who is registered with the Board of
Supervisors of Elections of Prince George's County shall be deemed
to be registered to vote in City elections.
B. The Board of Supervisors of Elections shall maintain a supplemental
voter registry, separate from the list of registered voters generated
by the Prince George's County Board of Elections, which shall include
the names of those who are registered to vote in City elections pursuant
to C4-1 of this Charter and are not on the list of registered voters
generated by the Prince George's County Board of Elections.
C. Voter registration for the supplemental voter registry shall be accomplished
by the Board of Supervisors of Elections' acceptance of a completed
and signed registration application as outlined in the City Elections
Code.
D. Same day voter registration. No later than January 1, 2019, the Board
of Supervisors of Elections shall institute a same day registration
program so that City residents who are eligible to vote in City elections
pursuant to this Charter, but who are not registered to vote, may,
when they arrive to vote, register to vote in a City election by submitting
and completing a signed registration application and then have the
opportunity to vote that same day. Same day registration shall occur
at a minimum on any day during the time the polls are open in the
City.
[Amended 12-19-1983 by
HR No. 19-83; 1-30-1989 by HR
No. 1-89]
If any person shall feel aggrieved by any action of the Board
of Supervisors of Elections, such person may appeal to the Council
by giving notice to the Clerk, in writing, within fifteen (15) days
of the action taken by the Board of Supervisors of Elections.
[Amended 12-19-1983 by
HR No. 20-83; 1-30-1989 by HR
No. 2-89; 1-19-2021 by
Charter Amendment Res. No. 2021-1]
A. Filing of applications. Any qualified person may become a candidate
for the office of Councilman for the ward in which he resides by filing
an application with the Board of Supervisors of Elections on or before
5:00 p.m. on the second Friday in March of each election year for
which a vacancy in such ward shall occur. Any qualified person may
become a candidate for the office of Mayor by similarly filing an
application if a Mayor is to be elected that year. The application
shall be on a form prescribed and made available by the Board of Supervisors
of Elections. No fee shall be charged any person for filing an application.
B. Public notice. Notice of the availability of applications and the
time and place for their filing shall be given twice in a newspaper
of general circulation in the City once a week during the two (2)
weeks preceding the filing deadline provided herein. The Board of
Supervisors of Elections shall certify to the Mayor and City Council
the name of each person filing an application of candidacy and the
respective office for which that person has filed an application at
the first regular meeting of the Council following the second Friday
in March of each election year. If for any reason there is no candidate
for a particular office, the City Council shall make nominations for
that office at this meeting.
C. Names on ballots. No candidate's name shall be printed upon official
ballots of election in the City of Hyattsville other than the names
of the persons contained in the certificate mentioned in the preceding
subsection, except the names of persons nominated by the City Council
subsequent to the meeting of the Council as provided in such subsection.
Official ballots shall follow the general form prescribed by the election
laws of the State of Maryland.
[Amended 12-19-1983 by
HR No. 21-83; 1-30-1989 by HR
No. 2-89; 2-20-2007 by HR 2007-03; 2-9-2009 by HR 2009-01]
A.
Beginning in 2011 for regular City elections, Election Day shall
be the second Tuesday in May of each year an Election for Mayor and/or
Council regularly occurs. For any Special Election the City Council
shall set an appropriate day as the Election Day. In addition, the
City Council shall have the authority to authorize opening the polls
to qualified voters on a specific day or days close to, but in advance
of, Election Day (advance voting day).
[Amended 12-7-2020 by Charter
Amendment Res. No. 2020-01]
B. It shall be the duty of the Board of Supervisors of Elections to
provide for each referendum and 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
who has filed an application or been nominated by the City Council
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 Supervisor of Elections shall keep the polls
open at a minimum from 9:00 a.m. to 8:00 p.m. on Election Day or for
longer hours if the Council requires it and shall make reasonable
accommodation for opening and closing the polls on any advance voting
day. The Board of Supervisors of Elections shall make reasonable accommodation
for all qualified voters covered by the Americans with Disability
Act.
[Amended 12-19-1983 by
HR No. 22-83]
All referendum 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 12-19-1983 by
HR No. 10-83, 12-1-2014 by HR
2014-03, 12-2-2016 by HR 2016-02; 12-7-2020 by Charter Amendment
Res. No. 2020-01]
Within five (5) calendar days after the closing of the polls,
the Board of Supervisors of Elections shall determine the votes cast
for each person, candidate or question and shall certify the results
of the election to the Clerk of the City, who shall record the results
in the minutes of the Council. Write-in votes for individuals not
registered as candidates shall be counted. The individual who meets
the qualifications outlined in § C2-2 of the City Charter
and who has the highest number of votes in the at large Mayoral election
shall be declared elected as Mayor. The individual who meets the qualifications
outlined in § C2-2 of the City Charter and who has the highest
number of votes in each ward shall be declared elected as Council
member for that ward.
[Amended 12-19-1983 by
HR No. 23-83]
All ballots used in any City election shall be preserved for
at least six (6) months from the date of election by the Board of
Supervisors of Elections.
Women shall have equal privileges with men in registering, voting
and holding City offices. Whenever the masculine gender has been used
as to any registering, voting or holding City office, it shall be
construed to include the feminine gender.
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 City elections and for the
prevention of fraud in connection therewith and for a recount of ballots
in case of doubt or fraud.
[Amended 12-19-1983 by
HR No. 24-83]
Any officer or employee of the City who is convicted of violating
any law of the City, Prince George's County or the State of Maryland
pertaining to elections, and such violation having occurred in the
course of a municipal election in the City of Hyattsville, shall immediately,
upon conviction, cease to hold such office or employment.
[Amended 12-8-1992 by
HR No. 6-92, 2-7-2005 by HR 2005-02, 10-10-2006 by HR No. 2006-14, 7-16-2012 by HR No. 126-07-12; 12-19-2022 by Charter Amendment Res. No. 2022-02]
The City shall be divided into five (5) wards as described immediately
below. Unless otherwise provided, reference to any street or alley
as a boundary herein shall mean the center line of the street or alley.
Ward 1. Ward number one shall include all that area of the City
south and east of a line drawn as follows: beginning at the intersection
of East West Highway and Forty-Second Avenue; then south on Forty-Second
Avenue until Oliver Street; west along Oliver Street to the rear lot
line of 6030 Forty-Second Avenue; south along the rear lot lines of
the residences between Oliver Street and Oglethorpe Street; then southeast
to Forty-Second Avenue; then south on Forty-Second Avenue until Farragut
Street; west along Farragut Street to Alley 13C; south on Alley 13C
to Forty-First Place; then north on Forty-First Place until Emerson
Street; then west along Emerson Street to the rear lot line of 4922
40th Place; then southwest to Crittenden Street; then west on Crittenden
Street to the unnamed creek in Magruder Woods; south along the unnamed
creek in Magruder Woods to the northwest branch of the Anacostia River;
then east, north and west along the boundary of the City to East West
Highway.
Ward 2. Ward number two shall embrace all that part of the City
bounded by a line as follows: beginning at the intersection of East
West Highway and Forty-Second Avenue; then south on Forty-Second Avenue
until Oliver Street; west along Oliver Street to the rear lot line
of 6030 Forty-Second Avenue; south along the rear lot lines of the
residences between Oliver Street and Oglethorpe Street; then southeast
to Forty-Second Avenue; then south on Forty-Second Avenue until Farragut
Street; west along Farragut Street to Alley 13C; south on Alley 13C
to Forty-First Place; then north on Forty-First Place until Emerson
Street; then west along Emerson Street to the rear lot line of 4922
40th Place; then southwest to Crittenden Street; then west on Crittenden
Street to the unnamed creek in Magruder Woods; south along the unnamed
creek in Magruder Woods to the northwest branch of the Anacostia River;
west along the northwest branch of the Anacostia River to the western
boundary of the Thirty-Eighth Avenue Park; north on the western boundary
of the Thirty-Eighth Avenue Park to the south boundary of Park Place
Apartments; and then west along the south boundary of Park Place Apartments;
north along the west boundary of Park Place Apartments to Hamilton
Street; then west along Hamilton Street to Thirty-Eighth Avenue, then
north on Thirty-Eighth Avenue to Jefferson Street, then northeast
to the rear lot line of 5511 Thirty-Eighth Avenue, north along the
rear lot lines of the residences between 5511 Thirty-Eighth Avenue
and Longfellow Street; then west along Longfellow Street to Thirty-Seventh
Avenue; north on Thirty-Seventh Avenue to the rear lot line of 3610
Longfellow Street; west along the rear lot line of 3610 Longfellow
Street to the rear lot line of 5703 Thirty-Sixth Avenue; north along
the rear lot line of 5703 Thirty-Sixth Avenue to the rear lot line
of 5805 Queen's Chapel Road; then east along the rear lot line
of 5805 Queen's Chapel Road to the eastern lot line of 5805 Queen's
Chapel Road; west along the eastern lot line of 5805 Queen's
Chapel Road to Queen's Chapel Road; then north on Queen's
Chapel Road to its intersection with Adelphi Road (the boundary of
the City).
Ward 3. Ward number three shall include all that area north
and west of a line beginning at the northwest boundary of the City
and the west boundary of 5902 31st Avenue and then north along the
west boundary of 5902 31st Avenue to the Metro tracks (WMATA property)
and then north and east along the Metro tracks (WMATA property) to
the northern boundary of Nicholas Orem Elementary School (6100 Editor's
Park Drive); then east along the northern boundary of Nicholas Orem
Elementary School (6100 Editor's Park Drive) and then along the
southern boundary of Hyattsville Crossing Metro Station (3575 Belcrest
Center Drive), then east along the southern boundary of Mosaic at
Metro Apartments (6206 Belcrest Road); then east along the southern
boundary of Hyattsville Volunteer Fire Department (6200 Belcrest Road)
to Queen's Chapel Road; then north along Queen's Chapel
Road to its intersection with Adelphi Road (the boundary of the City).
Ward 4. Ward four shall include all that area contained in a
line beginning at the northwest boundary of the City and the west
boundary of 5902 31st Avenue and then north along the west boundary
of 5902 31st Avenue to the Metro tracks (WMATA property) and then
north and east along the Metro tracks (WMATA property) to the northern
boundary of Nicholas Orem Elementary School (6100 Editor's Park
Drive); then east along the northern boundary of Nicholas Orem Elementary
School (6100 Editor's Park Drive) and then along the southern
boundary of Hyattsville Crossing Metro Station (3575 Belcrest Center
Drive), then east along the southern boundary of Mosaic at Metro Apartments
(6206 Belcrest Road); then east along the southern boundary of Hyattsville
Volunteer Fire Department (6200 Belcrest Road) to Queen's Chapel
Road; then south and west along Queen's Chapel Road until the
south boundary of 3545 Madison Street on the west side of Queen's
Chapel Road and then west along the rear lot lines of the residences
between Queen's Chapel Road and Jamestown Road; then south and
west along Jamestown Road to Thirty-First Avenue; then south on Thirty-First
Avenue to the south boundary of 3007 Jamestown Road; then west along
the rear lot lines of the residences between Thirty-First Avenue and
Ager Road; then north on Ager Road to the City boundary.
Ward 5. Ward five shall include all that area south and west
of a line beginning at the intersection of the northwest branch of
the Anacostia River and the western boundary of the Thirty-Eighth
Avenue Park and running north on the western boundary of the Thirty-Eighth
Avenue Park to the south boundary of Park Place Apartments; and then
west along the south boundary of Park Place Apartments; north along
the west boundary of Park Place Apartments to Hamilton Street; then
west along Hamilton Street to Thirty-Eighth Avenue, then north on
Thirty-Eighth Avenue to Jefferson Street, then northeast to the rear
lot line of 5511 Thirty-Eighth Avenue, north along the rear lot lines
of the residences between 5511 Thirty-Eighth Avenue and Longfellow
Street; then west along Longfellow Street to Thirty-Seventh Avenue;
north on Thirty-Seventh Avenue to the rear lot line of 3610 Longfellow
Street; west along the rear lot line of 3610 Longfellow Street to
the rear lot line of 5703 Thirty-Sixth Avenue; north along the rear
lot line of 5703 Thirty-Sixth Avenue to the rear lot line of 5805
Queen's Chapel Road; then east along the rear lot line of 5805
Queen's Chapel Road to the eastern lot line of 5805 Queen's
Chapel Road; west along the eastern lot line of 5805 Queen's
Chapel Road to Queen's Chapel Road; then south on Queen's
Chapel Road until the south boundary of 3545 Madison Street on the
west side of Queen's Chapel Road and then west along the rear
lot lines of the residences between Queen's Chapel Road and Jamestown
Road; then south and west along Jamestown Road to Thirty-First Avenue;
then south on Thirty-First Avenue to the south boundary of 3007 Jamestown
Road; then west along the rear lot lines of the residences between
Thirty-First Avenue and Ager Road; then north on Ager Road to the
City boundary.
The City Council shall have the power, by ordinance, to establish,
change or relocate the boundaries of existing wards and to establish,
change and relocate boundaries for new or additional wards created
either by the annexation of territory to the City or by the divisions
of a ward or wards.
The City Council shall have the power, after notice thereof
and opportunity for public hearings as the City Council shall provide
and direct, to divide any and all of the wards of the City into two
(2) or more voting precincts as public convenience or public welfare,
in their discretion, may require or direct.