The town shall maintain a register of all persons eligible to
vote in the town elections. Those qualified to vote shall be entitled
to vote in all town elections. All voters must be a citizen of the
United States and at least eighteen years of age. In addition, for
a period of at least thirty days preceding the election, each voter
must have lived within the town.
There shall be an Election Judge who shall be appointed by the
mayor with the approval of the council on or before the first Monday
in March in every second odd-numbered year. The term of the Election
Judge shall begin on the first Monday in March in the year in which
he/she is appointed and run for four years. The Election Judge shall
be qualified voter of the town and shall not hold or be a candidate
for any elective office during their term of office. Vacancy shall
be filled by the mayor with the approval of the council for the remainder
of the unexpired term. Compensation, if any, shall be determined by
the council.
An Election Judges may be removed for good cause by the council,
if in the judgement of the council the judge is not properly performing
or will not properly perform the duties of the position. Before removal,
the Election Judge 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 Election Judge shall be in charge of the registration of
voters, nominations, and all town elections. The council may appoint
election clerks or other employees to assist the judge in any of his/her
duties.
The Election Judge shall give at least two weeks notice of every
registration day and every election by an advertisement published
in at least one newspaper of general circulation in the town and by
posting a notice thereof in some public place or places in town.
Registration shall be permanent, and no person is entitled to
vote in town elections unless he is registered. The Election Judge
shall keep the registration lists up to date by striking from the
lists persons known to have died or to be moved out of the town or
who are otherwise not qualified. The council, by ordinance, shall
adopt and enforce any provisions necessary to establish and maintain
a system of permanent registration and provide for a reregistration
when necessary. The judge shall prescribe procedures for registration
of voters.
If any person is aggrieved by the action of the Election Judge
in refusing to register or in striking off the name of any person,
or by any other action he/she may appeal to the council. Any decision
or action of the council upon such appeals may be appealed to the
circuit court for the county within the time allowed for such appeals.
Persons may be nominated for elective office in the town by
filing a certificate of nomination at the town office on or before
the third Monday in April next preceding the town election. No person
shall file for nomination to more than one elective town public office
or hold more than one elective town public office at any one time.
[Amended11-8-2004 by Charter Amendment No. CA-04-04]
On the first Tuesday in May, the mayor and councilmembers shall
be elected as follows:
a. For the election in 2005, the voters shall elect a mayor to serve
for a term of three years, and for the election in 2008 and every
four years thereafter, the voters shall elect a mayor to serve for
a term of four years.
b. For the election in 2005, the voters shall elect two councilmembers
to serve for terms of three years, and for the election in 2008 and
every four years thereafter, the voters shall elect two councilmembers
to serve for terms of four years.
c. For the election in 2006 and every four years thereafter, the voters
shall elect three councilmembers to serve for terms of four years.
It is the duty of the Election Judge 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 Election Judge shall keep the polls open from noon
to 7:00 PM on election days or for longer hours if the council requires
it.
All special town elections shall be conducted by the Election
Judge of elections in the same manner as far as practicable, as regular
town elections.
a. Immediately after closing the polls, the Election Judge shall determine
all the votes cast, including regular and absentee ballots, for each
candidate or question and shall certify the results of the election
to the secretary of the town who shall record the results in the minutes
of the council.
b. The candidate for mayor with the highest number of votes in the general
election shall be declared elected mayor. The candidates for the council
with the greatest number of votes shall be declared elected as councilmembers.
c. In the event of a tie vote for any office, a special run-off election
among those tied shall be held within fifteen days. The Election Judge
shall give at least five days notice of the time and place of this
special election.
All ballots used in any town election shall be preserved for
at least six months from the date of the election.
In case of a vacancy in the office of mayor or council for any
reason, the council shall elect some qualified person to fill the
vacancy for the unexpired term. Any vacancies on the council or in
the office of mayor shall be filled by the favorable votes of a majority
of the remaining members of the council. The results of any such vote
shall be recorded in the minutes of the council.
The council has the power to provide rule, resolution or ordinance
in every respect not covered by the provisions of this charter for
the conduct of registration, nomination, and town elections and for
the prevention of fraud in connection therewith, and for a recount
of ballots in case of doubt or fraud.
Any qualified voter registered to vote is entitled to vote in
all town elections by absentee ballot. The Election Judge shall prescribe
the procedures to so vote.
Any person who (1) fails to perform any duty required of him
under the provisions of this subheading or any ordinances passed thereunder,
(2) in any manner wilfully or corruptly violates any of the provisions
of this subheading or any ordinances passed thereunder, or (3) wilfully
or corruptly does anything which will tend to affect fraudulently
any registration, nomination or town election, is guilty of a misdemeanor.
Any officer or employee of the town 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.