[HISTORY: Adopted by the Mayor and Council of the Town of
Sykesville 11-14-2022 by Ord. No. 2022-05. Amendments noted where applicable.]
A. Each person who desires to become a candidate for election and meets the requirements of §
C-4 of the Town Charter with respect to the office of Council member or §
C-16 of the Town Charter with respect to the office of Mayor may become a candidate for election in the Town.
B. The filing process as outlined in §
C-30 of the Town Charter shall be followed.
C. Candidacy forms can be obtained from the Town Clerk beginning in
February of any election year. Forms must be filed with the Town Clerk
no later than 4:00 p.m. on the fourth Monday of March of an election
year.
D. There are no filing fees associated with nominations for candidacy.
A. Registration for Town elections is governed by §
C-28 of the Town Charter.
B. All persons who wish to vote in the Town election must be registered
no later than the fourth Monday of March of an election year.
C. Persons who do not appear on the registered voters list may cast a provisional ballot as described in §
10-3, Provisional ballot voting, of this chapter.
A. For the purposes of this chapter, the term "provisional ballot" means
a ballot that is cast by an individual but that is not counted until
the individual's qualifications to vote have been confirmed by
the Town Board of Election Supervisors, the Town Manager (or any assistant
election secretary appointed by the Mayor and Town Council).
B. An individual is eligible to cast a provisional ballot if the individual
declares in a written affirmation submitted with the provisional ballot
that the individual is a registered voter and is eligible to vote
in the Town Election; and
(1) The individual's name does not appear on the registered voters
list;
(2) An election official asserts that the individual is not eligible
to vote; or
(3) The individual does not have the necessary government-issued identification,
and:
(a)
Registered by mail and has not previously met the identification
requirements; or
(b)
There is a challenge to the voter's identity.
C. An individual eligible to cast a provisional ballot pursuant to Subsection
B above shall be issued and may cast a provisional ballot at the polling place on the day of a Town election.
D. Before an individual is permitted to cast a provisional ballot:
(1) The individual shall complete and sign a provisional ballot application
prescribed by the Town's Board of Election Supervisors, which
shall be completed and signed by the individual under the penalties
of perjury; and
(2) The election official 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.
E. The provisional ballot application shall contain:
(1) The name and address of the individual issued a provisional ballot;
(2) An oath, under the penalties of perjury, by the individual seeking
to vote stating that they are qualified to vote in the Town election
and that the other information provided by the individual in the application
is true and complete; and
(3) A statement of the nature of the challenge to the individual's
right to vote signed by the person issuing the provisional ballot.
F. A provisional ballot shall be accompanied by instructions, prescribed
by the Town Board of Election Supervisors, for marking and returning
the ballot, and shall be marked "provisional ballot."
G. When voted, a provisional ballot shall be enclosed and sealed in
an envelope designated "provisional ballot."
H. The Town Board of Election Supervisors shall promptly, but in no
event more than 24 hours after the polls close, or within 24 hours
after the County Board of Elections office next opens after the polls
close in the event that the County Board of Elections is closed during
that twenty-four-hour period, make a determination as to whether a
provisional ballot that has been cast shall be counted. A provisional
ballot shall be counted only if a majority of the members of the Town
Board of Election Supervisors agree that the vote should be counted.
Each individual casting a provisional ballot shall then promptly,
but in no event more than 48 hours later, be sent written notification
of the action taken on the provisional ballot and, if denied, the
reasons therefor.
I. Election results will be announced after polls have closed and count
completed by the election judges. If determinations of provisional
ballots cannot be made prior to the closure of polls then the election
results announced shall be considered preliminary only.
J. The Town Board of Election Supervisors shall create and maintain
a complete file with respect to a provisional ballot, including:
(1) The provisional ballot application;
(2) A description of the action taken with regard to the provisional
ballot, and the reasons therefor;
(3) Any provisional ballot that is rejected by the Board of Election
Supervisors sealed inside the provisional ballot application envelope;
(4) The envelope and ballot for any provisional ballot accepted and counted,
with provisional ballots accepted and counted kept segregated from
the remainder of the ballots counted;
(5) A record of the vote of the Board of Election Supervisors as to whether
the ballot should be counted; and
(6) A copy of the notice to the voter regarding the action taken on the
ballot and the reasons therefor.
K. Public access to provisional ballot applications prior to announcement
of final election results shall be prohibited. Public access after
announcement of final election results shall be permitted, except
that provisional ballots rejected by the Board of Election Supervisors
shall remain in their sealed envelopes.
A. The Town Manager (or any assistant election secretary appointed by
the Mayor and Town Council) shall be responsible for the distribution
of mail-in ballots to persons entitled to receive them.
B. A person requesting a mail-in ballot shall send a request for such
a ballot to the Town Manager (or any assistant secretary appointed
by the Mayor and Town Council) after January 1 of an election year
or shall request a ballot in person or through a representative at
the designated municipal facility during regular business hours beginning
on the Tuesday that is three weeks before a Town election.
C. If a request by mail is received at least 15 days before an election,
the Town Manager (or any assistant secretary appointed by the Mayor
and Town Council) will mail a ballot to the voter 10 or more days
before the election. If a request for a mail-in ballot is received
fewer than 15 days before the election, the Town Manager (or any assistant
secretary appointed by the Mayor and Town Council) will use reasonable
efforts to mail the ballot in time for the voter to cast their ballot
by mail.
D. All mail-in ballots must be returned to the designated municipal
facility by 8:00 p.m. on election day to be counted. Ballots may be
given directly to the Board of Election Supervisors, Town Manager
(or any assistant secretary appointed by the Mayor and Town Council),
or placed in a designated drop box.
E. A person who appears at the designated municipal facility during
regular business hours on or after the Tuesday that is three weeks
before an election and at least 24 hours before the election to request
a ballot will be given a ballot.
F. A person may not vote a provisional ballot by mail or absentee.
G. If an individual cannot request a ballot by mail or in person within
a period when it is reasonable to return the ballot by mail, the individual
may designate an agent to drop off the request and pick up the ballot.
H. A designated agent must:
(1) Be a registered voter in the Town of Sykesville; and
(2) Not be a candidate on the ballot; and
(3) Be designated in writing on a form approved by the Board of Election
Supervisors and signed by the voter under penalty of perjury; and
(4) Execute an affidavit approved by the Board of Election Supervisors
under penalty of perjury that the ballot was:
(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 regulations; and
(c)
Returned to the designated municipal facility by the agent.
I. If the Mayor and Council deem it necessary to hold an election fully
via mail-in ballots, they must make the determination by the fourth
Monday in February. Procedures for an election conducted entirely
by mail-in ballots will be adopted by resolution and will not affect
any future elections.
The Town shall permit the counting of write-in votes during
general elections of the Town in accordance with the following:
A. Each write-in vote shall include a first and last name.
B. Each write-in vote shall be printed.
C. Each write-in vote shall be legible as determined by a majority of
the Board of Election Supervisors.
D. In the event there are two or more persons with the same first and
last name that are qualified to receive write-in votes, a middle name
or middle initial shall be included in the write-in vote.
E. In order to qualify to receive write-in votes, such write-in candidate must qualify to hold office pursuant to §§
C-4 and
C-16 of the Town Charter, as applicable.
F. A write-in candidate who receives the highest number of votes in
a general election must accept the position in person and in writing
to the Town Manager (or any assistant election secretary who may be
appointed by the Mayor and the Council) within 48 hours of certification
of the election results to the Town Manager (or assistant election
secretary who may be appointed by the Mayor and the Council).
G. A write-in candidate who receives the highest number of votes in
a general election must file a financial disclosure statement with
the Ethics Commission within 48 hours of certification of the election
results to the Town Manager (or special election secretary who may
be appointed by the Mayor and the Council).
A. Each candidate shall have the right to designate in writing one person
at a time who is a registered voter of the Town to serve as a poll
watcher on his or her behalf. The poll watcher may not be a candidate
or an immediate family member of a candidate.
B. Poll watchers shall be entitled to be in a location in the polling
area so as to enable them to see each person as they vote. Poll watchers
may not wear buttons, hats, or any other article of clothing or carry
any signs or other articles with campaign messages or candidates'
names on them within the polling place.
C. Poll watchers may enter the polling place when the polls open and
remain until the polls are closed. They may also remain in the polling
place after polls are closed to observe the counting of the votes.
D. A poll watcher may not:
(1) Attempt to ascertain how a voter voted or intends to vote;
(2) Attempt to assist an individual with the preparation of or casting
of a vote;
(3) Converse in the polling place with any voter;
(4) Converse in the polling place with any Election Judge;
(5) Physically handle an original election document, including but not
limited to ballots and registered voters lists;
(6) Disrupt or in any way impede the process of voting or of counting
the votes.
E. An Election Judge may eject a poll watcher who violates these provisions
or who fails to follow the orders of an Election Judge, the Town Manager,
or any assistant election secretary appointed by the Mayor and Town
Council.
The qualified individual with the highest number of votes shall be declared the winner of the election, including all write-in votes in compliance with the guidelines set forth in §
10-5.
In the event there is an open seat with no candidates and no write-in votes, the Board of Election Supervisors shall certify the open seat as "vacant" to the Town Manager (or assistant election secretary who may be appointed by the Mayor and the Council). In such event, the vacancy shall be filled in accordance with §
C-11 of the Town Charter.