A. 
Any person who is qualified to vote may vote by absentee ballot in City elections.
B. 
In the event an election is conducted by mail-in ballot voting, absentee ballots shall be provided to those eligible pursuant to Chapter 5.18.
(prior code § 4D-20/Ord. No. 2009-22, 5-19-2009/Ord. 2015-28, 2015/Ord. 2020-7, 2020/Ord. 2020-20, 2020/Ord. 2022-30 § 1, 2022)
A. 
A request for absentee ballot, signed by the voter under penalty of perjury, may be made:
1. 
On a form provided by the City Clerk to the voter upon request; or
2. 
In a signed, written request that includes:
a. 
The voter's name and home address;
b. 
A certification that the voter is registered to vote and is a resident of the City; and
c. 
The address to which the absentee ballot is to be mailed or delivered, if different from the voter's home address.
B. 
A request for a mailed absentee ballot must be received by the City Clerk no later than 4:00 p.m. on the seventh calendar day preceding election day.
(prior code §§ 4D-21, 4D-22/Ord. No. 2009-22, 5-18-2009/Ord. 2015-28, 2015/Ord. 2020-7, 2020/Ord. 2020-20, 2020/Ord. 2022-30 § 1, 2022)
A. 
A voter may authorize an agent to pick up and deliver an absentee ballot.
B. 
An agent of a voter:
1. 
Must be at least 16 years of age;
2. 
Must not be a candidate or an agent of any candidate in that City election;
3. 
Must not be the voter's employer or an agent of the employer;
4. 
Must not be an officer or agent of the voter's union;
5. 
Shall be designated as the agent of the voter in writing signed by the voter under penalty of perjury; and
6. 
Shall execute a certification under penalty of perjury that the ballot was delivered to the voter who submitted the request, was marked and placed in a sealed envelope by the voter, or with permitted assistance, in the agent's presence, and was returned to the City Clerk by the agent.
C. 
Any voter who requires assistance in casting an absentee ballot by reason of disability, inability to write, or inability to read the ballot may be given assistance by an agent of the voter. An agent giving assistance to a voter pursuant to this subsection shall include a certification of assistance to be included with the absentee ballot.
(Ord. No. 2009-22, 5-18-2009/Ord. 2015-28, 2015/Ord. 2020-7, 2020/Ord. 2022-30 § 1, 2022; Formerly 5.20.035)
A. 
Upon receipt of a request for an absentee ballot containing a voter's certification, the City Clerk shall determine if the requestor is qualified to vote in the City election for which the absentee ballot is requested.
B. 
If the requestor is a qualified voter in the City, the City Clerk shall promptly deliver or mail the absentee ballot to the requestor.
1. 
Postage for transmitting and return of the absentee ballot material shall be paid by the City.
2. 
The City Clerk shall endeavor to send the absentee ballots to applicants not later than five days before the election date.
C. 
The City Clerk shall keep a full record of absentee voting, including for each absentee voter:
1. 
The date of receipt of the request for an absentee ballot;
2. 
The name and home address of the voter;
3. 
The action taken with regard to the request;
4. 
The date of issuance of an absentee ballot;
5. 
If mailed, the address to which the absentee ballot is sent;
6. 
The date and time of the receipt of the voted absentee ballot; and
7. 
Any other information deemed necessary.
Such absentee voting record shall be available for public review during the normal office hours of the City Clerk.
D. 
Only one absentee ballot shall be issued to a voter unless the City Clerk has reasonable grounds to believe that the absentee ballot previously issued to the voter has been lost, destroyed or spoiled.
(prior code § 4D-23/Ord. No. 2009-22, 5-18-2009/Ord. 2015-28, 2015/Ord. 2020-7, 2020/Ord. 2022-30 § 1, 2022)
A. 
Prior to any City election, the City Clerk shall print or cause to be printed an adequate number of absentee ballot request forms, absentee ballots, envelopes and instructions for absentee voters.
B. 
The form and arrangement of all absentee ballot request forms, absentee ballots, ballot instructions, covering envelopes, ballot envelopes, and return envelopes shall be as determined by the Takoma Park Board of Elections.
C. 
At all times, the City Clerk shall ensure adequate procedures are in place to safeguard the absentee ballots.
(prior code § 4D-24/Ord. No. 2009-22, 5-18-2009/Ord. 2015-28, 2015/Ord. 2020-7, 2020/Ord. 2022-30 § 1, 2022)
A. 
No absentee ballots shall be tabulated before the official closing of the polls on election day.
B. 
An otherwise legally sufficient absentee ballot shall be tabulated only if it is:
1. 
Postmarked with a date that is no later than election day; and
2. 
Received via mail by the City Clerk before 5:00 p.m. on the fifth business day after election day; or
3. 
Received by other means established by the City Clerk; provided, that the absentee ballots received by other means are received prior to the closing of the polls on election day.
An absentee ballot that does not meet these requirements shall not be counted.
C. 
An absentee ballot shall be rejected if:
1. 
The election judges determine the voter died before election day;
2. 
The voter failed to sign the oath on the ballot envelope;
3. 
More than one absentee ballot was received from the same voter for the same City election in the same ballot envelope; or
4. 
The election judges determine that the absentee ballot is intentionally marked with an identifying mark that is clearly evident and placed on the ballot for the purpose of identifying the ballot.
D. 
If more than one legally sufficient absentee ballot is received in separate envelopes from the same voter, then the election judges shall count only the first legally sufficient ballot and shall reject any other absentee ballot received from the voter.
E. 
All absentee voters' requests, ballot envelopes and ballots shall be retained by the City Clerk for three months after the date of the election and may then be destroyed, unless prior to that time the City Clerk is ordered by a court of competent jurisdiction to keep the same for any longer period.
(prior code § 4D-25/Ord. No. 2009-22, 5-18-2009/Ord. 2015-28, 2015/Ord. 2020-7, 2020/Ord. 2020-20 (part), 2020/Ord. 2022-30 § 1, 2022)
A violation of this chapter is a Class B municipal infraction offense.
(prior code § 4D-27/Ord. No. 2009-22, 5-18-2009/Ord. 2015-28, 2015/Ord. 2020-7, 2020/Ord. 2022-30 § 1, 2022)