[Adopted 1-7-1980 by Ord. No. 112]
Any qualified voter registered in the Town is entitled to vote in any general or special Town election by absentee ballot.
[1]
Editor's Note: Former § 10-5, Preparation of ballots, was repealed 3-4-1996 by Ord. No. 1996-1.
[Amended 3-4-1996 by Ord. No. 1996-1]
Anyone desiring to vote by absentee ballot may apply to the Town Clerk or the Clerk's designated representative. The application must be made in writing and may be delivered in person, by mail or by messenger. The application shall state the voter's home address. Thereupon, the Town Clerk, or designated representative, upon being satisfied that the applicant is a registered voter, shall personally deliver, send by messenger or mail to the applicant one of the ballots so prepared, upon which the Town Clerk shall affix, by a stamp to be provided by the Board of Supervisors of Elections, the legend "Absentee Ballot." The Town Clerk or designated representative shall also provide a plain envelope for the completed ballot, one letter of instructions and one outer envelope. The outer envelope shall contain the statement, "I, (TOWN CLERK shall enter voter's name), do hereby swear or affirm I am a voter legally qualified to vote in the election to be held for the Town of Mount Airy on (date of election); that I am legally registered in the Town of Mount Airy; that the within ballot was by me secretly marked, enclosed and sealed in this ballot envelope; that I am not now disqualified from voting." The voter shall sign this statement. Said envelope shall also contain on its face a statement to the effect that the ballot shall only be counted if it is delivered in person or by messenger to the Town Clerk, the Clerk's designated representative or the Board of Supervisors of Elections on or before the close of the polls on the date of the election or is mailed to the attention of the Board of Supervisors of Elections, Town Hall, Town of Mount Airy, in sufficient time to have actually been received prior to the close of polls on the election date.
[Amended 8-5-2013 by Ord. No. 2013-11]
The Board of Supervisors of Elections shall not open or unfold the absentee ballots at any time prior to the closing of the polls and the beginning of the tallying of the votes. Following the closing of the polls, the Board of Supervisors of Elections shall separately count and certify all absentee ballots received prior to the closing of the polls. No such ballot shall be rejected except for the unanimous vote of the entire Board. All such ballot envelopes and ballots shall be kept separate and apart from ballots cast at the regular voting places and shall be preserved for at least six months from the date of the election.
Any absentee ballot voted for a person who has ceased to be a candidate shall not be counted for such candidate but such vote shall not invalidate the remainder of such ballot.
Whenever the Board shall determine that any person who has voted by absentee ballot died before the day of the election the Board shall not count the ballot.
[Amended 3-4-1996 by Ord. No. 1996-1]
If there is more than one absentee ballot in the envelope, all shall be rejected.
[Amended 8-5-2013 by Ord. No. 2013-11; 5-1-2023 by Ord. No. 2023-14]
Any person who has obtained an absentee ballot and envelope may nonetheless vote in person, provided that he shall present said absentee ballot and envelope and that the same are destroyed in the presence of at least two members of the Board of Supervisors of Elections, which fact shall be noted by the Town Clerk on a list to be maintained by him of all absentee ballots issued. If a person has been issued an absentee ballot and at the time the person arrives at the polling place the absentee ballot has not been returned, the person shall be permitted to cast a provisional ballot pursuant to § 10-21.1 below, and if the absentee ballot arrives prior to closing of the polls, the person's absentee ballot shall be voided.
Contests concerning the validity of any absentee ballot shall be decided by the Board of Supervisors of Elections. No ballot shall be rejected except by unanimous vote of the entire Board. Any candidate or absentee voter aggrieved by any decision or action of the Board shall have the right of appeal to the Circuit Court for Carroll County to review such decision. Such appeal shall be governed by the Maryland Rules of Procedure.
Under no circumstances shall the Town Clerk deliver or mail more than one absentee ballot or envelope to the same person.
It shall be unlawful for anyone to apply for or seek an absentee ballot in any name other than his own or to attempt in any manner to obtain more than one absentee ballot. Violation of this section is a misdemeanor.
[Added 3-4-1996 by Ord. No. 1996-1; amended 9-3-2002 by Ord. No. 2002-8]
A. 
Polls shall open no later than 7:00 a.m. and close no earlier than 8:00 p.m.
B. 
The Board is authorized to adopt, in writing, reasonable rules and regulations, not inconsistent with the Charter or this article, with respect to the duties imposed upon it by law.
[Added 9-3-2002 by Ord. No. 2002-8]
A. 
The Board of Supervisors of Elections shall apply the following procedures if two or more candidates for Council receive the same number of votes for the same office:
(1) 
If the tie is among two candidates who received the most votes, or in a three-person race among two candidates who received the second most votes, the tied candidate will be certified elected, except that no more persons may be certified elected than the number of positions available in the election.
(2) 
If the tie is among three candidates who received the most votes cast in a three-person race, those tied candidates shall be certified as elected, except that no more persons may be certified elected than the number of positions available in the election.
(3) 
If the tie is among candidates for which fewer positions are available than those receiving the same votes, but for whom at least one position would be available, those candidates with the same vote totals shall participate in a special run-off election to be held no later than the fourth Tuesday in May under the same rules governing the general election, except that the ballots shall contain only the names of the tied candidates. In other respects the special election shall be held at times and under rules and regulations to be provided by the Council and/or Board. Absentee ballots shall be permitted. Candidates elected shall take the oath of office at a public meeting no later than the first Monday in June.
B. 
The Board of Supervisors of Elections shall apply the following procedures if two or more candidates for Mayor receive the same number of votes:
(1) 
If the tie is among two or more candidates receiving the most votes, those candidates receiving the most votes shall participate in a special run-off election to be held no later than the fourth Tuesday in May under the same rules governing the general election, except that the ballots shall contain only the names of the tied candidates. In other respects the special election shall be held at times and under rules and regulations to be provided by the Council and/or Board. Absentee ballots shall be permitted. The candidate elected shall take the oath of office at a public meeting no later than the first Monday in June.
[Added 9-3-2002 by Ord. No. 2002-8; amended 8-5-2013 by Ord. No. 2013-11]
No person shall canvass, electioneer or post any campaign material, or other handouts of any kind, in any polling place or within a radius of 100 feet from any entrance and exit of the building where votes are cast.
[Added 9-3-2002 by Ord. No. 2002-8]
Candidates shall not run for office as the representative of or nominee of any political party.
[Added 9-3-2002 by Ord. No. 2002-8; amended 8-5-2013 by Ord. No. 2013-11]
Instructions to voters, including a sample copy of the ballot listing the first and last names of all nominated candidates and the offices sought, shall be published in a local newspaper of general circulation within the Town of Mount Airy at least two weeks before a general Town election. Such instructions shall also be posted prominently at the polling place.
[Added 9-3-2002 by Ord. No. 2002-8; amended 8-5-2013 by Ord. No. 2013-11]
The date and times for any special election as well as the location of the polling place, along with instructions to voters, including a sample copy of the ballot listing the first and last names of all nominated candidates and the offices sought, shall be published in a local newspaper of general circulation within the Town of Mount Airy at least two weeks before the date and time of the special election. Instructions shall also be posted prominently at the polling place.
[Added 9-3-2002 by Ord. No. 2002-8; amended 8-5-2013 by Ord. No. 2013-11]
A. 
Instructions. The Board of Elections or elections clerks, if requested by the voter, shall instruct each such voter, before he or she enters the voting booth, regarding the casting of such voter’s ballot, and shall give the voter opportunity to personally operate a voting device if requested.
B. 
Physical assistance. The Board of Supervisors of Elections or elections clerks shall provide reasonable assistance to voters who, due to physical infirmity, have difficulty voting, but may not leave the polling place in order to do so.
C. 
Assistance to certain persons. Any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write the English language may be given assistance by a person of the voter’s choice, not to include the voter’s employer or agent of that employer or any candidate for office. A voter may not be accompanied into a voting booth or voting machine by any person over the age of 11 years unless assistance is requested and is required by reason of blindness, disability or inability to read or write the English language.
D. 
Assistance in casting votes. Assistance in casting votes shall be given to voters who declare under penalty of perjury that by reason of blindness, disability or inability to read or write the English language they are unable, without assistance, to cast their vote. The only assistance that shall be given is to cast the vote as the voter shall direct, without any prompting or suggestion.
E. 
Ballots shall not be taken from the polling place except by the Board of Supervisors of Elections.