[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of ballots, was repealed 3-4-1996 by Ord.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]
[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.
