[HISTORY: Derived from 1988 Codified Ordinances
of the Mayor and City Council. Amendments noted where applicable.]
GENERAL REFERENCES
Elections — See Charter Secs.
5 through 16.
A.
It shall be the duty of the Director of Administration
or his/her designee to enter in alphabetical order upon the registry
book the name of every person appearing before him at the prescribed
time and requesting to be registered, provided he shall be satisfied
by the oath of said person or otherwise that he is a citizen of the
United States above the age of 18 years and has the other qualifications
required by this chapter for voters of the City, and the Director
of Administration shall have power to administer the oath required
by this section.
B.
Within 10 days after the expiration date for registration,
the Board of Election Supervisors shall review the list, striking
therefrom the names of all persons who are dead, who have removed
from the City or who are otherwise disqualified as voters, and within
one week thereafter they shall post on the bulletin board at the City
Hall a list of names that have been stricken from the registration
books as well as a list of the new names added thereto. The Board
shall mail a notice to the address of each person on the list of persons
to be stricken from the voter registration list advising them to appear
before the Board at a specified time and date, which shall be within
one week of the mailing of said notice, to show cause why his or her
name should not be stricken from the voter registration list.
C.
Any person feeling aggrieved by the action of the
Director of Administration in registering or refusing to register
the name of any person as aforesaid, or by the Board of Election Supervisors
in striking out or in refusing to strike out the name of any person,
as aforesaid, shall have the right of a hearing before the City Council
which shall have the power to determine the matter.
A.
It shall be unlawful for the Director of Administration
or any authorized Deputy to fraudulently register or fraudulently
permit to be registered in any registry of voters in his charge as
officer of registration any person who is not entitled to be registered
therein as a qualified voter.
B.
It shall be unlawful for any person not authorized
to register voters to inscribe the name of any person as a qualified
and registered voter in any registry of voters.
C.
It shall be unlawful for the Director of Administration
or any authorized Deputy to fraudulently refuse or omit to register
or fraudulently misspell in any registry of voters the name of any
person entitled under the provisions of this chapter to have his name
inscribed in such registry of voters.
D.
It shall be unlawful for the Director of Administration
or any authorized Deputy to fraudulently strike from the registry
of voters in his charge as an officer of registration the name of
any qualified and registered voter entitled to remain inscribed upon
such registry of voters.
E.
It shall be unlawful for any person to fraudulently
strike from any registry of voters the name of any person therein
inscribed as a qualified and registered voter.
It shall be unlawful for any person to fraudulently
register or attempt to register in the name of any other person living
or dead, or under any fictitious name or cause himself to be registered
or attempt to cause himself to be fraudulently registered, knowing
that he has not the right to be registered, or by force, threat, menace,
intimidation or other unlawful means prevent, hinder or endeavor to
prevent any person having a lawful right to register from fully exercising
such right, or compel, or endeavor to compel, by such means, any officer
of registration to admit to registration of any person not legally
entitled thereto, or interfere with any officer of registration in
the discharge of his duties or make any assault or commit any assault
and battery or incite or create a riot or any breach of the peace
at or near to any place of registration.
It shall be unlawful for the Director of Administration
or, any member of the Board of Election Supervisors, any officer of
registration or judge of elections to lose any registry of voters
which may be in his or their charge or custody or willfully destroy,
mutilate, deface, falsify or fraudulently remove or secrete any registry
of voters, or fraudulently make any false entry in or false copy of
any registry of voters or part thereof or fraudulently make any entry,
erasure or alteration in any registry of voters or part thereof.
The Board of Election Supervisors shall furnish
the Director of Administration the registry books of the City for
the purpose of registration, the custody of which is to remain with
the Manager and the safekeeping of which he is responsible for.
[Amended 3-5-2018 by Ord.
No. 998]
A notice of candidacy shall be completed in the presence of
the Director of Administration or an authorized Deputy who shall be
empowered to administer an oath, and the person filing for office
shall swear or affirm under penalty of perjury that the information
supplied is true and correct. A nonrefundable filing fee of $50 for
a City Council seat and $100 for Mayor shall be paid to the Director
of Administration at the time of filing a notice of candidacy.
The method of casting and marking ballots, the
powers and duties of the voters in relation thereof and the rendering
of assistance to physically disabled voters shall be as determined
by the Mayor and City Council from time to time.
The voting machines utilized by the Board of
Election Supervisors in the conduct of City elections shall meet all
of the requirements of state law.
Each candidate for office shall be entitled
to designate in writing one challenger who shall be a registered voter
of the City and who shall be permitted to be present at the polling
place from the time the polls are opened until the polls have been
closed, the votes have been counted and the results ascertained. Each
candidate may designate substitute challengers, but only one such
challenger will be permitted within the polling place at any one time.
No such challenger shall inquire of any voter as to what candidate
or candidates said voter may intend to vote for, or may have voted
for, or to confer or converse in the polling place with any voter
or to aid or assist said voter in the preparation of his ballot.
It shall be unlawful to falsely impersonate
any voter and vote or attempt or offer to vote in or upon the name
of such voter; to vote or attempt to vote in or upon the name of any
other person whether living or dead, or in or upon any false assumed
or fictitious name, or in or upon any name not his own; to knowingly,
willfully or fraudulently vote more than once for any candidate for
the same office, except as authorized by law; to vote or attempt or
offer to vote without being registered therein as a legal voter; to
vote more than once, or having once voted, vote, or attempt or offer
to vote again; to knowingly, willfully or fraudulently do any unlawful
act to secure for himself or for any other person a right or opportunity
to vote; to, by force, threat, menace, intimidation, bribery or reward,
or offer or promise thereof, or otherwise unlawfully, either directly
or indirectly, influence or attempt to influence any voter in giving
his vote; to prevent or hinder, or attempt to prevent or hinder, any
qualified voter from freely exercising the right of suffrage, or by
any such means induce or attempt to induce any voter to exercise any
such right; to compel or induce or attempt to compel or induce any
judge of election, or other officer of election, to receive the vote
of any person not legally qualified or entitled to vote at the said
election; to knowingly, willfully or fraudulently interfere with,
delay or hinder in any manner any judge of election, poll clerk or
other officer of election in the discharge of his duties; to, by any
such means, or other unlawful means; to knowingly, willfully or fraudulently
counsel, advise, induce or attempt to induce any judge of election,
poll clerk or other officer of election whose duty it is to ascertain,
proclaim, announce or declare the result of any such election; to
give or to make any false certificate, document, report or other false
evidence in relation thereto, to refuse or neglect to comply with
his duty; to violate any law regulating the same; to receive the vote
of any person not entitled to vote, or to refuse to receive the vote
of any person entitled to vote; to aid, counsel, advise, procure or
assist any voter, person or judge of election or other officer of
election to do any unlawful act or to omit to do any act by law directed
to be done.
In canvassing votes cast, the judges shall conform
to the procedure provided by law in the instance of state and county
elections. Upon the completion of the canvass, the judges shall make
out and sign two duplicate copies of a statement of return of the
result of the canvass on forms provided by the Board of Election Supervisors,
which forms shall immediately be placed in sealed envelopes. The judges,
no later than 10:00 a.m. on the morning following the election day,
shall deliver one copy of such statement or return to the President
of the Board of Election Supervisors and deliver the other copy thereof
to the Director of Administration, together with all tally sheets
and other records of the election for safekeeping by the Director
of Administration.
The Board of Election Supervisors shall meet
at the City Council Chamber at the hour of 12:00 o'clock noon on the
day next succeeding the day of election; and from the statement return
filed with them as hereinbefore provided by the judges of election,
they shall proceed to canvass the number of votes cast at said election,
and shall declare and proclaim the result of said election; and they
shall prepare and file with the Director of Administration, addressed
to the Mayor and City Council, a written statement signed by them
or a majority of them of the result of said election. The said Board
of Election Supervisors shall have jurisdiction to hear and determine,
under such rules and regulations as the Mayor and City Council may
by ordinance prescribe, all contested City elections, and any party
to such contest may, within 10 days after such determination by said
Board, appeal to the Circuit Court for Harford County.
A.
The Board of Election Supervisors shall, at least
four days prior to the day of election, cause an accurate sample copy
of the official paper ballot to be posted in four or more public places
in the City, said sample copies to be printed on cardboard, and at
least one of said sample copies shall be placed on the exterior of
the building in which the election is to be held.
B.
Ballots for absentee voting shall be provided for
those persons meeting the criteria set forth in the state law governing
state and county elections. The procedures for processing applications,
casting ballots and canvassing of ballots shall conform to the standards
set forth in state law for state and county elections except as may
be modified by the Mayor and City Council. Absentee ballots and the
related forms may be reproduced by photocopying or offset printing
as the Board of Election Supervisors may determine appropriate.
Ballots shall be printed and in the possession
of the Board of Election Supervisors at least five days before election
day, and a correct list of the names of the candidates thereon with
the designation of the office for which the persons are candidates
shall be furnished by said Board of Election Supervisors to any qualified
voter on demand. It shall be the duty of the said Board of Election
Supervisors to correct immediately any mistakes that may be discovered
in said ballot without delay.
If the voters of the City of Havre de Grace
fail to elect a Mayor or City Councilman because two or more candidates
receive equal numbers of votes, a new election shall be ordered by
the Board of Election Supervisors.
In any case where a new election is ordered
by the Board of Election Supervisors, the following procedures shall
be followed:
Any new election ordered pursuant to the terms
of this chapter shall be conducted in the same manner as regularly
scheduled elections of the City of Havre de Grace, except to the extent
that provisions relating to regular elections are inconsistent herewith.
Any person convicted of committing any unlawful
act as provided in this chapter shall be guilty of a misdemeanor.
If any unlawful act is continuing, then each day during which such
violation continues shall be considered a separate offense. In addition
to any criminal penalty which may be imposed, all the provisions of
this chapter may be enforced by petition for injunction filed on behalf
of The Mayor and City Council of Havre de Grace.
