[Amended 7-10-2007 by Ord. No. 07-O-06; 9-11-2012 by Ord. No. 12-O-07; 9-11-2018 by Ord. No. 18-O-09]
Polling places for Election Day shall be designated by the Supervisors of Elections with the approval of Mayor and Council and shall remain open from 7:00 a.m. to 8:00 p.m. The polling places and hours for one or more early voting days shall be designated by the Supervisors of Elections with the approval of Mayor and Council. All qualified voters who are waiting in line to vote at the time of the official closing of the polls shall be permitted to vote.
[Amended 1-11-2005 by Ord. No. 04-O-11; 7-10-2007 by Ord. No. 07-O-06; 9-11-2018 by Ord. No. 18-O-09]
Applicability of state law. The procedures and provisions of §§ 9-301, 9-302, 9-303, excluding § 9-303(c), 9-306, excluding § 9-306(b)(2) and (3), 9-307, 9-308, 9-309, 9-310 and 11-302 of the Elections Article of the Annotated Code of Maryland, as amended, are hereby incorporated, with the exception that those terms referring to "Baltimore City" or "county" or "state" or an agency, board or department thereof shall be construed to refer to the City of College Park or its counterpart agency, board or department, as the case may be.
Qualifications for absentee voting. Any qualified voter registered to vote in the elections of the City of College Park is entitled to vote by absentee ballot.
Applications for absentee ballots.
Application. An application for an absentee ballot signed by the voter may be made:
On a form produced by the Supervisors of Elections and supplied to the voter on request; or
On a form provided under federal law; or
In a written request that includes:
The voter's name and residence address;
The voter's date of birth;
The address to which the ballot is to be mailed, if different from the residence address; and
Maryland driver's license or ID card number.
Last four digits of social security number.
Date on which the voter moved to the current address.
Deadline for receipt of application. Except for a late application under Subsection C(2)(a) of this section, application for an absentee ballot must be received by the Supervisors of Elections not later than the Tuesday or, if not on Tuesday, seven days preceding the election, at the time specified by the Supervisors of Elections.
Beginning six days preceding the election, through the closing of the polls on Election Day, a registered voter or the voter's duly authorized agent may apply in person for an absentee ballot at the City Clerk's office.
A special application for an absentee ballot issued under this subsection shall be supplied by the Supervisors of Elections or the City Clerk to the voter or the voter's duly authorized agent.
After review of the application, if the Supervisors of Elections find that the voter qualifies for absentee voting, the City Clerk shall issue an absentee ballot to the voter or the voter's duly authorized agent.
[Amended 4-14-2009 by Ord. No. 09-O-02]
In the event that an election results in a tie vote for Mayor or Councilperson, a runoff election shall be conducted as provided in the Charter. The same rules and procedures that apply to regular elections shall apply to runoff elections, with the following additional provisions:
The election officials appointed for the election that resulted in the tie vote shall continue to serve in that capacity for the runoff election.
Notice of the runoff election shall be given in the usual and customary methods in use by the City and, at minimum, in a newspaper having general circulation in the City.
The voter registration books from the election that resulted in the tie vote shall remain closed until 15 days following the runoff election.
Contests concerning voting or the validity of any ballot in any election shall be decided by the Supervisors of Elections.
No ballot nor the results of any election shall be rejected except by the unanimous vote of the Supervisors who are present.
[Amended 4-14-2009 by Ord. No. 09-O-02]
Any candidate or voter who wishes to contest the results of an election or any matter relating to the validity of a ballot shall give written notice to the City Clerk for the Supervisors of Elections no later than three working days after the date the results of the election are certified to the Council. The written notice shall be signed and made under oath, under the penalty for false statement provided under the City Code. The notice shall include a complete statement of all facts on which the candidate or voter relies to support such election contest.
Upon receiving a notice of election contest, the City Clerk shall immediately refer the notice to the Supervisors of Elections. The Mayor, Council and all candidates potentially affected by the contest shall be notified that an election contest has been submitted.
The Supervisors shall conduct a factual investigation of the contest and shall decide the contest no later than seven days after the receipt of the notice of election contest by the City Clerk. Should the Supervisors fail to render a decision within seven days, the election contest shall be deemed denied. A successful candidate whose election is contested pursuant to this section shall not be sworn in until the contest is approved or denied.
The Mayor, Council, all candidates who were potentially affected by the contest and the person who submitted the election contest shall be immediately notified of the Supervisors' decision. The Supervisors shall provide the City Clerk with a written statement of their decision, and such statement shall be kept on file by the City Clerk as a matter of public record.
Any candidate or voter aggrieved by any decision or action of the Supervisors of Elections shall have the right to appeal such decision or action to the Circuit Court of Prince George's County, and jurisdiction to hear and determine such appeals is hereby conferred upon the Circuit Court. Appeals shall be taken by way of petition filed with the Circuit Court within five days from the date of the decision of the Supervisors and shall be heard de novo and without a jury by the Circuit Court as soon as possible. The decision or action of the Supervisors of Elections shall be implemented by the city pending a determination of such appeal by the Circuit Court.
[Amended 1-11-2005 by Ord. No. 04-O-11; 9-11-2018 by Ord. No. 18-O-09]
No person shall canvass, electioneer or post any political matter, to include information that advocates for or against any candidate or measure on the ballot, in any polling place or within the boundaries of the parking lot adjacent to the building where ballots are cast or on public property within 100 feet of the entrance to the polling place; provided, however, that the Supervisors of Elections shall designate an area of sufficient size within 100 feet of the entrance to the polls for electioneering and the dissemination of city election-related information. The designated area will be located as close as practicable to the poll entrance but shall not impede access to the polling place and will not require any person to traverse the location in order to access the polling place. Polling places and voting stations shall be frequently cleaned to ensure the removal of candidate literature and paraphernalia.
The provisions of §§ 16-201, 16-202, 16-203, 16-204, 16-205, 16-302, 16-303, 16-304, 16-501, 16-601, 16-701, 16-801, 16-802, 16-803, 16-804, 13-601, and 13-602(a)(1) through (3) of the Election Law Article of the Annotated Code of Maryland, as amended, are hereby made applicable to elections conducted in the City of College Park, except that violations shall be considered municipal infractions and are punishable as provided in § 38-9 of the City Code and Chapter 110, Fees and Penalties.
At the first regular Council meeting after the official canvass after each election, the Supervisors of Elections shall officially report the election results to the Mayor and Council.
[Amended 7-10-2007 by Ord. No. 07-O-06]
Write-in votes for Mayor or Councilperson shall not be accepted or tallied by the Election Supervisors.
In the event that there is no provision in this chapter or the Charter pertaining to a given aspect of elections, then prior city practice or custom shall govern.
Election records and documents shall be maintained by the Board of Election Supervisors until the results of the next regular election have been certified and the challenge period expired. The City Clerk shall maintain all City election records in perpetuity.
[Added 7-10-2007 by Ord. No. 07-O-06; amended 4-14-2009 by Ord. No. 09-O-02]