A.
Powers in general. The Board of Elections shall be responsible for
administering and conducting all Town elections, in accordance with
the requirements of the Town Charter and this chapter. The Board of
Elections shall be responsible for administering the system and procedures
of voter registration, certification of candidacies, canvassing ballots;
declaring and certifying the results of elections, validating petitions
for referendum, preparing and supervising voter education programs,
conducting recounts, adjudicating challenges and election contests,
and enforcing the provisions of Subtitle 6 of the Town Charter and
this chapter. Except as provided for by this chapter, the Board shall
exercise its powers as a body, not as individual members.
[Amended 12-19-2019 by Ord. No. O-19-16]
B.
Specific powers of the Board. In addition to the general powers enumerated in Subsection A above, the Board shall have the following specific powers:
[Amended 6-17-2010 by Ord. No. O-10-10; 12-19-2019 by Ord. No. O-19-16]
(1)
To establish and approve all forms to be used by the Board, election
judges, challengers, official challengers, registrars, registrants,
candidates, and voters during the election process; so long as such
forms are consistent with the requirements of the Town Charter and
this chapter;
(2)
To appoint registrars and election judges;
(3)
To approve of the designation of official challengers and to supervise
their conduct;
(4)
To issue orders, take acts, and command adherence to rulings necessary
to keep the peace, preserve order, and enforce the requirements of
the Town Charter and this chapter during the registration process,
the candidate declaration process, the canvassing, the conduct of
Town elections, and any recount, challenge, or contest proceedings;
(5)
To issue administrative summons for the presence of witnesses before
them for any purpose connected with the Board's authority or duties.
In addition, the Board may seek, obtain, and enforce a summons issued
by a court of competent jurisdiction necessary to achieve any purpose
connected with the Board's authority or duties;
(6)
To order the arrest of any person who commits a breach of Subtitle
6 of the Town Charter or this chapter in the presence of a Board member,
with the assistance of an officer of the law. The Board may also order
the arrest of any person who breaches of an order of the Board, a
registrar, or an election judge. The enumeration of the Board's power
shall not alter or amend the powers of an individual election judge.
It is the duty of all officers of the law to obey an order of the
Board to arrest a person who has interfered with the election;
(7)
To maintain and preserve all records relevant to the election processes
in accordance with the provisions of this chapter, including a registry
of registered voters;
(8)
To make rulings interpreting Subtitle 6 of the Town Charter and this
chapter in actual cases or controversies; and
C.
Powers of individual members of the Board. Each member of the Board
shall have the individual authority to:
[Amended 6-17-2010 by Ord. No. O-10-10]
(1)
Act as a registrar;
(2)
Act as an election judge;
(3)
Answer general voter questions about election-related processes and
forms, except that a member may not give advice to a voter as to how
he or she should cast his or her vote; and
(4)
Supervise the conduct of registrars, election judges, challengers
and official challengers, including other members of the Board acting
in the capacity of registrars and election judges.
The compensation of members of the Board shall be set forth
by the budget ordinance for any year in which they are to be compensated.
Members of the Board shall be reimbursed for reasonable expenses necessary
to conduct their duties, consistent with the Town's reimbursement
policies, procedures and ordinances.
The Town Clerk shall act as Clerk to the Board, providing administrative
support to the Board through his or her efforts or that of the Town
Clerk's designees. The Town Clerk shall serve as the official custodian
of records on behalf of the Board and shall exercise his or her duties
in that capacity under the supervision of the Board.
[Amended 6-17-2010 by Ord. No. O-10-10]
The Board shall be responsible for the preservation of all election
records. All records of the last election shall be maintained at Town
Hall until the next regularly scheduled election. Thereafter, the
Board may store such records as it deems expedient. The Board may
dispose of certain papers, documents, or records only in accordance
with Maryland law and upon 90 days' prior notice to the Town Council
of its decision to dispose of records specified in the notice. The
Board shall only dispose of the records if the Town Council responds
to said notice by declaring, by resolution, of which specified records
the Board may dispose and the conditions upon which the Board may
dispose of such records.
