[Amended 6-17-2010 by Ord. No. O-10-10; 12-19-2019 by Ord. No. O-19-16]
A.
For each election, the Board shall establish the official ballot
after issuing a certificate of candidacy to all qualified candidates
who filed a declaration of candidacy. The ballot shall be in a form
that provides a "voter-verifiable paper record."
B.
The Board shall arrange to have printed a supply of ballots that
is sufficient, in its judgment, to allow each voter attempting to
vote in each election to cast a ballot. The Board may but is not required
to use the formula adopted by the State of Maryland for this purpose.
[Amended 6-17-2010 by Ord. No. O-10-10; 6-16-2016 by Ord. No. O-16-5; 12-19-2019 by Ord. No. O-19-16]
A.
Form of official ballot. Only the name identified in the candidate's
certificate of candidacy issued by the Board shall be used on the
official ballot. The candidates for Mayor shall be listed first, in
alphabetical order by their surname. The candidates for Town Council
shall be listed after those for Mayor, and shall be listed in alphabetical
order by their surname. The form of the ballot shall give each voter
the opportunity to clearly indicate his or her choice for Mayor or
Town Councilperson without exceeding the number of candidates to be
elected for each election contest.
B.
Materials that are the subject of a referendum petition may be added to an official ballot described in Subsection A above or be placed on a separate ballot (for special elections). The ballot will list the question described in the petition for referendum and clearly identify the voter's choices.
C.
Specimen ballots. The Board shall use the form of the official ballot
to create a specimen ballot, on which shall be clearly printed the
words "Specimen Ballot." The specimen ballot can be used by the Board
and election judges to demonstrate the form of the ballot prior to
and on the day of the election.
[Amended 12-19-2019 by Ord. No. O-19-16]
The Board is authorized to use optical scanners provided by
the Calvert County Board of Elections to scan and tabulate paper ballots
to record the vote of some or all voters. The Board is also authorized
to use electronic voting machines that provide a voter-verifiable
paper record for each voter.
The Town Council shall provide a suitable room with booths or
segregated stations, to which each voter may retire alone for the
purpose of marking his ballot or use a voting machine, so that his
vote may be made in private.
Any voter may take with him into the polling place any written
or printed memorandum or paper to assist him in marking or preparing
his ballot, including a sample ballot.
A.
In general. If an individual is eligible to vote under Subsection B of this section, the individual shall be issued and may cast a provisional ballot at a polling place on election day.
B.
Eligibility. An individual is eligible to cast a provisional ballot
if the individual signs an oath affirming his registration as a voter
and:
[Amended 6-16-2016 by Ord. No. O-16-5]
(1)
The individual's name does not appear on the register;
(2)
The individual is not eligible to vote a regular ballot;
(3)
The individual does not have the necessary identification;
(4)
Someone challenges the individual's right to vote; or
(5)
The individual is voting during Board- or court-ordered extended
election hours.
The Board shall maintain a full record of provisional ballot
voting in the Town, including, for each voter who votes using a provisional
ballot, the action taken with regard to the registration and any other
information specified by the Board. All information specific to a
voter, including his vote, shall be confidential.
[Amended 6-17-2010 by Ord. No. O-10-10; 6-16-2016 by Ord. No. O-16-5]
Before an individual casts a provisional ballot, the individual
shall complete a provisional ballot application prescribed by the
Board. The application shall be under oath or affirmation. The election
judge issuing the provisional ballot shall give the individual written
information advising the individual that, and describing how, the
individual will be able to ascertain whether the vote was counted
and, if it was not counted, the reason it was not counted.
The contents of a provisional ballot issued to a voter shall
be identical to the official ballot.
[Amended 12-19-2019 by Ord. No. O-19-16]
An individual given a provisional ballot shall mark his ballot
as he would any other official ballot, and shall then place the provisional
ballot in a ballot envelope given to him by the election judge. The
envelope shall be sealed and then attached to the provisional ballot
application.
A.
In general. Following an election, the Board shall meet at its designated
counting center to canvass the provisional ballots cast in that election.
[Amended 12-19-2019 by Ord. No. O-19-16]
B.
Time for opening provisional ballots. The Board may not open the
envelope of a provisional ballot until the Board has approved the
provisional ballot application.
[Amended 12-19-2019 by Ord. No. O-19-16]
C.
Approval or rejection of provisional ballot applications. Based upon
the information provided by the provisional ballot application, the
Board, by a majority vote with respect to each application, shall
determine if the individual applicant was qualified to vote a provisional
ballot. For the purposes of this section, an individual is qualified
to cast a provisional ballot if the Board determines that:
[Amended 6-16-2016 by Ord. No. O-16-5; 12-19-2019 by Ord. No. O-19-16]
(1)
The individual is registered and qualified to vote in the Town election
or the individual is registered to vote elsewhere in Maryland but
now resides in and is entitled to register in Chesapeake Beach; or
(2)
If the provisional ballot was cast because the voter failed to provide
required identification, the individual who cast the provisional ballot
has met the identification requirements established by the Board;
and
(3)
If the provisional ballot was cast during a period covered by a court
order or other order extending the time for closing the polls, the
order has not been invalidated by a subsequent court order.
(4)
If the voter was added to the Maryland universal registration system
using the "same day registration" process during the period during
which the Town registration was closed for the election.
D.
Rejection of provisional ballots. If the Board has approved a provisional
ballot application, the Board shall then open the envelope and review
the sufficiency of the provisional ballot.
(1)
The Board may not reject a provisional ballot except by a majority
vote.
(2)
The Board shall reject a provisional ballot if:
(a)
The individual cast more than one ballot for the same election;
(b)
The Board determines that a provisional ballot is intentionally
marked with an identifying mark that is clearly evident and placed
on the ballot for the purpose of identifying the ballot; or
(c)
The intent of the voter is not clearly demonstrated by the provisional
ballot.
(3)
If the intent of the voter with respect to a particular contest is
not clearly demonstrated, the Board shall reject only the vote for
that contest.
(4)
If the Board accepts the sufficiency of the provisional ballot, the
votes on that ballot shall be counted.
E.
Confirmation by voter.
[Amended 6-17-2010 by Ord. No. O-10-10]
(1)
The Board shall establish a system by which any individual who casts
a provisional ballot may determine, without any fee or expense to
the individual, whether his ballot was counted as a vote and, if not
counted, the reason it was not counted.
[Amended 6-17-2010 by Ord. No. O-10-10]
Any registered and qualified voter desiring to vote at any election
as an absentee voter shall make an application in writing to the Board
for an absentee ballot. An individual may vote by absentee ballot
except to the extent preempted under an applicable federal law.
A.
Application. An application for an absentee ballot, signed by the
voter, may be made:
(1)
On a form produced by the Board and supplied to the voter;
[Amended 6-17-2010 by Ord. No. O-10-10]
(2)
On a form provided under federal law; or
(3)
In a written request that includes:
(a)
The voter's name, date of birth and residence address; and
[Amended 6-16-2016 by Ord. No. O-16-5]
(b)
The address to which the ballot is to be mailed, if different
from the residence address.
(c)
If the voter is not registered to vote in Chesapeake Beach, the address
at which the voter is registered.
[Amended 6-16-2016 by Ord. No. O-16-5]
B.
Deadline for receipt of application. Except for a late application under Subsection C of this section, an application for an absentee ballot must be received by the Board no later than the close of business of the Tuesday preceding the election.
[Amended 6-17-2010 by Ord. No. O-10-10]
C.
Late application.
(1)
Beginning on the Wednesday 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
Town Hall.
(2)
A special application for an absentee ballot issued under this subsection
shall be supplied by the Board, or its designee, to the voter or the
voter's duly authorized agent.
[Amended 6-17-2010 by Ord. No. O-10-10]
(3)
The application shall be made under penalty of perjury but without
a formal oath.
(4)
After review of the application, the Board shall issue an absentee
ballot to the voter or the voter's duly authorized agent.
[Amended 6-17-2010 by Ord. No. O-10-10; 6-16-2016 by Ord. No. O-16-5]
[Amended 6-17-2010 by Ord. No. O-10-10]
The form of absentee ballots, ballot envelopes, return envelopes,
and instructions to voters shall be prepared and approved by the Board.
The absentee ballot shall include instructions prescribed by the Board.
[Amended 6-17-2010 by Ord. No. O-10-10; 6-16-2016 by Ord. No. O-16-5]
A.
Review of application. Application for absentee ballots
will be received by the Town Clerk at Town Hall. Upon receipt, the
Town Clerk will verify that the applicant's address is located within
Chesapeake Beach. If the address is within the Town, the application
will be approved. If the address is not within the Town, the application
will be rejected. The Town Clerk will forward all applications to
the Board of Elections for action and retention.
B.
Transmittal of ballot. If the ballot is approved, the Board, through
the Town Clerk, shall send the ballot:
C.
Verification of registration. The Board of Elections will verify that each applicant for an absentee ballot is on the Town of Chesapeake Beach registry. If not listed on the registry, the absentee voter's ballot, once received, will be held until Election Day and canvassed as a provisional ballot in accordance with § 22-40 of this chapter.
D.
E.
Number of ballots issued to a voter. Not more than one absentee ballot
may be issued to a voter unless the Board or its designee has reasonable
grounds to believe that an absentee ballot previously issued to the
voter has been lost, destroyed, or spoiled.
A.
Use authorized. A qualified applicant may designate a duly authorized
agent to pick up and deliver an absentee ballot under this article.
B.
Qualifications of agent. An agent of the voter under this section:
A.
In general. A voter who requires assistance in casting an absentee
ballot by reason of disability, inability to write, or inability to
read the ballot may be assisted by any individual other than:
B.
Certification of assistance. An individual rendering assistance under this section shall execute a certification that the person is not disqualified under Subsection A of this section and that he or she has followed the instructions relevant to giving assistance in the marking of absentee ballots.
[Amended 6-17-2010 by Ord. No. O-10-10]
[Amended 12-19-2019 by Ord. No. O-19-16]
A.
The Board shall verify that each voter that submitted an absentee
ballot did not vote in person on election day.
[Amended 7-20-2023 by Ord. No. O-23-19]
B.
Within 48 hours after polls are closed, the Board, judges selected
by the Board, and official challengers will meet at a prearranged
time and location to count absentee ballots.
C.
When directed by a Board member, an absentee ballot may be removed
from the ballot envelope that is signed by the registrant and shall
be placed in a box designated specifically for paper ballots. Ballots
shall be removed from the box at random for hand-counting and recording
of the vote. If available, the use of a ballot scanner/tabulator is
authorized for absentee ballots in lieu of or in addition to hand-counting.
D.
No person shall be permitted to cast more than one ballot of any
nature, and the Board shall reject any envelope which contains more
than one ballot or any ballot envelope of any qualified voter who
has already voted.
[Amended 6-17-2010 by Ord. No. O-10-10]
All absentee ballots must be received by the Board no later
than the closing of the polls on election day. If an absentee ballot
is not received prior to the closing of the polls, the ballot shall
not be counted.
