[Amended 6-17-2010 by Ord. No. O-10-10; 6-16-2016 by Ord. No. O-16-5]
No person is permitted to engage in electioneering, or to campaign,
distribute election-related materials, or post any campaign or referendum
materials (including signs):
[Added 6-17-2010 by Ord. No. O-10-10; amended 6-16-2016 by Ord. No. O-16-5]
A.
Sign requirements. All signs relating to an election or to a candidate
or referendum shall meet the following requirements:
[Amended 12-19-2019 by Ord. No. O-19-16]
(1)
Signs relating to an election or candidate or referendum shall comply
with any Town ordinance generally regulating signs, including any
requirement that the owner obtain a permit;
(2)
Signs relating to an election or candidate or referendum shall comply with the requirements of § 22-28 of this chapter relating to authority lines; and
(3)
Signs relating to an election or candidate or referendum shall not
be placed on public property, except, on election day, signs not attached
to public buildings or other improvements may be placed at a polling
site in designated areas where electioneering is permitted, so long
as such signs do not, in the judgment of the Board, obstruct the view
of drivers passing or entering the polling site.
A.
Board members and judges. Each member of the Board shall serve as an election judge. In addition, the Board may appoint any persons qualified under Subsection B of this section to serve as election judges should it deem it necessary.
[Amended 6-17-2010 by Ord. No. O-10-10; 12-19-2019 by Ord. No. O-19-16]
B.
Qualifications for appointment. An individual can be appointed and
serve as an election judge if the person:
[Amended 6-17-2010 by Ord. No. O-10-10]
C.
Oath. Each election judge shall take an oath of office, administered
by a member of the Board, in the following form: "I, ____________________,
do swear (or do affirm) that I will support the Constitution of the
United States; that I will be faithful and bear true allegiance to
the State of Maryland and support the Constitution and laws thereof;
and that I will be faithful and bear true allegiance to the Town of
Chesapeake Beach, Maryland, and support the Charter and laws thereof;
that I will, to the best of my skill and judgment, diligently and
faithfully, without partiality or prejudice, execute the office of
election judge according to the Charter and laws of Chesapeake Beach;
and that I will not directly or indirectly receive profits or any
part of the profits of any other office during the term of my acting
as an election judge."
[Amended 6-17-2010 by Ord. No. O-10-10]
D.
Duties. Except for the division of duties required by § 22-52, each election judge shall be responsible for supervising the activities in and around the polling place, opening the polls, closing the polls, voter identification and determining voting status, instructing voters, supervising the assistance of voters, maintaining and supervising the use of the voter registry/poll books, official ballots, specimen ballots, ballot boxes, ballot scanners, voting machines, voting booths, supervising challengers and official challengers, making challenges, determining challenges, maintaining decorum, and enforcing the provisions of the Charter and this chapter with respect to matters relevant to the election judge's duties as stated herein.
[Amended 12-19-2019 by Ord. No. O-19-16; 7-20-2023 by Ord. No. O-23-19]
E.
Arrival of judges prior to polls opening. On election day all judges
shall arrive at polling place at least 1/2 hour before the opening
of the polls. At least two Board members acting as election judges
shall be present.
[Amended 7-20-2023 by Ord. No. O-23-19]
F.
In general, after the polls are opened, all election judges will
remain at the polling place until the ballots have been cast and counted
and the statement of vote completed. Exceptions shall be approved
by an Election Board member.
[Amended 7-20-2023 by Ord. No. O-23-19]
G.
Removal. The Election Board shall promptly investigate each complaint it receives regarding the fitness, qualifications, or performance of an individual appointed to be an election judge under Subsection B of this section and shall remove any election judge so appointed who is unfit or incompetent for the office.
H.
Power of arrest. Each election judge has the authority to keep the
peace, and to cause any person to be arrested who has committed any
breach of the election laws or who has interfered with the conduct
of the election or the counting of the ballots. It is not necessary
that a majority of the election judges concur in the arrest; each
judge has his or her own authority to order an arrest. It is the duty
of all officers of the law to obey the order of any election judge
to arrest a person who has interfered with the election or to prevent
a person from interfering with the legal election processes.
A.
Division of duties. One election judge shall handle the registry
(electronic poll books and/or paper copy), one judge shall handle
ballots and voting machine (if used), one judge shall handle the ballot
box and/or ballot scanner, and one judge shall handle provisional
applications/ballots.
B.
Opening of the polls. Prior to opening of the polls, assigned election
judges shall perform setup/inspection procedures (provided by county)
for poll books, ballot scanner and/or voting machines as applicable.
If a standalone ballot box is used, instead of or in addition to the
ballot scanner, it shall be opened, inspected (to ensure it is empty)
and then locked. After inspection of the ballot box, ballot scanner
and/or voting machines, the sealed package of ballots is then to be
opened.
C.
Casting the ballot. The registry judge shall mark registry and initial
the voter authority card. The ballot judge shall initial the voter
authority card when issuing ballot or allowing a voter to use voting
machine. The ballot box judge shall initial and retain the voter authority
card when voter places his or her completed ballot into ballot box
or ballot scanner.
Even though a person may be on the voter registry of the Town,
such person may not vote unless he is a qualified voter. The Board
may require any person who comes to the polls to vote at any election
to furnish identification and proof that such person is a citizen
of the United States, is a resident of the Town, is at least 18 years
of age, and that he is properly registered under the provisions of
this chapter.
[Amended 6-17-2010 by Ord. No. O-10-10; 12-19-2019 by Ord. No. O-19-16]
A.
Signature requirement. When a voter applies to vote, he or she shall
identify himself or herself by signing a voter authority card. The
poll book prints out a voter authority card for each voter. If the
poll book is not used the voter authority card shall be on a form
designated by the Board and issued in numerical order.
B.
Change of address. If the voter has changed his or her address after
registration, or after the last time he voted, that fact shall be
disclosed to an election judges at the time the voting authority card
is applied for. The election judges shall indicate the change of address
and report that fact to the Board.
A voter may request instructions regarding the manner in which
to mark a ballot. However, no election judge shall suggest in any
way how such voter should vote on any particular question or for any
particular candidate. If the voter has been given his or her official
ballot and he or she requires additional instruction, the instructions
may be given in the election booth or voting space, and after giving
such instruction, the election judge shall leave the voting booth
or voting space.
A.
Disability. No voter shall be permitted to receive assistance in
voting at any election unless he or she shall declare under oath that
by reason of blindness, impaired vision, or other physical disability
he or she is unable to read or mark the ballot without assistance,
or to operate the scanner and/or voting machine, in order to vote.
B.
Affidavit. A voter who requires assistance shall execute an affidavit
stating the specific reason that assistance is required. No voter
shall be assisted in this manner unless two or more of election judges
shall be satisfied of the truth of the facts stated in the affidavit.
D.
Voter-selected person for assistance. If a voter makes such an affidavit
of physical disability, an election judge or any person the voter
may select shall accompany him or her to vote. The person selected
by the voter or, as the case may be, one of the judges shall mark
the ballot or operate the scanner and/or voting machine as such voter
shall direct, the voter himself or herself naming one by one the candidates
or questions for whom or which he or she desires to vote. The only
assistance which is lawful for election judges to give such a voter
is to mark the ballot or operate the voting machine as the voter shall
direct. The person selected to assist the voter cannot be:
[Amended 6-16-2016 by Ord. No. O-16-5]
Each candidate shall have the right to designate a registered
voter as an official challenger at each polling place. It is the duty
of the election judges and the police to protect the official challengers
in the discharge of their duty. The right to designate a challenger
does not extend to a referendum issue or question included on the
ballot.
[Amended 6-17-2010 by Ord. No. O-10-10]
An official challenger may be removed at any time by the candidate
that appointed him.
[Amended 6-17-2010 by Ord. No. O-10-10; 12-19-2019 by Ord. No. O-19-16]
A.
Official challenger's rights. From the time the polls open until
the time that they close, an official challenger's position is in
the poll room, as close to the election judges as practicable, so
that he or she can see every person who seeks to vote. From the time
the polls close until the time the results of the election are received,
the official challengers have the right to take such a position as
will enable them to see everything that is done and how it is done,
except that they may not enter a voting booth with a voter or enter
the space within three feet of a person engaged in the process of
casting a vote if such person is using a voting machine or device
not enclosed within a voting booth.
B.
Prohibited acts. No official challenger may inquire into or ascertain
for whom any voter desires to vote or has voted, or to confer in the
polling room with any voter, or to assist him or her in the preparation
of his or her ballot or in the operation of voting. It is the duty
of the election judges to have such official challenger removed from
the polling room whenever an official challenger does any of the above
stated.
[Amended 6-16-2016 by Ord. No. O-16-5; 12-19-2019 by Ord. No. O-19-16
Persons other than official challengers, who desire to challenge
the vote of any person inside the polling place, may be permitted
by the election judges to enter the room to issue a challenge. Two
or more election judges may limit the number of persons allowed in
the room for such purpose, and any person who enters the room for
such purpose must immediately leave the room once the challenge is
decided. This section applies to both regular and special Town elections.
If an election judge knows or believes a person offering to
vote is not the person registered, he must issue a challenge, if the
person has not already been challenged.
[Amended 6-16-2016 by Ord. No. O-16-5; 12-19-2019 by Ord. No. O-19-16
A person who issues a challenge shall be required to state his
or her reasons for the challenge. The challenger and the challenged
voter shall be sworn and questioned. If a majority of the Board of
Elections are of the opinion that the challenged voter is the person
who was registered and is qualified to vote, his or her vote shall
be received. If the challenge to a voter is sustained or Board members
are not immediately available, the person seeking to vote shall be
given the opportunity to apply for a provisional ballot.
[Amended 12-19-2019 by Ord. No. O-19-16]
The fact that a voter's name is wrongfully spelled on the registry,
or that he or she has given a wrong initial or more initials than
he or she has, or that one or more of his or her initials is omitted,
or that he or she states his or her initials or given name in a different
way from the way in which it is registered, or that there is an error
in the number of his or her residence on the registry shall not affect
his or her right to vote, as long as two or more of the election judges
are satisfied that he or she is the person who did actually register,
and that he intended to register his true name and residence.
[1]
Editor’s Note: Former § 22-64, Majority of judges
necessary to receive challenged vote, was repealed 12-19-2019 by Ord.
No. O-19-16.
A.
Poll hours. The polls shall be scheduled to be open and, subject
to extensions as set forth in this section, shall be open from 7:00
a.m. to 8:00 p.m. on election day.
B.
Power of Board to extend hours. The Board shall have the power to increase the hours during which the polls are scheduled to be open upon a finding of exigent circumstances as defined in Subsection C of this section. The determination by the Board to alter the time when the polls are opened or closed shall be made by a majority vote of its members. Upon any determination to alter the time in which the polls shall remain open, the Board shall take all reasonable and prudent steps to announce the decision and let the public know of the extended hours.
[Amended 6-17-2010 by Ord. No. O-10-10]
C.
Exigent circumstances. Exigent circumstances supporting the Board's
decision to alter the hours in which polling places remain open shall
exist when:
(1)
The Board determines that the weather or other natural event, local
or national emergency, insurrection, war, or other calamity creates
conditions which would hinder a significant number of voters from
reaching or voting at any or all of the polling places;
(2)
The Board determines that the Governor of Maryland or the United
States has declared a state of emergency or martial law for the area
in which any polling place is located;
(3)
The Board determines that the conduct of the elections, election
processes, or the conduct of persons relating to the election is such
that some or all voters were prevented from reaching the polls or
validly exercising their right to vote; or
(4)
The Board receives official notice that a court of competent jurisdiction
has ordered that the polls be opened early or closed later than the
regularly scheduled hours.
[Amended 6-17-2010 by Ord. No. O-10-10; 12-19-2019 by Ord. No. O-19-16]
A.
Voters in line when polls close. All qualified voters who are waiting
in line to vote when the polls are closed shall be permitted to vote.
B.
Unused ballots. Before opening the ballot box or activating the tallying
function of any ballot scanner, any unused ballots are to be sealed
by the election judges.
C.
Assigned election judges shall close the poll books and/or voting
machines as applicable.
D.
Total persons voting. The total number of persons voting shall be
announced as shown by the registers and absentee ballots, as well
as an identification of the number of provisional ballots issued.
E.
Counting ballots.
(1)
With respect to ballots cast using ballot scanner an election judge,
in the presence of at least one other election judge, shall perform
the ballot scanner procedures (provided by the county) to close the
polls.
(2)
With respect to paper ballots cast using a ballot box, upon opening
the box, the election judges shall count all ballots cast. The separate
votes shall then be counted. The election judges shall reject any
ballots which are intentionally folded together. If there shall be
any mark on the ballot other than designated place for the mark designating
a vote, such ballot shall not be counted. No ballot shall be rejected
solely because the voter has marked more names than there are persons
to be elected to an office for a particular contest, or both for and
against a proposition, but such ballots shall not be counted for any
candidate in the group of names so marked, or for the proposition
so marked.
F.
Rejection of ballots. All ballots that are rejected shall be preserved.
All records, including envelopes, related to rejected ballots shall
also be preserved.
[Amended 12-19-2019 by Ord. No. O-19-16]
As soon as the vote has been counted, an unofficial report of
the vote shall be made and a statement thereof may be posted on the
door of Town Hall. The statement will identify the number of absentee
and provisional ballots received but not yet canvassed.
The Board shall publish and make available to the public copies
of the complete election returns after the Board has certified the
final results in accordance with the Town Charter.
