The intention of this Article is that the conduct of elections
should inspire public confidence and trust by assuring that:
(1)
All persons served by the election system are treated fairly and
equitably;
(2)
All qualified persons may register and vote and that those who are
not qualified do not vote;
(3)
Those who administer elections are well-trained, that they serve
both those who vote and those who seek votes, and that they put the
public interest ahead of partisan interests;
(4)
Full information on elections is provided to the public;
(5)
Citizen convenience is emphasized in all aspects of the election
process;
(6)
Security and integrity are maintained in the casting of ballots,
canvass of votes, and reporting of election results;
(7)
The prevention of fraud and corruption is diligently pursued; and
(8)
Any offenses that occur are prosecuted.
(a)
In general. In this ordinance the following words have the meanings
indicated.
(b)
AFFIDAVIT — Affidavit means a statement executed under penalty
of perjury.
(d)
CIRCULATOR — "Circulator" means an individual who attests to
one or more signatures affixed to a petition.
(f)
LEGAL AUTHORITY — "Legal authority" means: (1) the Town Attorney;
or (2) if the Town Attorney has a conflict of interest or is otherwise
unable to render an opinion, then some other attorney admitted to
the bar in the state of Maryland.
(g)
PAGE — "Page" means a piece of paper comprising a part of a
petition.
(h)
PETITION — "Petition" means all of the associated pages necessary
to fulfill the requirements of a process established by the law by
which individuals affix their signatures as evidence of support for:
(i)
SPONSOR — "Sponsor" means the person or organization who coordinates
the collection of signatures for a petition and who, if the petition
is filed, is named on the information page as required by this ordinance.
(a)
In general. Except as provided in Subsection (b) of this section, this ordinance applies to any petition authorized by law to place the name of an individual or a question on the ballot.
(b)
Ordinance construed consistent with Maryland Constitution or Article
23A of the Annotated Code of Maryland. This ordinance shall not be
interpreted to conflict with any provision relating to petitions specified
in the Maryland Constitution or Article 23A of the Annotated Code
of Maryland.
(a)
Resolutions.
(1)
The Town Council may adopt resolutions, consistent with this ordinance,
to carry out the provisions of this ordinance.
(2)
The resolutions may:
(i)
Prescribe the form and content of petitions;
(ii)
Specify procedures for the circulation of petitions for signatures;
(iii)
Specify procedures for the verification and counting of signatures;
and
(iv)
Provide any other procedural or technical requirements that
the Town Council considers appropriate.
(b)
Guidelines, instructions, and forms.
(a)
In general. The format of the petition prepared by a sponsor shall
be submitted to the chief election official not less than 20 days
in advance of filing the petition, for a determination of its sufficiency.
(b)
The Council President shall determine the sufficiency of a petition
related to Charter amendments, and the Chair of the Election Board
shall determined sufficiency for all other petitions.
(c)
Public improvements. Petitions against public improvements shall
be governed by Section 33-76 of the Forest Heights Town Charter.
(d)
Advice of legal authority. In making the determination, the chief
election official may seek the advice of the legal authority.
(e)
Review by legislative body. Prior to submitting the determination
to the sponsor of the petition, the chief election official shall
submit the determination to the Town Council for final evaluation
of the petition format. The Town Council may at that time, by a majority
vote, override the election official's determination.
(f)
For Charter amendments, the election official's review for sufficiency
shall be limited to ensuring that the proposed changes meet the requirements
of form for charter amendments imposed by Article 23A of the Md. Ann.
Code, and that the amendments will not conflict with other sections
of the Charter not affected by amendments, the proposed amendments
are consistent with one another, and that a charter conflict will
not arise if the voters accept some but not all of the proposed amendments.
(g)
For all other election matters, the Chairman of the Board of Elections
shall review the petition, and after consultation with the Town Attorney,
assure that the change to a Town ordinance required by the petition
is not in conflict with the Town Charter or the laws of Maryland.
If the petition is to place a name on the ballot for election, the
election official shall determine the person's qualifications
for the elected office.
(a)
In general.
(1)
Except as provided in Subsection (b) of this section, in computing
the time under this Article for performing an act, Saturdays, Sundays,
and legal holidays shall be included.
(2)
In a computation of time under this Article, the day of performing
an act and the day of registration or election shall be excluded.
(b)
Exception. If a computation of time would require an act to be performed
on a Saturday, Sunday, or legal holiday, the act shall be performed
on the next regular business day following that Saturday, Sunday,
or legal holiday.
(a)
In general. To sign a petition, an individual shall:
(1)
Sign the individual's name as it appears on the statewide voter
registration list or the individual's surname of registration
and at least one full given name and the initials of any other names;
and
(b)
Validation and counting. The signature of an individual shall be
validated and counted if:
(1)
The requirements of subsection (a) of this section have been satisfied;
(2)
The individual is a registered voter assigned to the Town of Forest
Heights specified on the signature page and, if applicable, in a particular
Ward area of the Town of Forest Heights;
(3)
The individual has not previously signed the same petition;
(4)
The signature is attested by an affidavit appearing on the page on
which the signature appears;
(5)
The date accompanying the signature is not later than the date of
the affidavit on the page; and
(6)
If applicable, the signature was affixed within the requisite period
of time, as specified by law.
(c)
Removal of signature.
(1)
A signature may be removed:
(i)
By the signer upon written application to the election authority
with which the petition will be filed if the application is received
by the election authority prior to the filing of that signature; or
(ii)
Prior to the filing of that signature, by the circulator who
attested to that signature or by the sponsor of the petition, if it
is concluded that the signature does not satisfy the requirements
of this ordinance.
(2)
A signature removed pursuant to Subsection (c)(1)(ii) of this section
may be included in the number of signatures stated on the information
page included in the petition.
(a)
In general. Each signature page shall contain an affidavit made and
executed by the individual in whose presence all of the signatures
on that page were affixed and who observed each of those signatures
being affixed.
(b)
Requirements. The affidavit shall contain the statements, required
by Resolution, or in the absence thereof, as prescribed in State law,
designed to assure the validity of the signatures and the fairness
of the petition process.
(c)
Age of circulator. A circulator must be at least 18 years old and
a registered voter in the Town of Forest Heights at the time any of
the signatures covered by the affidavit are affixed.
(a)
In general.
(1)
Unless otherwise required by the Town Charter of Forest Heights or
Article 23A of the Annotated Code of Maryland, a petition shall be
filed, in person by or on behalf of the sponsor, at a regularly scheduled
Town Meeting.
(2)
Resolutions. The Resolutions adopted by the Town Council may provide
that the signature pages of a petition required to be filed be delivered
by the sponsor, or an individual authorized by the sponsor, to the
Board of Elections for verification and counting of signatures.
(b)
Acceptance of petition. A petition may not be accepted for filing
unless the information page indicates that the petition satisfies
any requirements established by law for the time of filing and for
the number and Ward distribution of signatures.
(c)
Additional signatures. Subsequent to the filing of a petition under
this ordinance, but prior to the deadline for filing the petition,
additional signatures may be added to the petition by filing an amended
information page and additional signature pages conforming to the
requirements of this ordinance.
(a)
Review by chief election official. Promptly upon the filing of a
petition, the chief election official of the election authority shall
review the petition.
(b)
Determinations. Unless a determination of deficiency is made under Subsection (c) of this section, the chief election official shall:
(c)
Declaration of deficiency. The chief election official shall declare
that the petition is deficient if the chief election official determines
that:
(1)
The petition was not timely filed;
(2)
After providing the sponsor an opportunity to correct any clerical
errors, the information provided by the sponsor indicates that the
petition does not satisfy any requirements of law for the number or
Ward distribution of signatures;
(3)
An examination of unverified signatures indicates that the petition
does not satisfy any requirements of law for the number or Ward distribution
of signatures;
(4)
The requirements relating to the form of the petition have not been
satisfied;
(5)
Based on the advice of the legal authority:
(i)
The use of a petition for the subject matter of the petition
is not authorized by law; or
(6)
The petition has failed to satisfy some other requirement established
by law;
(7)
The petition seeks an enactment or result that would be detrimental
to the stability, peace, harmony, and good order of Town affairs;
(d)
Consistency with advance determination. A determination under this section may not be inconsistent with an advance determination made under Section 22.5.
(e)
Notice. Notice of a determination under this section shall be provided
in writing and in accordance with this ordinance.
(a)
In general. Upon the filing of a petition, and unless it has been declared deficient under Subsection 22.10, the Town Council shall proceed to verify the signatures and count the validated signatures contained in the petition.
(b)
Town Council to establish process. The Town Council, by Resolution,
may establish the process to be followed by all election authorities
for verifying and counting signatures on petitions.
(c)
Any and all petitions shall require the signatures of 20% of the
qualified voters of the Town of Forest Heights as defined in the Forest
Heights Town Charter. Petitions bearing less than the requisite 20%
shall be deemed invalid, insufficient, or otherwise deficient.
(a)
In general. At the conclusion of the verification and counting processes,
the chief election official shall:
(1)
Determine whether the validated signatures contained in the petition
are sufficient to satisfy all requirements established by law relating
to the number and ward of distribution of signatures; and
(2)
If it has not done so previously, determine whether the petition
has satisfied all other requirements established by law for that petition
and immediately notify the sponsor of that determination, including
any specific deficiencies found.
(b)
Certification. If the chief election official determines that a petition
has satisfied all requirements established by law relating to that
petition, the chief election official shall certify that the petition
process has been completed and shall with respect to a petition seeking
to place the name of an individual or a question on the ballot, certify
that the name or question has qualified to be placed on the ballot.
(c)
Notice. Notice of a determination under this section shall be provided
in writing in accordance with this ordinance.
(a)
In general.
(1)
A person aggrieved by a determination made under this ordinance may
seek judicial review in the Circuit Court for Prince George's
County;
(2)
The court may grant relief as it considers appropriate to assure
the integrity of the electoral process, and
(3)
Judicial review shall be expedited by each court that hears the cause
to the extent necessary in consideration of the deadlines established
by law.
(a)
Request for advance determination.
(1)
A request for an advance determination under this ordinance shall
be submitted at least 20 days, but not more than two years and one
month, prior to filing or prior to the deadline for the filing of
the petition. In the case of petitions for referendum on ordinances
passed by the legislative body, the format of the petition shall be
submitted to the chief election official not less than 20 days in
advance of filing the petition.
(2)
Within 10 business days of receiving the request for an advance determination,
the election authority shall make the determination.
(b)
Notice. Within two business days after an advance determination under
of this Ordinance, or a determination of deficiency under this ordinance,
the chief election official of the election authority shall notify
the sponsor of the determination.
(c)
Verification and counting. The verification and counting of validated
signatures on a petition shall be completed within 35 days after the
filing of the petition.
(d)
Certification. Within three business days of the completion of the
verification and counting processes, or, if judicial review is pending,
within three business days after a final judicial decision, the appropriate
election official shall make the certifications required by this ordinance.
(e)
Judicial review.
(1)
Except as provided in Subsection (e)(2) of this section, any judicial
review of a determination, as provided in this ordinance, shall be
sought by the 10th day following the determination to which it relates.
(2)
If the petition seeks to place the name of an individual or a question
on the ballot at any election, judicial review shall be sought by
the day specified in Subsection (e)(1) of this section or the 45th
day preceding that election, whichever day is earlier.
The chief election official shall report to the Council at its
next legislative session, but within the time requirements of state
law if the petition involves an amendment to the Town Charter, as
to his findings regarding the sufficiency of a petition. If the petition
is found sufficient, the Council shall pass the necessary enabling
legislation at that session to place the question(s) on the ballot
or enact the question by resolution or ordinance.
(a)
Within 10 days of the appointment of a Board of Elections, the Board
shall meet and choose a chairperson from amongst themselves. The Town
Clerk is to be notified of such selection within 48 hours of the selection.
(b)
If at any time during his or term, a member of the Board of Elections
believes he or she can no longer perform the duties of that office,
he or she is obligated to inform the Town Clerk of that fact. The
Town Clerk shall then inform the Mayor so that a replacement can be
selected and submitted to the Council for approval.
(c)
At least 10 days prior to any election or referendum, the Election
Board is to file a plan for the conduct of the election or referendum
with the Town Clerk and the President of the Council.
(d)
Verification of voter registration:
(1)
The Town Clerk shall assist the Board of Elections in obtaining lists
of registered voters from the Prince George's County Board of
Elections.
(2)
For regularly scheduled elections the Board of Elections shall obtain
a list of registered voters From the Prince George's County Board
of Elections as of the day that nominations must be filed for that
election. Any voter not appearing on that list must obtain a temporary
certificate of registration from the Prince George's County Board
of Elections indicating residence and Ward in the Town of Forest Heights
in order to be eligible to vote in the election.
(3)
For verification of petitions, the Board of Elections shall obtain
a list of registered voters from the Prince George's County Board
of Elections as of the day the petitions were submitted to the Town
Council. This list shall be used by the chief election official in
determining the validity of the signatures on the petition.
(e)
The Board of Elections shall appear at the election site at least
30 minutes prior to when any election or referendum is scheduled to
begin.
(f)
The qualification of any voter appearing to take part in an election
must be verified by at least two members of the Election Board. The
Board shall require an identification document containing the voters
photograph for identification purposes, or the written sworn testimony
of two Forest Heights residents who are determined to be registered
voters according to these procedures, and are present with the voter,
attesting to the identity of the voter.
(g)
When the polls are closed, the Election Board shall begin the process
of counting the votes. All three election board members are to individually
count ballots or inspect the product of voting machines and prepare
a total count of votes for each person or question on the ballot.
Each member of the Board of Elections shall place his or her initials
on each piece of paper inspected.
(h)
The public are to be allowed to observe the counting of the ballots,
but may not handle the election documents, or in any way interfere
with the counting of the ballots. The Board of Elections may set reasonable
rules as to room arrangement and the number of people present during
this phase of the election so it does not interfere with the counting
of ballots.
(i)
After counting all the ballots the members of the Board of Elections
shall compare their totals. If the totals are different, but the difference
does not change the outcome of the election, the Board of Elections
shall prepare a memorandum so stating for the record. If the difference
in the count would affect the outcome of the election, the members
of the Board of Elections shall recount the ballots for each candidate
and question, and again compare their totals. If the totals again
are not the same, the members of the Board of Elections shall vote
on which are the correct totals, with at least two members having
to agree on the outcome. If at least two members cannot agree on the
outcome of the election, that part of the election shall be declared
invalid, and the Town Council shall schedule another election.
(j)
When the members of the Board of Elections have agreed on the outcome
of the election they shall declare the winner and report the results
to the Town Clerk, including the total number of voters participating
by Ward, and votes cast each candidate, including write-in votes and
number absentee ballots.
(k)
All ballots and other material used in an election are public documents
in the custody of the Board of Elections. Release of these materials
is governed by the Town Charter, the Maryland Public Information Act
and other applicable laws of the State of Maryland.
(l)
A list of voters participating in the election is to be transmitted
to the Prince George's County Elections Board for entry into
their data base on voter activity.
(m)
Election material shall be disposed of in accordance with Section
33-37 of the Town Charter and the Forest Heights Document Retention
Schedule on file with the Maryland State Archivist as required by
State law.
