[HISTORY: Adopted by the Mayor and Council of the Town of Smithsburg as indicated in article histories. Amendments noted where applicable.]
Mayor and Council — See Ch. 68.
[Adopted 2-3-2004 as Ch. 7, Title 1, of the 2004 Code]
Nominations for the offices of Mayor and member of the Council which are filled pursuant to the provisions of Section 31-30 of the Town Charter shall be made as follows: each candidate for election shall file a declaration of intention of candidacy and shall meet the requirements as set forth in the Town Charter as to qualifications.
Certificates of nomination for the primary election shall be filed under oath with the Town Clerk-Treasurer, acting for the Board of Supervisors of Elections for the Town, during normal Town office hours, on or before the first Monday in April next preceding the Town election as called for in Section 31-31 of the Charter.
Certificates of nomination for write-in candidates for a general election shall be filed under oath with the Town Clerk-Treasurer, acting for the Board of Supervisors of Elections for the Town, during normal Town office hours, no later than 4:30 p.m. on the Wednesday prior to that general election.
Each candidate for nomination for Mayor shall pay a filing fee in the sum of $20, and each candidate for nomination for member of the Council shall pay a filing fee in the sum of $10. All such payments shall be made to the Town Clerk-Treasurer and shall accompany the declaration. These sums are nonrefundable.
If not more than six persons have filed as candidates for the office of Councilperson, or not more than two persons have filed as candidates for the office of Mayor, the primary election shall not be held for that respective office.
In case of the absence of declared candidates for the office of Mayor or member of the Council, the Town meeting called by the Mayor pursuant to this section shall nominate qualified candidates who consent to nomination for such office. Up to six such candidates for the office of member of the Council may be nominated at a Town meeting without conducting a vote to select up to six candidates for the general election. Up to two such candidates for the office of Mayor may be nominated at a Town meeting without conducting a vote to select up to two candidates for the general election.
General election candidates for the offices of Mayor and member of the Council may be nominated at a Town meeting called by the Mayor for such purpose, to be held on the fourth Monday in April in every even-numbered year.
The Mayor shall determine the place and hours for the holding of such Town meeting and shall give notice thereof to the public during the two-week period preceding such Town meeting by at least one publication of notice thereof in a newspaper of general public circulation and by such other means as he may elect. Such notice shall state the offices to be filled at the ensuing general election; the place, date and hours of the Town meeting for the nomination of candidates and who is eligible to vote at such meeting; and the place, date and hours of the general election.
The presiding officer at such Town meeting shall be the Mayor.
Nominations for the offices of Mayor and member of the Council, respectively, shall be made only from among those qualified persons who have duly filed declarations of intention of candidacy and have made timely deposit of the required filing fee, except as provided in this section.
Regular Town primary elections shall be held in even-numbered years on the fourth Monday in April between the hours of 7:00 a.m. and 8:00 p.m. at such place or places as shall be designated by the Mayor and Council, and notice thereof shall be given as provided in Subsection C of this section.
Regular Town general elections shall be held in even-numbered years on the second Tuesday in May between the hours of 7:00 a.m. and 8:00 p.m. at such place or places as shall be designated by the Mayor and Council, and notice thereof shall be given as provided in Subsection C of this section.
Notice of primary and general elections shall be published at least once during the two-week period preceding such election by at least one publication of notice thereof in a newspaper of general public circulation, by posting a notice in some public place or places in the Town, and by such other means as the Mayor and Council may direct.
Such notice shall state the offices to be filled at the ensuing election and the place, date and hours of the election.
In the event that the Mayor and Council designate more than one polling place for Town elections, the Mayor and Council, by resolution, shall subdivide the Town into two or more precincts as is deemed expedient for the convenience of the voters. Said precincts shall be established utilizing a written description and a map of their boundaries.
Whenever the Town is subdivided into two or more precincts as provided in Subsection A, the Town Clerk-Treasurer shall provide for and cause to be prepared such additional sets of cards or loose-leaf pages or other forms as may be required for transcribing the names of registered voters transferred to such newly established precinct or polling place and to correct and transfer the registration forms or cards of the registered voters affected thereby.
Whenever the Town is subdivided into two or more precincts as provided in Subsection A, the Town Clerk-Treasurer shall notify or cause to be notified the voters affected by the establishment of precincts by mail within 30 days after such change. A voter's registration may not be invalidated by the establishment of precincts, nor shall the right of any voter be prejudiced by any error in filing or in making out the list of voters and the assignment of said voters to a precinct.
Subject to the provisions of Section 31-24 of the Charter, the Mayor shall appoint three citizens of the Town to the Town's Board of Supervisors of Elections and shall direct the Town Clerk-Treasurer to issue to them a commission authorizing them to conduct the elections during their term of office in the manner herein set forth, to which commission shall be annexed an oath, to be taken by the members of said Board before a person duly authorized to administer oaths, that they will faithfully and honestly discharge the duties of the Board of Supervisors of Elections and shall permit all persons to vote who, in their judgment, shall be qualified according to the law and ordinances and will in all things execute the office of Board of Supervisors of Elections to the best of their knowledge and ability and without favor or partiality.
The Board of Supervisors of Elections may appoint one or more persons as Clerk of Election; each such person shall be a qualified voter of the Town, who shall qualify by taking an oath similar to the Board of Supervisors of Elections oath and whose duty it shall be to keep the poll books or lists containing a column headed "Number" and another headed "Names of Voters"; all entries therein shall be made in ink, and the name of each person who shall vote shall be entered on each of the poll books by the Clerk having charge thereof, the number of such voter being placed opposite his name in the column headed "Number."
As soon as the Board of Supervisors of Elections shall open the polls and immediately before any votes are received by it, it shall examine the ballot box or voting system and see that no ballots or votes are recorded or present therein, and the ballot box or voting system shall then be locked or otherwise made secure and shall not again be opened or unsecured until the closing of the polls at such election.
The provisions of Sections 31-23 and 31-28 of the Charter shall govern the qualifications of and the registration of voters. Persons who are registered with the Washington County Board of Supervisors of Elections may not be registered for the supplemental registration list. If a person is so dually registered, that person's registration for the supplemental registration list shall be transferred to an inactive supplemental registration list. The inactive supplemental registration list shall contain only the names of persons with such dual registration.
At the hour designated for the closing of the polls, the Board of Supervisors of Elections shall close the polls and refuse to receive any votes of persons not in line to cast their votes at the time the polls closed. Upon the completion of voting, it shall proceed forthwith to canvass the votes cast, which canvass shall not be adjourned or postponed until it shall have been fully completed. Each candidate or a designated challenger for such candidate shall have the right to be present and so near that they can see that the Board of Supervisors of Elections and Clerk are faithfully performing their duties. As the ballots are counted, they shall be secured so that a ballot may not be counted again by accident, mistake or inadvertence in the initial tally of votes.
When the canvass of the votes shall have been completed, the Board of Supervisors of Elections shall deliver the results thereof to the Clerk-Treasurer, who shall announce the total number of votes received by each candidate and the number for and the number against any proposition that shall have been voted upon, and the Clerk-Treasurer shall announce and declare the name of the successful candidate for any office and the success or failure of any proposition submitted to the voters, and such proclamation shall be prima facie evidence of the canvass of such ballots and the results of such election.
Following its announcement of the results of the election, the Board of Supervisors of Elections shall then forthwith proceed to make up a statement of the results of the election, which statement shall contain the total number of persons voting and the number of votes found therein for each and every candidate, designating the office for which they are given. Such statement shall be written or partly written and partly printed. If any proposition has been submitted to vote at such election, such statement shall show all votes cast for or against such proposition.
At the end of such statement shall be written a certificate that the same is correct in all respects, which certificate and statement or return shall be subscribed by the Board of Supervisors of Elections.
All expenses connected with the conduct of Town elections, including the compensation of the Board of Supervisors of Elections and the Clerks working the election, shall be paid out of the general funds of the Town.
Any matter relating to elections which is not provided for in the Town Charter or this Code or another ordinance shall be in conformity, as nearly as may be practicable, with the general election laws of the state, as determined by resolution of the legislative body or by the Mayor if there is insufficient time in which to present such matter to the legislative body.
[Adopted 12-6-2011 (Ch. 7, Title 2, of the 2004 Code)]
A candidate shall name a treasurer who shall be responsible for receiving and disbursing all campaign funds. The nomination of the treasurer shall be on a form provided by the Town Clerk-Treasurer and shall be filed at the same time as the declaration of candidacy. The treasurer's name must appear on all campaign material, advertisements, etc. No other individual or group may spend money directly to aid the candidate. The treasurer shall be someone other than the candidate.
Any candidate, in lieu of filing a campaign finance report as required under § 25-17 herein, may file an affidavit of limited contributions if the candidate wishes to declare that he will not receive contributions or make expenditures in the cumulative amount of $1,500 or more during the campaign. The Town Clerk-Treasurer will provide a form for this filing.
Any candidate receiving contributions or making expenditures in the cumulative amount of $1,500 or more shall file campaign finance reports in accordance with this section.
Contents. The candidate's treasurer shall file a campaign finance report on a form provided by the Town Clerk-Treasurer, which shall include but not be limited to the following:
The date, name of individual making contribution and the amount of the contribution for each contribution to the candidate's campaign.
The name of the contributor, the date thereof, and the nature of the contribution for any nonmonetary contributions.
The identity of any person making a loan to the candidate's campaign, the date thereof, and the amount of the loan and whether the loan has been repaid or not.
The date, identity of the person paid and the amount of the payment for each campaign expenditure.
A statement of any balance on and as of the date of report.
Reporting. The report required under this section shall be filed seven days before the third Monday in April accounting for all funds received or expended up to seven days before that date. A second report shall be filed by all candidates on the third Monday in May accounting for all funds from the date of the previous report through the date of the general election. The Town Clerk-Treasurer shall notify the candidates 10 days before the report is due.
Public records. These reports shall be filed with the Town Clerk-Treasurer, who will provide a copy to the Chairperson of the Board of Supervisors of Elections, and said reports are public documents open to inspection.
The following constitute prohibitions or limitations on contributions:
No anonymous contributions shall be accepted by a candidate. Any anonymous contributions shall be promptly paid over to the Town of Smithsburg to be used for any lawful purpose.
No candidate shall accept a contribution in excess of $1,500 from any contributor, either an individual or other entity or organization.
Any violation of the above provisions of this article shall be a municipal infraction pursuant to Title 6, § 6-101 et seq., of the Local Government Article of the Annotated Code of Maryland, and the violator may be ordered to pay a fine not exceeding $1,000, and the State's Attorney for Washington County or the Town Attorney is authorized to prosecute the same.