Every person who is a citizen of the United States, is at least
18 years of age, is a resident of the city and is registered in accordance
with the provisions of this Charter shall be a qualified voter of
the city. Every qualified voter of the city shall be entitled to vote
at any or all city elections.
[Amended 2-14-2011 by Charter Res. No. 2011-1]
A.
There shall
be a Board of Supervisors of Elections consisting of five (5) members,
who shall be appointed by the Mayor with the approval of the Council
on or before the first Monday in March in every odd-numbered year
with a term of two (2) years. Members of the Board shall be qualified
voters of the City and shall not hold or be candidates for any elective
office during their term of office. Any Board member may be removed
for good cause by the Mayor and City Council. The Board shall appoint
one (1) of its members as Chairman. Vacancies on the Board shall be
filled by the Mayor with the approval of the Council for the remainder
of the unexpired term. The compensation of the members of the Board
shall be determined by Resolution of the Council.
B.
The Board
shall be in charge of all City elections, registration of voters and
nomination of candidates. The Council may appoint election clerks
or other employees to assist the Board in any of its duties.
C.
The Board
shall be authorized to promulgate rules and regulations to implement
the provisions of the Charter and Code for the conduct of City elections.
The Clerk shall not be a candidate for any elective office during
his or her appointment as Clerk.
The Clerk shall give at least 21 calendar days' notice
of every election by an advertisement published in at least one newspaper
of general circulation in the city and by posting a notice thereof
in some public place or places in the city.
[Amended 2-14-2011 by Charter Res. No. 2011-2]
Qualified persons shall be considered to be registered to vote
in City elections if the qualified voter is included on the statewide
voter registration list at an address within the City's corporate
limits. All qualified persons wishing to register to vote shall do
so at the Carroll County Board of Elections as provided for in State
Law. Registration shall close four (4) weeks prior to the date of
the election.
Any qualified citizen registered to vote is entitled to vote
in all municipal elections by absentee ballot. The city shall, by
ordinance, provide the procedures for such voting.
[Amended 2-14-2011 by Charter Res. No. 2011-3]
If any person shall feel aggrieved by an action in refusing
to be registered to vote or in striking the name of any person from
the voter list or by any other action, such person may appeal such
decision to the Board of Election Supervisors. The decision of the
Board of Election Supervisors upon such appeal may be further reviewed
by filing a petition for appeal in the Circuit Court for Carroll County
within 10 days of the decision of the Board of Election Supervisors,
but in no event may such a petition be filed less than 20 days prior
to the election.
[Amended 2-14-2011 by Charter Res. No. 2011-4]
Qualified persons who meet the requirements of the Charter may
be nominated for elective office in the City by filing a certificate
of nomination with the Clerk and complying with the filing requirements
of the City's Ethics Ordinance.[1] A certificate of nomination shall state the candidate's
name, address, date of residency, a certification that the candidate
is a registered voter in the City and has complied with all requirements
of the City's Ethics Ordinance.
Regular city elections shall be on the first Monday in May of
every other year beginning in May 1989.
[Amended 3-12-2001 by Charter Res. No. 2001-3]
A new Council shall be elected every two years. The terms of
office for Councilpersons shall be for four years, but the election
shall be staggered so that approximately half the Councilpersons are
elected each time. Those Councilpersons in office at the time this
provision takes effect shall continue to serve for the balance of
the term for which they were elected. Beginning with the election
in May 1987, and every four years thereafter, two Councilpersons shall
be elected for terms of four years each. Beginning with the election
in May 1989, and every four years thereafter, three Councilpersons
shall be elected for terms of four years each. The terms of Councilpersons
shall run four years beginning with the second Monday in May following
election, except in the case of a Special Election, in which case
the terms of Councilpersons shall run four years beginning with the
second Monday of June following the Special Election.
[Amended 2-14-2011 by Charter Res. No. 2011-5]
It shall be the duty of the Clerk to provide for each special
and general election a suitable place or places for voting and suitable
ballot boxes and ballots and/or voting machines. The ballots and/or
voting machines shall show the name of each candidate nominated for
elective office in accordance with the provisions of this Charter,
arranged in alphabetical order by office with no party designation
of any kind. No write-in votes shall be permitted. The polls shall
be open from 7:00 a.m. to 7:00 p.m. on election days.
[Amended 2-14-2011 by Charter Res. No. 2011-6]
All special elections shall be conducted by the Board of Election
Supervisors in the same manner and with the same personnel, as far
as practicable, as regular City elections.
[Amended 3-12-2001 by Charter Res. No.2001-2; 2-14-2011 by Charter Res. No. 2011-7]
Within 12 hours after the closing of the polls, the Board of
Election Supervisors shall determine the vote cast for each candidate
or question and shall record the result in the minutes of the Council.
The candidate for Mayor with the highest number of votes in the general
election shall be declared elected as Mayor. The required number of
candidates for Councilperson with the highest number of votes in the
general election shall be declared elected as Councilpersons. If any
number of candidates for Mayor and Council receive an equal number
of votes in the highest amount in the general election, there shall
be a special election between the tied candidates on the first Monday
in June, following all election requirements of Article 5 of the Taneytown
City Charter. If during the Special Election, another tie vote results,
the Council shall vote to decide the election, which vote shall be
the final vote. Incumbents will remain in office until a candidate
is declared elected.
All ballots used in any city election shall be preserved for
at least six months from the date of election.
A.
Mayor. In case of a vacancy in the office of Mayor for any reason,
the Mayor Pro Tem shall become Mayor for the remainder of the unexpired
term. The Council shall then elect some qualified person to fill the
vacancy on the Council for the remainder of the unexpired term.
B.
Council.
(1)
In case of a vacancy on the Council for any reason, the Council shall
appoint some qualified person to fill such vacancy for the remainder
of the unexpired term.
(2)
Procedure. Any vacancies on the Council shall be filled by the favorable
votes of a majority of the remaining members of the Council. The results
of any such vote shall be recorded in the minutes of the Council.
The Council shall have the power to provide by ordinance, in
every respect not covered by the provisions of this Charter, for the
conduct of registration, nomination and city elections and for the
prevention of fraud in connection therewith and for a recount of ballots
in case of doubt or fraud.
[Added 3-12-2007 by Charter Res. No. 2007-5]
No person shall canvass, electioneer or post any campaign material,
or other handouts of any kind, in any polling place, or on or about
any public property or private property open to the public, that is
within a radius of 100 feet from any entrance and exit of the building
where ballots are cast.
Any person who willfully and with the intent to defraud fails
to perform any duty required of him or her under the provisions of
this article or any ordinances passed thereunder; in any manner willfully
or corruptly with the intent to defraud violates any of the provisions
of this article or any ordinances passed thereunder; or willfully
or corruptly does anything which will affect fraudulently any registration,
nomination or city election shall be deemed guilty of a misdemeanor.
Any officer or employee of the city government who is convicted of
a misdemeanor under the provisions of this section shall immediately
upon conviction thereof cease to hold such office or employment.
[Added 4-11-2016 by Charter Res. No. 2016-1]
The Mayor and or Councilperson may be removed from office as
follows:
A.
Absence. If an elected official fails to attend three (3) consecutive
meetings, without being excused by a majority vote of the City Council,
which may be given provided that prior notice of the absence was given
to the Mayor and City Council in writing. Said position shall be considered
immediately vacant, and filled pursuant to the provisions of the Charter.
B.
Just Cause. An elected official may be removed from office for Just
Cause by a majority vote of the City Council, after the Council issues
a written charge or charges expressing Just Cause, which shall consist
of a violation of criminal law, Federal or State law, County codes
and regulations, the City's ethics law, or provisions contained
in the City's Charter or Code, and holds a public hearing on
the matter. Such action is not subject to the veto power of the Mayor,
but the Mayor may vote to break a tie.
C.
Recall. Any elected official, after having been censured by an act
of the Mayor and Council, may be petitioned for recall and removed
from office for any reason by the qualified voters of the City of
Taneytown, in accordance with the following provisions.
(1)
Recall Petition.
(a)
No Recall Petition shall be filed against any person until that
person shall have been in office for at least three (3) month.
(b)
A Recall Petition shall only address one (1) elected official.
(c)
A Recall Petition shall: (1) set forth the Act of Censure taken
by the Mayor and City Council; (2) contain any additional reasoning
for Recall; (3) shall be signed by not less than (20%) twenty percent
of the qualified registered voters of the City; and (4) shall request
a Recall Election to be held for said office holder.
(d)
The petition shall be filed with the City Clerk.
(e)
Upon receiving a Recall Petition the City Clerk shall immediately
notify the Mayor and Council that a Recall Petition has been filed.
Within (15) fifteen days of the filing of the Recall Petition, the
Clerk shall have ascertained whether the Recall Petition is signed
by the requisite number of the registered voters of the City, and
shall attach a dated certificate stating the results of the examination
and whether the Recall Petition meets the requirements of this section.
This certification shall be forwarded to the Mayor and Council of
the City of Taneytown.
(f)
If the certificate shows the Recall Petition does not meet the
requirements of this Section the Clerk shall send a written notice
of this fact to the individual who filed the Recall Petition.
(g)
If the certificate shows the Recall Petition meets the requirements
of this Section, the matter shall be placed on the agenda by the Mayor
at the next regularly scheduled business meeting, if such a meeting
is scheduled to occur within (15) fifteen days of the date of certification.
If the next regularly scheduled business meeting is scheduled (16)
sixteen or more days from the date of certification a special meeting
shall be scheduled within (15) days of the date of certification,
to take action on the Recall Petition to set the date of the Recall
Election.
(2)
Recall Election.
(a)
The Recall Election shall be conducted in all respects not otherwise
addressed by this Section, as other City Elections.
(b)
One qualified voter in favor of the recall of the individual
elected official and one qualified voter opposed to the recall of
the individual elected official, shall have the right to be a poll
watcher in the polling room. The poll watches shall not impede the
flow of voters within the polling location. The Clerk will provide
a seat for the poll watchers, at a location selected by the Clerk.
The poll watchers shall not politic for or against the elected official.
The poll watcher shall not be an elected official or individual subject
to the recall vote. The poll watchers shall register with the City
Board of Election Supervisors no later than seven (7) days prior to
the date of the Recall Election. The first qualified voter to register
as a poll watcher for each side shall be entitled to be the poll watcher.
The poll watcher shall not interfere with, or interact with the election
judges, staff or voters,. The Clerk has the authority to remove the
poll watcher from 1he polling location for any of the above violations.
(c)
The elected official whose Recall is sought shall continue to
serve in office pending the results of the Recall Election, but shall
not participate in any discussions or actions related to the Recall.
(d)
The Recall Election ballot shall read: "Shall (name of official)
continue in the office of (insert official name) of The City of Taneytown?
Following this question shall be the words "Yes" and "No" which the
voter shall use to vote for or against Recall.
(e)
Results of the election. The question of Recall shall be decided
by a simple majority of votes cast. If a majority of votes cast is
in favor of Recall, the elected official's term of office shall
immediately terminate upon the certification of the election. If the
majority of votes cast are not in favor of Recall, the elected official's
term shall continue unaffected.
(f)
The successor of any elected official removed by Recall shall
be selected as provided by this Charter. A person recalled from office
shall not be appointed to fill the vacancy so created.
