The purpose of the election procedures contained in this chapter is to ensure, subject to all of the provisions contained in this chapter and applicable provisions of the Charter, that every voter shall be entitled to exercise his or her right to vote; provide for and regulate the conduct of elections in the Town of Snow Hill; and to protect against fraud in connection with such elections.
The provisions of this chapter shall apply to all elections, general, special, runoff and referendum.
As used in this chapter, the following terms shall have the meanings indicated below:
BALLOT The means by which a vote is cast. "Ballot" or "ballots" include paper ballots, absentee ballots, provisional ballots or the labels that appear on the face of a voting machine, whichever in context is appropriate.
BUSINESS ENTITY Any corporation, limited liability company, general or limited partnership, sole proprietorship (including a private consulting operation), joint venture, unincorporated association or firm, institution, trust foundation or other organization, whether organized for profit or not. As used in this chapter, the term "business entity" shall not include a political committee registered with the Town.
CANDIDATE Any person who seeks election to the office of Mayor or Councilperson of the Town of Snow Hill.
CONTRIBUTION A loan, transfer or promise of transfer of money, property, use of property or any other thing of value (other than a "contribution-in-kind" as defined herein) to any candidate or to any political committee to promote the success or defeat of a candidate or of any matter or issue which has been submitted to a vote at an election or is in the process of being petitioned to referendum. For the purposes of this chapter, volunteered services shall not be considered a "contribution" unless they are professional services. Use of a personal phone, residence or personal vehicle incident to the provision of volunteered services exempt from regulation under this chapter likewise shall be considered exempt from reporting or regulation hereunder.
CONTRIBUTION IN-KIND A contribution of anything other than money or property, for example, services.
ELECTION The process by which the voters of the Town of Snow Hill vote for Mayor or Councilperson, any Charter amendment, proposition or question, and, unless otherwise indicated, shall include all elections, general, special, runoff and referendum.
INDEPENDENT EXPENDITURES An expenditure by a person or political committee that expressly advocates the election or defeat of a clearly identified candidate and that is not made in cooperation with or at the request of such candidate, the candidate's political committee or their agents.
PERSON Includes an individual or business entity.
POLITICAL COMMITTEE Any combination of two or more persons which assists or attempts to assist in any manner in promoting the success or defeat of a candidate or of any matter or issue which has been submitted to a vote at an election or is in the process of being petitioned to referendum, or any group of individuals, including any civic association, acting in concert for the same purposes to collectively make independent expenditures that exceed $100 in a calendar year.
POLITICAL MATTER Any pamphlet, circular, card, sample ballot, poster, billboard, advertisement, button or any other printed, photographed, typewritten, electronic or digital media or written material or statement relating to any candidate or prospective candidate or any matter or issue which has been submitted to a vote at an election or is in the process of being petitioned to referendum.
PRACTICABLE Capable of being done, effected, or put into practice with the available means.
PROFESSIONAL SERVICES Any service performed by a business entity, and any service performed by a person or group of persons for which such person or group of persons are compensated, and which requires specialized professional, technical or administrative training or experience or experience in a recognized skilled trade or craft. The term "professional services" includes, but is not limited to, the services of attorneys at law, public accountants, drafters, printers, photographers, graphic artists, public relations experts and consultants.
PROVISIONAL BALLOT A ballot used to record a vote when there is some question in regards to a given voter's eligibility.
PUBLIC OFFICE The office of Mayor or Councilperson, or other elected offices of the Town of Snow Hill.
SUPERVISORS The Town of Snow Hill Board of Election Supervisors.
VOTER'S ASSISTANT A person other than the voter selected to assist the voter in completing the absentee ballot and/or the absentee ballot application. An assistant must be at least 18 years of age; cannot be a candidate on the ballot; cannot be the voter's employer or an agent of the employer; and cannot be an officer or agent of the voter's labor union. The assistant must sign an affidavit swearing under penalty of perjury that the voter has appointed him/her to act as the voter's assistant in regard to completing an absentee ballot and/or absentee ballot application, that he/she, in fact, provided assistance to the voter in regard to completing the voter's absentee ballot and/or application, that he/she in no way influenced the decision(s) of the voter (either the decision to appoint the assistant or decisions as to completion of the ballot), and that he/she completed the ballot in a manner consistent in all material respects with the express instructions of the voter.
The Board of Election Supervisors shall conduct all elections held under this article in the Town of Snow Hill corporate limits in accordance with the Charter and other provisions of this article. Except where it would be impracticable, or as otherwise provided in this article, the electoral process for general elections and special elections shall be uniform.
All special Town 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 Town elections.
The Town Manager is authorized to receive, on behalf of the Board of Election Supervisors, all petitions of candidacy, notices of election contest, reports of appointment or resignation, campaign finance or other reports and disclosures required to be filed under the provisions of this chapter. Except as otherwise provided, all reports, petitions or other documents so submitted shall be deemed filed with the Supervisors when received by the Town Manager. All such reports or filings shall be transmitted to the Board of Election Supervisors without delay.
In any election conducted under this article:
A. All voting shall be done by absentee, regular or provisional ballot; and
B. Only votes properly and validly cast by regular, absentee or provisional ballot may be counted.
The Board of Elections Supervisors shall, in advance of each election, certify the content and the format of each ballot to be used in an election.
No person shall be denied the right to vote or seek election for or hold public office in the Town for any unlawful and discriminatory reason.
In accordance with all applicable Code and Charter provisions, the Board of Elections shall count all qualified regular ballots, absentee ballots, and provisional ballots in its custody, and shall announce and publish the uncertified results of such count at the closing of the polls. The official election results, however, shall not be finalized and certified until the fourth Wednesday in May following the election. Candidates shall be notified of the certified results and all election results shall be posted at Town Hall and on the town website. Between any announcement or publication of votes counted by the Board of Election Supervisors and the final certification of election results, the vote count shall remain non-final and subject to change and, during such time, the Board shall count all absentee ballots mailed and bearing a post mark on or before the election day and received after the election day; hear and decide any timely appeals or contests; act upon all provisional ballot applications; and take any other action necessary to arrive at final and certified election results on the fourth Wednesday of May following the election.
In the event of a tie vote in the election of Mayor and/or Council member, a runoff election of the tied candidates shall be conducted on the fourth Tuesday after the election. If, due to the date of a special election, a runoff election would occur on a Town, state, county or federal election day or holiday, the runoff election shall be scheduled on a date which is not a holiday during the fourth week following the election.
No person shall canvass, electioneer or post any political matter in any polling place or within a one-hundred-foot radius from the entrance and exit of the building where ballots are cast; provided, however, that the Board of Election Supervisors may designate a specific area within this radius for electioneering and the dissemination of election-related information. The designation of such an area is permissible only if it will not impede access to the polling place and will not require any person to traverse the location in order to access the polling place. Polling places and voting stations shall be frequently cleaned to ensure the removal of candidate literature and paraphernalia.
No person shall willfully or knowingly impersonate another person in order to vote, or vote or attempt to vote under a false name. No person may vote more than once for the same candidate; vote for more than one candidate for a particular office; vote more than once for the same ballot question; cast more than one ballot in the same election; or vote in more than one election district.
Effective July 1, 2007, if you have been convicted of a felony and have completed serving a court-ordered sentence of imprisonment, including any term of parole or probation for the conviction, you are eligible to register to vote. You do not qualify to register to vote if you have been convicted of buying or selling votes.
A person may not hinder or impede the conduct of the Election Board by breach of the peace, disorder, or violence or threat of violence.
No one may fraudulently tamper with election records of any kind, whether on paper or in any form, or interfere in any way with the casting of a vote by a person who the Election Board member knows is lawfully entitled to vote at an election.
An Election Board member or other election official may not willfully and knowingly:
A. Make, sign, publish, or deliver a false certificate or statement of the result of the election or any other false report of any kind; or
B. Deface, destroy, or conceal any statement, tally, certificate, or other document entrusted to the official's care and custody.
A person may not willfully:
A. Conceal, damage, or destroy voting equipment used or intended to be used on the day of election; or
B. Remove voting equipment from the custody of the election judges or other election officials.
A person may not remove, deface, or destroy equipment or supplies placed in a polling place by election officials during an election.
A person may not make an electronic submission of a prescribed form, affidavit, campaign finance report, or other document on behalf of another person without that person's express consent.
Anyone who violates the sections of Article
I of this chapter will be found guilty of a misdemeanor, which is punishable by up to six months' imprisonment and no more than $1,000 fine.