Only persons qualified to vote in the Town shall be registered
as qualified voters. A qualified voter is:
(a)
At its first meeting in January of each even-numbered year, or as
soon thereafter as may be feasible, the Mayor and Common Council shall
appoint two qualified voters to the positions of Supervisors of Elections.
The Mayor and Common Council shall also designate one of the persons
appointed to be Chair. The Chair shall serve in that capacity at the
pleasure of the Mayor and Common Council. The appointees shall not
hold public office nor be candidates for election to public office
during their term of office, nor shall they be the spouse, parent,
or child of a candidate or elected official. The Supervisors shall
serve for two-year terms beginning on March 1st and ending on the
last day of February of the next even-numbered year. Supervisors,
whose terms have expired, shall continue to serve until a successor
is appointed. The Mayor and Common Council may remove a Supervisor
during the Supervisor's term of office for cause. In the event of
a vacancy during a Supervisor's term of office, the vacancy may be
filled by the Mayor and Common Council in the manner in which the
initial appointment is made. Appointment to a vacant position shall
be effective for the unexpired term of the Supervisor whose position
has become vacant.
[Amended 12-7-2020 by Res. No. 20-CR-02]
(b)
Compensation for Supervisors may be established by the Mayor and
Common Council.
(c)
The Supervisors are responsible for administration of the procedures
for nomination for Town offices and the administration and supervision
of all Town Elections. In the performance of their duties, Supervisors
are empowered to administer oaths. Pursuant to authorization of the
Mayor and Common Council, the Chair of the Supervisors of Elections
may employ necessary personnel to assist in the performance of their
duties. The Mayor and Common Council shall establish compensation
for personnel employed by the Chair.
[Amended 12-7-2020 by Res. No. 20-CR-02]
(d)
Any candidate or registered voter of the Town aggrieved by any decision
or action of the Supervisors of Elections, other than contested election
issues governed by Section 504, may appeal to the Mayor and Common
Council within three business days of the decision or action. The
decision of the Mayor and Common Council may be appealed to the Circuit
Court of Prince George's County within the time allowed for such appeal
according to the Maryland rules governing administrative appeals.
[Added 12-7-2020 by Res.
No. 20-CR-02]
(a)
The Supervisors shall give at least two weeks' notice of every election
date by notices posted on the Town website, at the entrance to Town
Hall and in at least one prominent place in each Ward of the Town.
Notices of election shall contain a summary of questions that may
be on the ballot and the names of nominees for each Town office as
those names will appear on the ballot. The Supervisors may also cause
notices required by this subsection to be published in the Town newsletter.
[Amended 12-7-2020 by Res. No. 20-CR-02]
(b)
Any person residing within the corporate limits of the Town of University
Park who is registered to vote with the Prince George's County Board
of Elections and will be at least 18 years of age on Election Day
shall automatically become a registered voter of the Town and be entitled
to vote at general or special elections of the Town.
[Amended 2-24-2020 by Res. No. 20-CR-01]
(c)
Voter registration for Town elections shall close twenty-nine (29)
calendar days, including Saturdays, Sundays and holidays, prior to
the election. In the event that the twenty-ninth day falls on a sSaturday,
Sunday or holiday, voter registration shall be extended to the next
day that is not a Saturday, Sunday or holiday.
[Amended 2-24-2020 by Res. No. 20-CR-01; 12-7-2020 by Res. No. 20-CR-02]
(d)
The Prince George's County Board of Elections will maintain the Town's
official voter list.[1]
[Amended 2-24-2020 by Res. No. 20-CR-01; 12-7-2020 by Res. No. 20-CR-02]
[1]
Editor's Note: Former Subsection E, regarding appeals, as
revised, and which immediately followed this subsection, was repealed
12-7-2020 by Res. No. 20-CR-02.
(a)
At or before the February general meeting each year, the Common Council
will set the date in May for general elections in the Town. If the
Common Council fails to do so on or before that date, the general
elections for Town offices shall be held on the first Tuesday in May.
The Mayor and Common Council are authorized to provide for the conduct
of special elections, as appropriate. Special elections shall be conducted,
as far as practicable, under the same procedures as general elections.
(b)
An election ballot shall be mailed to all registered voters in the
Town prior to the election. One polling place will be open at the
Town Hall on election day unless another location is declared by the
Election Supervisors at least 30 days prior to Election Day. Voters
may submit their ballot by mail, by placing it in a designated ballot
box located at the Town Hall, or at the polling place on the day of
the election. The ballots or voting machines shall show the name of
each candidate arranged in alphabetical order according to their surnames,
under the designation of the office for which they are candidates.
In addition to surnames, the candidates' given name and middle initial
shall be printed. The use of party affiliation or designation, nicknames,
titles, degrees or other designations on the ballot is prohibited.
The ballots shall also contain an appropriate space to permit voting
for qualified "write-in" candidates, and an appropriate space to provide
the option to vote for "none of the above". Only write-in candidates
qualified pursuant to section 506 of this article may be elected.
The Supervisors shall not provide ballots to any person, nor permit
any person to vote whose name does not appear in the registration
books. To be valid, a ballot must be received prior to the closing
of the polling place on Election Day.
[Amended 12-7-2020 by Res. No. 20-CR-02; 12-6-2023 by Res. No. 23-CR-01]
(c)
At or before the February general meeting each year, the Common Council
will set the hours during which the polls will be open for the general
elections in the Town, provided however that the polls shall be open
at least the minimum of 1:00 p.m. to 8:00 p.m. If the Common Council
fails to do so on or before that date, the hours during which the
polls will be open for the Town general elections shall be 1:00 p.m.
to 8:00 p.m.
[Amended 12-6-2023 by Res. No. 23-CR-01]
(d)
The Supervisors of Elections are authorized to permit voters to vote
by absentee/mail in ballot and shall establish procedures for voting
by absentee/mail in ballot. A registered voter must apply for such
ballot to the Chair of the Supervisors of Elections not less than
five (5) days before the date of the election. The Supervisors of
Election shall verify the identity of the persons applying for an
absentee/mail in ballot. No absentee/mail in ballot shall be counted
unless it is received by the Supervisors on or before the date of
election. The Supervisors shall maintain the control, supervision
and secrecy of such ballots.
[Amended 12-7-2020 by Res. No. 20-CR-02; 12-6-2023 by Res. No. 23-CR-01]
(e)
The Supervisors of Elections shall permit each candidate to designate
an appropriate number of poll watchers. The Supervisors will establish
appropriate rules governing the designation and conduct of poll watchers
to the election which rules shall provide for the observation of the
proceeding by the watchers.
[Amended 12-7-2020 by Res. No. 20-CR-02]
(f)
Within twenty-four (24) hours after the polls are closed, the Supervisors
of Elections shall tabulate the vote cast for each candidate and/or
question, and shall certify the results to the Clerk of the Town who
shall record the results in the minutes of the proceedings of the
Mayor and Common Council. The Clerk shall notify the Mayor, each member
of the Common Council, and all candidates for office of the results
of the election. The candidate for each office with the highest number
of votes shall be declared by the Chair of the Supervisors of Elections
to be elected to the office for which he/she is a candidate.
[Revised, effective 3-17-2009; amended 12-7-2020 by Res. No. 20-CR-02]
(g)
Within two (2) business days after the date of certification in an
election conducted with paper ballots, any candidate may request a
re-count of the votes cast in the election for an office for which
he/she is a candidate by filing a written request with the Chair of
the Supervisors of the Election. Such request shall be accompanied
by a certified check in the amount of fifty ($50.00) dollars to defray
the cost of the re-count. Within ten (10) days from the date of receipt
of the request, the Supervisors shall count the ballots cast for the
office for which the petitioner was a candidate. If the results of
the re-count are favorable to the petitioner, the Chair shall direct
the Clerk to return the fee to the petitioner.
[Amended 12-7-2020 by Res. No. 20-CR-02]
(h)
The Supervisors of Elections, and each of them, has the authority
to keep the peace and to cause any person to be arrested for any breach
of the peace, or for any breach of the election laws, or an interference
with the progress of an election, the canvass of the ballots or the
ascertainment and transcription of the votes recorded on the voting
machines. It shall be the duty of all officers of the law present
to obey the order of any of the election supervisors, and an officer
making an arrest by direction of the election supervisors shall be
protected in so doing fully as if a warrant had been issued to him/her
to make such arrest. Removal of any official Town election material
from the polling place, or refusal to return said materials to the
Supervisors of Elections, is prohibited.
[Amended 12-7-2020 by Res. No. 20-CR-02]
(i)
Contested Elections.
(i)
Petition of Contest. Any candidate or Town registered voter
wishing to contest the results of an election shall file a petition
with the Clerk within three business days after the results of the
election are certified to the Mayor and Common Council, which petition
shall set forth in writing one or more of the following grounds:
[Amended 12-7-2020 by Res. No. 20-CR-02]
(A)
Malconduct, fraud, or irregularity by any election official
sufficient to change or place in doubt the results;
(B)
Ineligibility of the defendant for the office in dispute;
(C)
Illegal votes received, or legal votes rejected, sufficient
to change the result;
(D)
An error in counting the votes or in declaring the result of
an election, if such error would change the result; or
(E)
Any other cause which shows that another was the person legally
elected.
(ii)
Notice and Hearing. Upon the filing of the contest petition,
a hearing shall be set before the Mayor and Common Council and written
notice stating the time and place of the hearing and containing a
copy of the contest petition shall be given to all affected candidates.
The hearing will take place not less than five (5) nor more than twenty
(20) days after service of the notice upon the affected candidates,
and shall be conducted in an informal manner.
(iii)
Determination by Mayor and Common Council. The Mayor and Common
Council shall perform such acts and conduct such examinations as may
be necessary to determine the appeal of the results of an election;
except that the Mayor or members of the Common Council who are candidates
in the disputed contest shall not participate in the appeal.
[Amended 12-7-2020 by Res. No. 20-CR-02]
(iv)
Appeal. The final determination of the Mayor and Common Council
may be appealed to the Circuit Court of Prince George's County. Such
appeal shall be made within ten (10) days after determination of the
contest by the Mayor and Common Council.
(j)
If two or more candidates for the same office, receiving the highest
number of votes, receive an equal number of votes, the Mayor and Common
Council shall direct the Supervisors of Elections to administer a
special election to be conducted in the same manner as far as practicable
as regular Town elections. The Supervisors of Elections shall declare
the candidate receiving the highest number of votes in the special
election to be elected to the office for which he/she is a candidate.[1]
[1]
Editor's Note: Former Subsection (k), regarding retention
of ballots, as revised, and which immediately followed this subsection,
was repealed 12-7-2020 by Res. No. 20-CR-02.
The Mayor and Common Council may provide by Ordinance in every
respect not covered by the provisions of this charter for appointment
of Supervisor, registration of voters, nominations and Town elections.
[Revised, effective 11-24-1992; 12-4-1984; amended 2-24-2020 by Res. No. 20-CR-01]
(a)
The elective offices of the Town shall be those of Mayor and seven
Common Council members. The Mayor shall be elected at large by the
qualified voters of the Town, and the Council members shall be elected
by the qualified voters in the ward in which the candidate resides.
(b)
The Mayor and Council members from the first, third and seventh wards
shall be elected at the general election for Town offices held during
even-numbered years. Council members from the second, fourth, fifth
and sixth ward shall be elected at the general election for Town office
held during odd-numbered years.
(c)
Any person desiring to run for Mayor shall file with the Supervisors
of Elections a petition containing the names of at least twenty (20)
persons, who are qualified voters in the Town; and any person desiring
to run for Council member shall file a petition with said Supervisors
of Elections containing the names of at least ten (10) qualified voters
residing in the ward at least twenty-nine (29) calendar days, including
Saturdays, Sundays and holidays, prior to the election. In the event
that the twenty-ninth day falls on a Saturday, Sunday or holiday,
the petition filing deadline is extended to the next day that is not
a Saturday, Sunday or holiday. Any person desiring to be a candidate
must also file the financial disclosure statement as required by § 12-105
of the Town Code of Ordinances. After the petitions have been filed
and the time for filing has expired, the Supervisors of Elections
shall cause to be published in some manner as shall give general publicity
the names of the candidates filing petitions under this paragraph
(c) and the positions to which they aspire.
[Amended 12-7-2020 by Res. No. 20-CR-02]
(d)
Any person desiring to run for Mayor or Common Council of the Town
who does not file a petition as provided in paragraph (c) of this
section, may qualify to run for such office as a write-in candidate
by filing with the Supervisors of Elections, at least five (5) calendar
days before the date of the election, a petition to run as a write-in
candidate for Mayor containing the names of at least twenty persons
who are qualified voters in the Town or as a write-in candidate for
Council member containing the names of at least ten (10) persons residing
in the ward who are qualified voters, and a financial disclosure statement
as required by § 12-105 of the Town's code of ordinances.
(e)
Any person desiring to run for Mayor or Common Council of the Town
must qualify as a candidate under paragraph (c) or paragraph (d) of
this section. All votes cast in an election for persons who are not
qualified as candidates shall be void and not counted.
(f)
Before entering upon the duties of their office, each elected officer
shall take an oath of office as provided for in section 708.
(a)
In the event that no candidate qualifies for an election for an office
under paragraphs (c) and (d) of Section 506 of this charter, the regular
election for that office shall be cancelled by the Board of Election
Supervisors and the person holding that office shall remain in office
until replaced pursuant to this section.
(b)
If the event described in paragraph (a) of this section occurs, the
Mayor and Common Council of the Town shall direct the Board of Election
Supervisors to conduct a special election for that office to be held
pursuant to section 504 of this charter.
(c)
In the event that the Mayor or a common council member dies, resigns,
is absent from two consecutive regular meetings of the Mayor and Common
Council without excuse, is removed from office or is otherwise unwilling
or unable to complete his/her term of office, and there are one hundred
twenty (120) or more days remaining in that term of office, the Board
of Election Supervisors shall be directed to conduct a special election
to fill the unexpired term for that office, within sixty (60) days
of such event occurring, to be held pursuant to section 504 of this
charter.
[Revised 3-19-2002]
(d)
If no candidate qualifies for election in the special election provided
in paragraphs (b) or (c) of this section, the Mayor, subject to the
confirmation of a majority of the members of the Common Council, shall
appoint a person qualified under Section 302 of this charter to the
office.
[Revised, 6-1992; 5-4-1993]
[Added 12-6-2023 by Res. No. 23-CR-02]
(a)
Public
parks and public open space owned or controlled by, or under the jurisdiction
of, the Town, may not be sold, developed, leased or used for any other
purpose than as public parks and open space, without the Common Council
first having submitted such sale, development, lease or use to referendum
for approval by the registered voters at the next general election
or a special election set for that purpose. The results of the referendum
shall be binding on the Mayor and Common Council, as provided by law.
Nothing in this section shall prohibit or limit the normal petition
procedure provided the citizens of the Town.
(b)
A referendum
is not required for temporary use of public parks or public open space
for other purposes if a state of emergency has been declared by the
Governor of Maryland or under federal or local law and the Common
Council determines that such temporary use is necessary to protect
public safety. Said temporary use shall be of a reasonable duration
based on the circumstances and in no event will exceed one year.
(c)
"Public
parks" is defined in this section as all parks, playgrounds or lands
that have been formally dedicated to permanent recreational use by
the Town or maintained for recreational use with Town funds.
(d)
"Public
open space" is defined in this section as Town vacant public land,
whether dedicated formally to, or being maintained as, open space
for recreational use or potential use, as of and after January 1,
2024. This definition does not include open space adjacent to Town
Hall or the Town garage facility, or Town rights-of-way.
