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ORDINANCE 109 - Election procedures

Section 109-1. 

 Purpose

The purpose of this Ordinance is to define voting procedures to be followed by the Mayor, Council, Board Supervisors of Elections, and Town Clerk.
 

Section 109-2. 

 Registration, Nomination, Election

The eligibility of the voters and the nominees, the appointment of the Board of Supervisors of Elections, the time and date of a normal election day, etc., are defined in Chapter V, titled "Registration, Nomination, Election" of the Town of Berwyn Heights Charter.
 

Section 109-3.

 Duties of Board of Supervisors of Elections

As authorized by Section 502.5 of the 1978 Town Charter, the Board of Supervisors of Elections shall exercise general supervision of the Town elections and voter registration.  Any questions related to election procedures shall be decided by a majority vote of the Board of Supervisors of Elections.  All Town election procedures shall be subject to Article 33, "Election Code" of the Annotated Code of Maryland.  The Board of Supervisors of Election shall follow the procedures listed below. 

A. PRE-ELECTION 

The Chief Judge, with help when necessary from other judges of elections shall:

1. Give at least two (2) weeks notice of every election by an advertisement in at least one newspaper of general circulation in the Town and by posting a notice thereof in at least three (3) public places in the Town.                                                           

2.  Update the Town's supplemental registration records with the assistance of at least one other judge, as required in Section 503.2 of the Charter.

3. Supervise the preparation of the voting place.

4. Insure that all judges and clerks receive a course of instructions of their duties.

5. Arrange the Town Supplemental Register in alphabetical order and determine the number of eligible voters. 

B. VOTING MACHINES 

B-1.    Election Day - Voting Machines

The Chief Judge shall:

1. Meet the Mayor or Town Administrator at the poll one half ()) hour before opening.

2. Post sample ballot and instructions to the voter outside the poll for public view.  Sample ballot shall show names of candidates, including write-in candidates, if any, and questions, if any.

3. Town personnel shall cordon off an area equal to, but not to exceed, 50 feet around  voting place.  Candidates for election shall be instructed they may cross this line only to cast their own vote after polling place is open.  No electioneering by candidates, or their supporters, will be allowed within this 50 foot perimeter.

4. Check voting machines to verify that they are ready for use by opening back of machine and checking that all counters are zero.  If counters are not at zero, the numbers appearing on the counters shall be posted inside the poll for public view.

5. After examination of the voting machines, open the package of voter cards and Universal List which was received from the County Board of Supervisor of Elections.

6. Sit in charge of the voting machines.  The remaining two judges shall sit as registrars and record in the registration book.  The clerks shall sit one with each of the recording judges.  The procedure for voting shall be as follows:

a. Voter shall give name.

b. Clerk shall put voter card or find name on supplemental list.

c. Clerk shall record and number consecutively the name of the voter in the record book.

d. Clerk shall find voter name on tally sheet for universal registration, or supplemental town registration list, and circle number.  Pass voter card to judge.

e. Judge shall:

1) Ask voter for home address and check against address listed in universal registration list or town supplemental list.  If different, verify that voter is a town resident, and make change on card or on supplemental list if applicable.

2) Ask voter to sign card.  Judge initials card and return signed card to voter.

3) Instruct voter to proceed to voting machine.

4) On universal registration list, mark with a "V" (for voted) in space provided alongside voter's name.

5) If voter is only registered to vote in the Town, mark supplemental registration list with a "V" (for voted).

f. Chief Judge shall:

1) Inspect each voter card for initials of issuing judge.  If no initials appear on voter card, send voter back to the issuing judge.

2) If voter needs instructions on how to operate the voting machine, give assistance before voter enters the voting machine.

3) Place voter card in receptacle(s) provided.

4) Instruct voter to enter voting machine booth; machine will record vote.

Refer questions arising as to qualifications of universal registered voter to the County Board of Supervisors of Elections with following exceptions:

1)  A blue voter card indicates the County Board of Supervisors of Elections has not been able to verify voter's current address.  If voter can show proof that address is current, voter may sign card and vote in usual manner.  If address has changed but voter still resides in Town of Berwyn Heights, voter will show proof of new address, enter it on card, sign card and vote in usual manner.

2) Any questions arising as to qualifications of the voter on the Town supplemental list shall be decided by a majority vote of the Town election judges.

h. Provide assistance to physically handicapped voters as prescribed by Article 33, "Election Code," of the Annotated Code of Maryland.

I. Insure that any voter who does not vote before leaving the polling place shall return voter card to issuing judge and said voter card shall be retained as if spoiled.  Judge shall endorse on the back of the voter card the words "Not Voted."  Clerk shall draw a line through the voter's name and number in the Clerk's record book and write thereon "Did not vote."  Should the owner of a "Not Voted" voter card return, he shall be given the same number; the clerk shall correct the record book.

B-2. Post-Election - Voting Machines

1. Judges and Clerks shall:

a. Permit no one to enter or return after closing the polling place.

b. Allow all persons desiring to hear the count to remain.

c. Perform all procedures in public view.

2. Tally Procedures:

a. The Chief Judge, with two other judges, shall open voting machines and unroll the tally sheets

b. Machine count shall be verified by judges.  Machines are closed and locked under supervision of judge.

c. Judges shall tally record sheets from each voting machine.

d. Judges shall tally absentee ballots.

e. Tally sheets shall be verified by a count of the voter cards; a count of "V's" on the Universal registration list and Town Supplemental registration list; and a count of the clerk's numbers in the record book, which has been signed and dated by the clerk and three judges.

f. Voting machine tally sheets and absentee ballots shall be placed in the envelopes, sealed and signed across the seal by the three judges.

g. Voting machines shall be locked and sealed; keys shall be returned to proper envelope

3. The Statement of Election Results shall include the following:

          a. Total number of machine count votes for each candidate and question.

          b. Number of total voter cards issued.

          c. Number of voter card voided.

          d. Number of voter cards not distributed, not voted, or spoiled.

          e. Number of absentee ballots.

          f. Statement of election results shall be dated and signed by three (3) judges, placed in an envelope, sealed and signed across the seal by the three judges.

4. The Chief Judge shall, within forty-eight (48) hours, present to the Mayor the results of the election.

B-3. Supplies - Voting Machines

The Town Council shall provide:

a. All advertising, ballots, voter cards, universal and supplemental registration lists, election supplies and the polling place.

b.  Voting machines (2) with names of candidates and all official referendum questions.

c.  Instructions to voters:

1)  How to operate voting machine.

2)  Statement: IF VOTER NEEDS INSTRUCTIONS ON HOW TO OPERATE THE VOTING MACHINE, ASK FOR ASSISTANCE BEFORE ENTERING THE MACHINE.

3) Statement: Vote for one (1) or more candidates, but no more than a total                          of five (5).

          d. Posters - Minimum of three (3).

          e. Two clerk record books, 8 pencils, and roll of masking tape.

          f. Two tally sheets.

          g. Receptacle(s) for collection of voter cards, one for each voter machine.

          h. Three large envelopes 12x16":

                   1) Envelope #1 - Voter cards.

                   2) Envelope #2 - Spoiled voter cards.

                   3) Envelope #3 - Record books and tally sheets.

          I. Envelope for voting machine keys.         

          j. Name and phone number of contact person for questions concerning the                   Universal registration list.

C. PAPER BALLOTS

C-1. Election Day - Paper Ballots

1. The Chief Judge shall:

a. Meet the Mayor or Town Clerk at the polls one-half hour before opening.

b. Post sample ballot and instructions to the voter outside the poll for public view.  Sample ballot shall show names of candidates, including write-in candidates and all questions.

c. Town personnel shall cordon off an area equal to, but not to exceed, 50 feet around voting place.  Candidates for election shall be instructed they may cross this line only to cast their own vote after polling place is open.  No electioneering by candidates, or their supporters, will be allowed within this 50 foot perimeter.

d. Post instructions to the voters inside the voting booths.

e. Check ballot box to verify that it is empty, lock ballot box and place keys in sealed envelope; all three judges sign across the seal of the envelope.  This sealed envelope shall be placed in the custody of the Chief Judge until the closing of the poll.  Ballot box placed so it is in view of all judges.

f. Ascertain that the sealed package of ballots is not opened until after examination of the ballot box.

g Ascertain number of ballots.

h. Sit in charge of ballot box and the remaining two judges shall sit as registrars and record in the registration book.  Clerks shall sit one with each of the recording judges.

2.The procedure for voting shall be as follows:

a. Voter shall give name and address

b. Clerk shall number consecutively and write name of voter in Clerk Record book.  The number shall correspond with the number on the ballot.

c. Judge shall repeat name of voter, find same in Universal or Town Supplemental

                   registration lists, and repeat name and address before issuing ballot.

1) On the coupon part of ballot, write name of voter, number of ballot issued,      and verify that the number corresponds with the number in clerk record book.

2) Initial ballot.

3) Instruct voter to proceed to voting booth.

4) On Universal or Town Supplemental registration lists, mark with a "V" (for voted).

d. Chief Judge shall:     

1) Inspect each ballot for initials of issuing judge.  If no initials appear on ballot, send voter back to issuing judge.

2) Remove coupon from top of ballot and place on wire provided, or                                                     receptacle provided.

3) Return ballot to voter for voting and insertion in ballot box, warning voter not to fold ballot again.

4) Assure that any questions arising as to qualifications of Universal registered voter shall be referred to the County Board of Supervisors of Elections.  Any question arising as to qualifications of the voter on the Town Supplemental list shall be decided by a majority vote of the judges.

5)  Assist physically handicapped voters as prescribed by Article 33, "Election   Code" of the Annotated Code of Maryland.

6) Insure that any voter who spoils his ballot shall return to the issuing judge, receive another in its place with the same name and number written on the coupon thereof as on the ballot as returned.  No voter shall receive more   than three (3) ballots from the judge because of spoilage.  Said judge shall immediately endorse on the back of returned ballot the word "spoiled" with his initials, insure that the coupon is intact, and retain ballot. 

7) Insure that any voter who does not vote before leaving the polling place shall return ballot to issuing judge and said ballot shall be retained as if spoiled.  Said judge shall endorse on back of the ballot the words "note voted."  Clerk shall draw a line through the voter's name and number in the clerk record book and write thereon "did not vote."  Should the owner of  a "not voted" ballot return, he/she shall be given the same number.  The clerk shall correct the record book.

C-2.    Post-Election - Paper Ballots

1. Judges and Clerks shall:

a. Permit no one to enter or return after closing the polling place.

b. Allow all persons desiring to hear the count to remain.

c. Perform all procedures in public view.

d. Count coupons first.  Judges only

e. Count "V's" (for voted) in Universal and Town supplemental registration lists.

f. Verify totals of coupons, of "V's" and number of voters recorded by clerks.  Judges only.

g. Open ballot box.  Judges only.

h. Count ballots and verify total with all other totals.  Judges only.

i. Place voted ballots in stacks of fifty (50) each for ease in counting against tally sheets.  Judges only.

2. Judges and Clerks shall tally votes.

a. Chief Judge shall sit between the other two judges and call out the vote with the other judges verifying.

b. Consent of two judges voids a ballot, said ballot to be labeled "defective" on the back thereof; then wrapped and returned to ballot box.

c. Voided ballot shall be shown to any challenger or observer but shall not leave the hand of the judge.

d. Clerks facing judges shall make a tally of the vote.

e. Clerks compare tally for each stack of fifty (50) ballots and confirm tally to judges.

f. Tally sheets shall be verified, signed and dated by the clerk and three judges.

g. All spoiled ballots, together with those not distributed, not voted, the tally sheets and clerk record books shall be placed in envelopes, sealed, signed across the seal by the three judges and returned to the Town Clerk.

h. Ballots cast shall be placed in envelopes, sealed and signed across the seal by the three judges.  Said envelopes shall be placed in the ballot box.  Ballot box shall be placed in  a safe and secure place.

3.       The statement of election results shall include the following:

a. Total number of votes for each candidate and question.

b. Number of ballots cast.

c. Number of ballots voided.

d. Number of ballots not distributed, not voted, or spoiled.

e. Number of absentee ballots.

f. Said statement shall be dated and signed by three (3) judges, placed in an envelope, sealed and signed across the seal by the three (3) judges.   

g. The Chief Judge shall, within forty-eight (48) hours, present to the Mayor the results of the election, together with the keys to the ballot box.

C-3.    Supplies - Paper Ballots

The Town Council shall provide:

1. All advertising, ballots, election supplies, and the polling place.

2. Voting booths.

3. Official ballot box.

4. Ballots shall be in packages of fifty (50) in full compliance with Article 33, "Election Code" of the Annotated Code of Maryland.

a. Ballots shall contain only the names of the candidates for elective office and official referendum questions.

b. Advisory or unofficial questions shall be separate from the official ballot so that they can be separated and counted at a convenient time, provided that appropriate safeguards are applied to said ballots and counting shall be accomplished in the same manner as the official ballots.

5. Instructions to Voters (Posted for Public View) as follows:

a. Use only pencils provided in the polling booth.

b. Mark "X" only in the proper box beside each desired candidate or question.

c. Do not fold ballot again.

d. Do not erase or make any identifying mark.

e. If a ballot is spoiled, return it to the issuing judge and request a new ballot.

f. Vote for no more than 5.

6.       Posters - Minimum of three (3).

7.       Two (2) Clerk record books.

8.       Two (2) Tally sheets.

9.       Two (2) small envelopes for ballot box keys.

a. Envelope #1 - for use during election.

b. Envelope #2 - for use after election.

10.     Eight pens.

11.     Indelible pencils, two per booth.

12.     Piece of wire at least 2 feet long or other suitable receptacle for coupons.

13.     Three large envelopes approximately 12 x 16".

a. Envelope A - Ballots cast - locked in ballot box.

b. Envelope B - Unused ballots, spoiled ballots, not voted ballots, clerk record books, and tally sheets

c. Envelope C - Take to Mayor - Statement of Election results

14.     Miscellaneous supplies.
 

Section 109-4.

 Absentee Voting

Rules and regulations for absentee voting shall be as outlined in Article 33, "Election Code" of the Annotated Code of Maryland.

A. Absentee Ballots:  Residents may request an absentee ballot on forms provided by the Town if they are planning to be out of Town on Election Day.  Requests for absentee ballots must be made at least one week prior to the Election.  The absentee ballot must conform to Article 33, "Election Code" of the Annotated Code of Maryland.  Three envelopes must be mailed with absentee ballots: 1) covering envelope; 2) ballot envelope; 3) return envelope.  These envelopes must conform with Article 33, "Election Code" of the Annotated Code of Maryland.  A record must be kept of voters requesting absentee ballot and the date the absentee ballot was mailed.  The absentee ballots are to remain in the unopened official ballot envelope with "Oath of Absentee Voter" in which they are received, and be placed in a receptacle which is designated for the purpose of storing absentee ballots until they are to be counted.  Ballots returned in any envelope other than the official sealed ballot envelope with "Oath of Absentee Voter" shall not be counted.  Absentee ballots must be received before the close of elections.

B. Tally of Absentee Ballots in public view:

1. The clerk will:

a. record the name in the record book;

b. pull the voter card and mark "AB" (for absentee ballot) on the voter card;

c. mark "AB" (for absentee ballot) on the universal or supplemental registration list

2. The judge will:

a. open all the envelopes;

b. validate the ballots;

c. tally all the votes.
Section 109-5.

 Compensation

The Town shall compensate the judges of elections at the rate of one hundred ($100.00) dollars for election day worked, and at the rate of twelve ($12.00) dollars for each additional session required to be worked.  The clerks shall be compensated at the rate of seventy-five ($75.00) dollars for the election day worked and at the rate of twelve ($12.00) dollars for each additional session required to be worked.
 

Section 109-6.  Separability

If any section, subsection, paragraph, sentence, clause, or word contained in this Ordinance shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portion of this Ordinance, which shall remain in full force and effect, and to this end the provisions of the Ordinance are hereby declared to be severable.
 

Adopted March 12, 1980
Effective April 1, 1980
Revised February 14, 1996
Effective April 2, 1996


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