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ORDINANCE NO. 03-05
AN ORDINANCE TO ESTABLISH PROCEDURES AND
REGULATIONS WITH RESPECT TO REGULATING
ELECTIONS WITHIN THE TOWN OF LAYTONSVILLE
BE IT ORDAINED by the Mayor and Council of the Town of Laytonsville, Maryland in public meeting assembled that an ordinance to establish procedures and regulations dealing with elections in the Town his hereby enacted to read as follows:
ELECTIONS
ARTICLE I. IN GENERAL
Sec. 1.1. Scope and Intent of Ordinance.
The provisions of this Ordinance are intended to be in addition to and supplementary to the Charter of the Town of Laytonsville, Maryland and any provision of this ordinance found to be in conflict with a provision of the Town Charter or the laws and Constitution of the State of Maryland shall be null and void.
Sec. 1.2. Definitions.
As used in this Ordinance, the following terms shall have the meanings indicated unless a contrary meaning is clearly intended from the context in which the terms appears:
Candidate: Individual who seeks nomination for election, or seeks election to Town office.
Contribution: A gift, or promise of gift of money, donated to any candidate or his/her representative, or a representative of any political committee or proposition submitted to a vote at any election.
Contributor: Any corporation, business, other legal entity or a person who makes a contribution or expenditure, of cash or in-kind contribution, to or on behalf of a candidate.
Election: General, special or recall elections and any referendum voting.
Expenditure: Any transfer, disbursement or promise of money or valuable thing (in-kind contribution), by a candidate, treasurer, or other agent of such candidate, or political committee to promote or assist in the promotion of the success or defeat of a candidate or proposition submitted to a vote at any election.
In-kind contribution: Any thing of value, other than a gift or promise of money, donated to any candidate or his representative, or a representative of any political committee, to promote or assist any candidate, political committee or proposition submitted to a vote of any election.
Judges: Means the Judges of Elections as provided in the Town Charter
Person: Includes any person, firm, organization or business entity.
Report: A report of expenditures, loans, and contributions (in-kind or cash) received by any candidate.
Surplus campaign funds: Funds left in a candidate’s account after the election is certified and all campaign debts, including all loans, have been paid.
Treasurer: Any person appointed by a candidate to receive or disburse money or other things of value to promote or assist in the promotion of any candidate or proposition.
Sec. 1.3. Additional duties of Judges of Elections
The Judges of Elections shall be in charge of all Town elections which includes, but is not limited to, the registration of voters, nominations, verification of eligible candidates, recommending to the council changes in election laws and procedures, ensuring that candidates for office are residents of the Town and the ability to investigate, hold hearings and make determination on any alleged violations of the Charter pertaining to elections or the Elections Ordinance. The Mayor may designate staff to assist and support the Judges of Elections in its
official duties.
Sec. 1.4. Supplemental voter registration list
The Board of Judges or its designee shall give notice to occupants of the Town, who are not otherwise registered to vote with the Montgomery County Board of Elections, not less than sixty (60) days prior to any Town election, of the right of qualified voters to vote in Town elections. Such notice shall request that any person qualified to vote in the Town election submit the following information to the Board of Judges in care of the Town Clerk not less than thirty (30) days prior to the election: Full name, street address of residence, birthdate and length of residence in the Town. Those persons timely responding who are qualified to vote, shall be recorded on a supplemental registration list and be entitled to vote.
Sec. 1.5. Filing for elected office
A qualified person may file for elected office in the Town by filing a petition asking that his/her name be placed upon the ballot for the office sought. Such petition shall be filed with the Judges of Election in care of the Town Clerk at Town Hall on or before the close of business in the forty-fifth day preceding the next general election. No person shall seek election to more than one Town office at any one time.
Sec. 1.6. Petitions of candidates – Form.
A petition of a candidate for elected office in the Town shall be in such form as the Judges of Elections shall prescribe. Such petition shall be signed by the candidate, shall bear his/her address and telephone number and shall state the period during which he/she has been domiciled in the Town. It shall also state the candidates name as he/she wishes it to appear on the ballot. The use of nicknames, titles, degrees or other professional designations shall not be permitted.
Sec. 1.7. Same – Review by Judges of Elections.
Promptly after the receipt of a petition, the Judges of Elections shall review the petition to determine whether the candidate is eligible for election to the office which he/she seeks. The candidates shall be promptly notified in writing at the address shown on the petition and by telephone, if possible, of the findings of the Judges of Elections. In the event the Judges shall find that the candidate is not eligible for election to the office which he/she seeks, the board shall, at the request of the candidate, hold a public hearing at which the candidate shall have the opportunity to present evidence to show that the finding of the Judges of Elections is erroneous.
Sec. 1.8. Same- acceptance or rejection.
If the Judges of Elections shall find, after review of the petition and after the public hearing, if any, that the candidate is eligible for election, the petition shall be accepted; otherwise, the petition shall be rejected. All candidates’ names shall be placed upon the ballot after acceptance of the petition, and no petition may be withdrawn by the candidate after the last date for filing petitions has expired.
Sec. 1.9. Powers and duties of the Judges of Elections.
(A) In addition to any power, duty and responsibility provided in the Town Charter, the Judges of Elections shall be in charge of all Town elections and election matters. The Judges of Elections shall have the power and authority to:
(1)Issue and maintain all election records in a separate filing system provided by the Town.
(2)Provide for the nominations for elected Town officers and verify the eligibility of election candidates, which includes reviewing and certifying petitions for office and all ballot questions and issues as outlined in this Ordinance, verifying that such candidates are residents of the Town of Laytonsville, and verifying election results.
(3)Make recommendations to the Mayor and Town Council concerning the number and location of election polling places.
(4)Provide, receive, review and certify that campaign reports from candidates are timely and complete as outlined in the elections code.
(5)Coordinate town staff, with the approval of the Mayor, to assist and support the board in its official duties.
(6)Provide for voting by absentee ballot.
(7)Validate the authenticity of returned absentee ballots.
(8)Select and train election judges to assist in the operation of the polling places on election day. The board shall also oversee the operations of the polling places.
(9)Issue the official election ballot.
(10)Certify all election results.
(11)Provide for recount of ballots.
(12)Administer and enforce all election laws and election matters.
(13) Investigate, conciliate complaints, hold hearings and make determination on any alleged violation of the elections provisions of the Charter or Elections Ordinance of the Town.
(14) Implement enforcement actions, which include cease and desist orders, and the ability to make recommendations to the Town Mayor to impose civil penalties not to exceed One Thousand Dollars ($1,000.00). The board shall have the power to seek judicial enforcement of its decisions by application to courts of competent jurisdiction for injunctions, mandamus and other appropriate judicial review when conducting an administrative review. The board may also refer complaints to the Office of the State’s Attorney for prosecution as the circumstance may warrant.
(B) Any hearing conducted by the board shall be open to the public, except that either the complaining party or the respondent may request, in writing, a private hearing which may be granted at the discretion of the board. The board shall have the power to summon all witnesses it deems necessary. The complaining party or parties and the respondent may, at their option, appear before the board in person or by duly authorized representative(s) and may have the assistance of an attorney. The parties may present testimony and evidence which shall be given under oath, or by affirmation. The board shall keep a full record of the hearing. If the hearing is public, the record shall be open to inspection by any person, and, upon request by any principal party to the proceeding, the board shall furnish such party a copy of the hearing record, if any, at such charges as are necessary to meet costs. The board may extend the time for any hearing and the issuance of any finding, opinion and orders. The board has the power to adopt rules and procedures with reference to the conduct and manner of these proceedings.
Sec. 1.10. Filing procedure for complaints.
Any person who is a qualified voter of the Town believes that a violation of this Ordinance or a provision of the City Charter pertaining to election matters has occurred, may file a written complaint with the Judges of Elections. The complaint shall include all particulars of the allegation, and must be signed by the complaining party under oath or affirmation. Such complaint must be filed with the board within thirty (30) days of the date of the alleged violation.
Sec. 1.11. Investigation of complaints.
After the filing of any complaint, the Judges of Elections or their designee shall make such investigation as deemed appropriate to ascertain whether there are reasonable grounds to believe the allegation is true. The board may request the assistance of the Town Attorney and Town Clerk in this investigation.
Sec. 1.12. Procedure when violation of Election Ordinances or Charter is not found.
If the Judges of Elections, in investigating a complaint, determines prior to a public hearing that there are reasonable grounds to believe that a violation of this chapter has not occurred, the Judge’s shall issue a written order dismissing the complaint. If a public hearing is conducted and at the conclusion thereof the Judges of Elections determines upon a preponderance of evidence, that the respondent has not violated this Ordinance or this Town Charter, the board shall state in writing and publish its findings and issue an appropriate order.
Sec. 1.13. Procedure when violation of Election Ordinance or Charter is found.
(A)If the board of supervisors of elections, in investigating a complaint, determines there are reasonable grounds to believe that a violation of this chapter has occurred, the board shall after reasonable notice conduct a public hearing.
(B) If, at the conclusion of a hearing, the board determines, upon the preponderance of the evidence of the record, that the respondent has violated this Ordinance or any applicable charter provision, the board shall state and publish its findings and issue an order. Such order shall require the respondent to cease and desist from such unlawful conduct, and may include recommending to the Mayor and Town Council for the imposition of criminal or civil penalties not to exceed One Thousand Dollars ($1,000.00) or such other action as deemed necessary by the Judges of Elections to enforce its findings and order.
Sec. 1.14. Penalty for violation of election, registration, etc., provisions.
Any person who (a) fails to perform any duty required of him/her under the provisions of this Elections Ordinance or the Town Charter relating to elections, or any ordinances passed thereunder, or (b) violates the provisions of this Ordinance or the Town Charter relating to elections; or (c) willfully or corruptly does anything which will tend to affect fraudulently any registration, nomination or town election, shall be deemed guilty of a misdemeanor and may be fined not to exceed One Thousand Dollars ($1,000.00), or imprisoned not to exceed six (6) months, or both, unless violations of such ordinance has been specifically designated a municipal infraction by Resolution of the Mayor and Town Council. Any officer or employee of the Town 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.
In addition thereto, the Town may institute injunctive, mandamus or any other appropriate action or proceedings at law or equity for enforcement of this Ordinance or Charter provision or to correct violations of this Ordinance or Charter provision, any court of competent jurisdiction shall have the right to issue restraining order, temporary or permanent injunctions or mandamus or other appropriate form of remedy or relief.
ARTICLE II. FINANCIAL CONTRIBUTIONS AND EXPENDITURES
Sec. 2.1. Reporting of contributions and expenditures.
Every candidate for election to any elective office provided for in the Town Charter shall file with the Judges of Elections, written reports under oath in accordance with this article of all cash or in-kind contributions received by him/her or by any other person acting on his/her behalf and known to him/her for use in connection with his/her campaign for election, and any expenditures made by him/her, or known to him/her to have been made by an person other than himself/herself on his/her behalf, in connection with such election. Such reports shall be on forms supplied by the Town Clerk. All expenditures, and any contributions or in-kind contribution shall include all items as defined in section 1.2 of this Elections Ordinance.
Sec. 2.2. Time and manner of reporting.
(a)The first report of a candidate in a general election shall be filed at the Town Hall with the Judges of Elections or their designee on or before the last day to file for elected office.
(b)The second report of such a candidate shall be filed with the Judges of Elections or their designee on the last Thursday prior to such general election.
(c)The final report of every candidate in a general election, whether elected or not, shall be filed on the last day of the month following the month in which the general election was conducted.
(d)Every such report shall be available for inspection by any person at the Town Hall during regular business hours.
(e)If the last day of the month on which any report is due shall fall on a Saturday, Sunday or a legal holiday, then such report shall be required to be filed on the next following day when Town offices are open for regular business.
Sec. 2.3. Failure to file report.
Any candidate who shall fail to file the first report required by this article on or before the last day to file for elected office shall not be eligible and his/her name shall not appear on the ballot for such election.
Any candidate elected to the office to which he/she seeks, who shall fail to file any report required by this article to be filed before a general election shall not be administered the oath of office and permitted to serve until such report has been filed.
Sec. 2.4. Custody of reports.
All reports required by this article shall be retained by the Town and maintained by the Judges of Elections in a separate filing system as provided by the Town for not less than five (5) years after the election to which they pertain.
Sec. 2.5. Limitations on campaign contributions.
No candidate may accept, in connection with any election, a contribution in cash in excess of Five Hundred Dollars ($500.00) or an in-kind contribution, or combination thereof, the value of which is in excess of Five Hundred Dollars ($500.00) from any one person. No person may contribute or promise to contribute in the aggregate, more than Five Hundred Dollars ($500.00) in cash, or in-kind contributions, valued at more than Five Hundred Dollars ($500.00), to any one candidate in connection with any one election. No person may contribute or promise to contribute in the aggregate, more than Five Hundred Dollars ($500.00) in cash per candidate, or in-kind contributions, or combination thereof, valued at more than Five Hundred Dollars ($500.00) per candidate, to any one political committee appointed by more than one candidate. No candidate shall accept any contribution in excess of Twenty-Five Dollars ($25.00) in cash unless it be by check, money order or written instrument. No candidate shall accept any anonymous contribution in excess of Five Dollars ($5.00) in cash nor shall he/she accept more than Three Hundred Dollars ($300.00) in anonymous contributions in connection with any election. Any anonymous contribution received by a candidate in excess of the limits stated herein shall be promptly paid over to the Town to be used for any lawful purpose.