SECTION 601. VOTERS
EVERY PERSON WHO: (1) IS A CITIZEN OF THE UNITED STATES, (2) IS AT LEAST EIGHTEEN (18) YEARS OF AGE, (3) RESIDES WITHIN THE CORPORATE LIMITS OF THE TOWN FOR AT LEAST THIRTY (30) DAYS NEXT PRECEDING ANY TOWN ELECTION, AND (4) IS REGISTERED IN ACCORDANCE WITH THE PROVISIONS OF THIS CHARTER AND IS A QUALIFIED VOTER OF THE TOWN. EVERY QUALIFIED VOTER OF THE TOWN IS ENTITLED TO VOTE IN ALL TOWN ELECTIONS.
SECTION 602. POWERS AND DUTIES OF TOWN CLERK
A. THE TOWN CLERK SHALL BE RESPONSIBLE FOR THE NOMINATION RECORDS FOR INDIVIDUALS SEEKING ELECTED OFFICE IN THE TOWN OF LANDOVER HILLS.
B. THE TOWN CLERK SHALL KEEP A PERMANENT RECORD ON RESIDENTS OF THE TOWN WHO ARE ELIGIBLE TO VOTE IN TOWN ELECTIONS. THE COUNCIL MAY APPOINT ELECTION CLERKS OR ASSIGN EMPLOYEES TO ASSIST THE TOWN CLERK IN ANY OF THESE DUTIES.
C. THE GENERAL RETURN SHEETS (TALLY SHEETS) PRODUCED BY THE VOTING MACHINES AND/OR COLLECTED FROM BALLOT BOXES SHALL BE KEPT BY THE TOWN CLERK FOR SIX (6) MONTHS FROM THE DATE OF SAID ELECTION. AFTER THE SIXTH MONTH HAS ELAPSED, THE TOWN CLERK MAY OPEN THE SEALED ENVELOPE CONTAINING THE GENERAL RETURN SHEETS AND DESTROY THEM.
SECTION 603. ELECTION JUDGES AND NOTICE OF ELECTION
A. PRIOR TO THE DATE OF ANY ELECTION PROVIDED UNDER THIS CHARTER, THERE SHALL BE APPOINTED BY THE MAYOR AND TOWN COUNCIL TWO (2) JUDGES OF ELECTION AND TWO (2) CLERKS OF ELECTION WHO SHALL CONDUCT THE ELECTION IN ACCORDANCE WITH THE PROVISIONS OF THIS CHARTER. THE RULES AND PROCEDURES OF CONDUCTING THE ELECTION SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MARYLAND ON ANY QUESTION NOT PROVIDED FOR IN THIS CHARTER. IN THE EVENT ANY ELECTION JUDGE OR CLERK AFTER APPOINTMENT IS UNABLE TO SERVE, OR DECLINES TO SERVE, THE MAYOR SHALL NAME SOMEONE TO TAKE HIS OR HER PLACE. AT LEAST SEVEN (7) DAYS BEFORE ANY ELECTION, THE MAYOR AND TOWN COUNCIL SHALL CAUSE TO BE POSTED IN A PUBLIC PLACE IN EACH OF THE WARDS OF SAID TOWN, NOTICES OF SAID ELECTION, DESIGNATING THE TIME AND PLACE(S) FOR VOTING AND THE HOURS THE POLLS WILL BE OPEN.
B. THERE SHALL BE A SEPARATE BALLOT FOR EACH WARD ON WHICH BALLOT SHALL CONTAIN THE NAMES OF THE CANDIDATES FOR MAYOR, AND COUNCILMEMBER FROM THAT PARTICULAR WARD, WITH A PROVISION FOR WRITING IN A NAME FOLLOWING THE NAMES OF THE CANDIDATES FOR EACH OFFICE, AND WITH A SQUARE OPPOSITE EACH NAME AND OPPOSITE SAID BLANK ON EACH PRINTED ABSENTEE BALLOT FOR THE "X" MARK OF THE VOTER.
C. SUITABLE BALLOT BOXES OR VOTING MACHINES, POLLING PLACES, PRINTED BALLOTS, TALLY SHEETS, ETC., SHALL BE PROVIDED BY THE MAYOR AND TOWN COUNCIL. THE LANDOVER HILLS COUNCIL SHALL ANNOUNCE IN A PUBLIC MEETING NOT LESS THAN 21 DAYS PRIOR TO THE SCHEDULED ELECTION THE VOTING APPARATUS WHICH SHALL BE USED.
D. THE MAYOR AND TOWN COUNCIL SHALL CAUSE THE REGISTRATION BOOK OR BOOKS TO BE DELIVERED TO THE JUDGES OF ELECTION PRIOR TO THE OPENING OF THE POLLS, AND ONLY THOSE PERSONS WHO ARE DULY REGISTERED SHALL BE PERMITTED TO VOTE.
SECTION 604. VOTER REGISTRATION
A. A VOTER WHO RESIDES WITHIN THE CORPORATE LIMITS OF THE TOWN AND IS REGISTERED WITH THE BOARD OF ELECTIONS SUPERVISORS OF PRINCE GEORGE'S COUNTY SHALL BE DEEMED REGISTERED FOR TOWN ELECTIONS.
B. IN ADDITION, ANY QUALIFIED RESIDENT MAY REGISTER BY MAIL UPON REQUESTING AN APPLICATION FOR VOTER REGISTRATION FROM THE TOWN OFFICE. VOTERS MAY BE REGISTERED AT ANY TIME UP TO THIRTY (30) DAYS PRIOR TO AN ELECTION. NO PERSON IS ENTITLED TO VOTE IN TOWN ELECTIONS UNLESS HE IS REGISTERED.
C. A VALID PRINCE GEORGE'S COUNTY VOTER REGISTRATION CARD SHALL SERVE AS PROOF OF REGISTRATION.
SECTION 605. APPEAL
IF ANY PERSON IS AGGRIEVED BY THE ACTION OF THE TOWN CLERK OR ELECTION JUDGES IN REFUSING TO REGISTER OR IN STRIKING OFF THE NAME OF ANY PERSON, OR BY ANY OTHER ACTION, SUCH PERSON MAY APPEAL TO THE COUNCIL. ANY DECISION OR ACTION OF THE COUNCIL UPON SUCH APPEALS MAY, IN TURN, BE APPEALED TO THE CIRCUIT COURT OF PRINCE GEORGE'S COUNTY WITHIN THIRTY (30) DAYS OF THE DECISION OR ACTION OF THE COUNCIL.
SECTION 606. NOMINATION PETITIONS
A. ANY PERSON WISHING TO RUN FOR MAYOR MUST SUBMIT TO THE TOWN CLERK NOT LESS THAN FORTY-FIVE (45) DAYS NOR MORE THAN NINETY (90) DAYS PRIOR TO THE ELECTION A PETITION IN SUPPORT OF HIS CANDIDACY SIGNED BY AT LEAST THIRTY (30) OF THE REGISTERED VOTERS IN THE TOWN AT LARGE.
B. ANY PERSON WISHING TO RUN FOR COUNCILMEMBER MUST SUBMIT TO THE TOWN CLERK NOT LESS THAN FORTY-FIVE (45) DAYS NOR MORE THAN NINETY (90) DAYS PRIOR TO THE ELECTION A PETITION IN SUPPORT OF HIS CANDIDACY SIGNED BY AT LEAST TEN (10) REGISTERED VOTERS IN HIS WARD.
C. A REGISTERED VOTER MAY SIGN MORE THAN ONE (1) PETITION FOR EACH OFFICE.
D. UPON RECEIPT OF THE PETITION, THE TOWN CLERK SHALL CHECK THE NAMES AGAINST THE CURRENT VOTER REGISTRATION LIST AND PREPARE A LIST OF THE QUALIFIED CANDIDATES FOR PUBLICATION AS REQUIRED IN SECTION 606, F.
E. IN ACCORDANCE WITH THE ETHICS ORDINANCE, AS AMENDED, EACH QUALIFIED CANDIDATE WILL SUBMIT A FINANCIAL DISCLOSURE STATEMENT WITH THEIR PETITION.
F. NOTICE OF NAMES OF CANDIDATES SHALL BE PUBLISHED IN A TOWN NEWSLETTER NOT LESS THAN TWENTY (20) DAYS NOR MORE THAN FORTY-FIVE (45) DAYS PRIOR TO THE ELECTION AND BY POSTING A NOTICE IN SOME PUBLIC PLACE OR PLACES IN TOWN.
SECTION 607. ELECTION OF THE MAYOR AND COUNCILMEMBERS
A. ON THE SECOND TUESDAY OF MAY OF 1995 ALL COUNCILMEMBERS AND THE MAYOR SHALL STAND FOR ELECTION. THE COUNCILMEMBER FROM EACH WARD WHO IS ELECTED WITH THE HIGHEST NUMBER OF VOTES IN HIS/HER WARD IN THE ELECTION HELD ON THE SECOND TUESDAY OF MAY OF 1995 SHALL SERVE A FOUR (4) YEAR TERM. THE COUNCILMEMBER FROM EACH WARD WHO IS ELECTED WITH THE SECOND HIGHEST NUMBER OF VOTES IN HIS/HER WARD IN THE ELECTION HELD ON THE SECOND TUESDAY OF MAY OF 1995 SHALL SERVE A TWO (2) YEAR TERM. THE SEATS OF COUNCILMEMBERS SERVING A TWO (2) YEAR TERM SHALL BE FILLED AT AN ELECTION HELD ON THE SECOND TUESDAY OF MAY OF 1997. THE MAYOR ELECTED IN 1995 SHALL SERVE A FOUR (4) YEAR TERM.
B. ON THE SECOND TUESDAY IN MAY OF 1997 AND EVERY FOUR (4) YEARS THEREAFTER, THE QUALIFIED VOTERS OF EACH WARD SHALL ELECT ONE (1) COUNCILMEMBER FOR A TERM OF FOUR (4) YEARS EACH.
C. ON THE SECOND TUESDAY IN MAY OF 1995 AND EVERY FOUR (4) YEARS THEREAFTER, THE QUALIFIED VOTERS OF THE TOWN SHALL ELECT A MAYOR FOR A TERM OF FOUR (4) YEARS AND THE QUALIFIED VOTERS OF EACH WARD SHALL ELECT ONE (1) COUNCILMEMBER FOR TERMS OF FOUR (4) YEARS EACH.
D. IN THE EVENT THAT THERE IS A VACANCY TO BE FILLED IN ANY WARD AT THE TIME OF A REGULARLY SCHEDULED ELECTION, THAT VACANCY SHALL BE FILLED IN THE REGULARLY SCHEDULED ELECTION IN ACCORDANCE WITH CHAPTER 3 SECTION 5. THE COUNCILMEMBER FROM EACH WARD WHO IS ELECTED WITH THE HIGHEST NUMBER OF VOTES IN HIS/HER WARD IN THE ELECTION SHALL SERVE A FOUR (4) YEAR TERM. THE COUNCILMEMBER FROM EACH WARD WHO IS ELECTED WITH THE SECOND HIGHEST NUMBER OF VOTES IN HIS/HER WARD IN THE ELECTION SHALL FILL THE UNEXPIRED TERM OF THE VACANCY.
SECTION 608. CONDUCT OF ELECTIONS
A. ELECTIONS SHALL BE ON A NON-PARTISAN BASIS. THE BALLOTS AND/OR VOTING MACHINES SHALL SHOW THE NAME OF EACH CANDIDATE NOMINATED FOR ELECTIVE OFFICE IN ACCORDANCE WITH PROVISIONS OF THIS CHARTER, ARRANGED IN ALPHABETICAL ORDER BY OFFICE AND WITH NO PARTY DESIGNATION OF ANY KIND.
B. IT SHALL BE THE DUTY OF THE ELECTION JUDGES TO PROVIDE FOR EACH SPECIAL AND GENERAL ELECTION A SUITABLE PLACE OR PLACES FOR VOTING AND SUITABLE BALLOT BOXES AND/OR VOTING MACHINES. THE ELECTION JUDGES SHALL KEEP THE POLLS OPEN FROM 2:00 P.M. UNTIL 9:00 P.M.
SECTION 609. ABSENTEE BALLOTS
A. ANY QUALIFIED VOTER REGISTERED TO VOTE IN THE TOWN OF LANDOVER HILLS SHALL BE ENTITLED TO VOTE IN ANY MUNICIPAL ELECTION BY ABSENTEE BALLOT.
B. THE TOWN CLERK SHALL MAIL ABSENTEE BALLOTS TO QUALIFIED VOTERS, AT THE REQUEST OF THOSE VOTERS, NOT MORE THAN FIFTEEN (15) DAYS OR LESS THAN TWO (2) DAYS PRIOR TO THE ELECTIONS.
SECTION 610. SPECIAL ELECTIONS
ALL SPECIAL TOWN ELECTIONS SHALL BE CONDUCTED BY THE ELECTION JUDGES IN THE SAME MANNER AND WITH THE SAME PERSONNEL, AS FAR AS PRACTICABLE, AS REGULAR TOWN ELECTIONS.
SECTION 611. VOTE COUNT
THE ELECTION JUDGES SHALL BEGIN COUNTING THE VOTES IMMEDIATELY AFTER THE POLLS HAVE CLOSED. ALL VOTES SHALL BE COUNTED TO INCLUDE THE REGULAR BALLOTS AND ABSENTEE BALLOTS. ONCE THE ACTUAL VOTE COUNT BEGINS, NO PERSONS SHALL ENTER OR LEAVE THE ROOM IN WHICH THE VOTE COUNT IS BEING CONDUCTED UNTIL COMPLETION OF THE VOTE COUNT. THE METHOD AND MEANS OF THE VOTE COUNT SHALL BE IN ACCORDANCE WITH THE MARYLAND ELECTION CODE, AS AMENDED FROM TIME TO TIME, DEPENDING UPON THE TYPE OF VOTING EQUIPMENT OR METHOD USED IN THE ELECTION. THE ELECTION JUDGES SHALL COMPLETE THE VOTE COUNT WITHIN TWENTY-FOUR (24) HOURS AFTER THE POLLS HAVE CLOSED, SHALL DETERMINE THE NUMBER OF VOTES CAST FOR EACH CANDIDATE AND SHALL CERTIFY THIS RESULT TO THE TOWN COUNCIL. THE CANDIDATE FOR ELECTION TO THE POSITION OF MAYOR WITH THE HIGHEST NUMBER OF VOTES SHALL BE DECLARED ELECTED. THE CANDIDATES FOR COUNCILMEMBER IN EACH WARD WITH THE HIGHEST NUMBER OF VOTES SHALL BE DECLARED ELECTED. A TIE VOTE SHALL BE DECIDED BY SPECIAL ELECTION BETWEEN THE TIED CANDIDATES WITHIN THIRTY (30) DAYS.
SECTION 612. PRESERVATION OF TALLY SHEETS AND BALLOTS
TALLY SHEETS, PRINTED BALLOTS, AND RECORDS USED IN ANY TOWN ELECTION SHALL BE PRESERVED FOR AT LEAST SIX (6) MONTHS FROM THE DATE OF THE ELECTION.
SECTION 613. REGULATION AND CONTROL; RUNOFF ELECTIONS
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 TOWN ELECTIONS AND FOR THE PREVENTION OF FRAUD IN CONNECTION THEREWITH AND FOR A RECOUNT OF BALLOTS AND/OR VOTES CAST BY BALLOT BOXES OR VOTING MACHINES IN CASE OF DOUBT OR FRAUD.
SECTION 614. PENALTIES
ANY PERSON WHO: (1) FAILS TO PERFORM ANY DUTY REQUIRED OF HIM UNDER THE PROVISIONS OF THIS CHARTER OR ANY ORDINANCES PASSED THEREUNDER, (2) IN ANY MANNER WILLFULLY OR CORRUPTLY VIOLATES ANY OF THE PROVISIONS OF THIS CHARTER OR ANY ORDINANCES PASSED THEREUNDER, OR (3) WILLFULLY OR CORRUPTLY DOES ANYTHING WHICH WILL, OR WILL TEND TO, AFFECT FRAUDULENTLY ANY REGISTRATION, NOMINATION OR ELECTION, SHALL BE DEEMED GUILTY OF A MISDEMEANOR. 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.