BE IT
ORDAINED, by the Mayor and Council of the Town of Laytonsville, Maryland in
public meeting assembled that the existing ordinance authorizing voting by
absentee ballot is hereby amended as follows:
Ordinance to Authorize Voting by Absentee Ballot
Sec. 1. Persons
Entitled to Absentee Ballot
Any person qualified to vote in the Town elections and
referendums, who will be absent from the town for any reasons on the day of
such election or referendum, or who by reasons of physical disability is unable
to be present at the polls on election day, shall be entitled to vote by
absentee ballot.
Absentee ballots may be cast by a qualified voter in
person or by an authorized agent of the absentee voter who is also a qualified
voter or by mail provided such ballots are received by the Town Clerk not later
than four (4) hours prior to the time of closing of the polls on election day.
Sec. 2. Supply
The Clerk of the Town shall have on hand, at least
fourteen (14) days prior to such election or referendum, an adequate supply of
absentee ballots, envelopes, and instructions for casting ballots, for
distribution to qualified absentee voters or their authorized agents.
Sec. 3. Application
for Absentee Ballot
An application for an absentee ballot shall be made in
writing to the Town Clerk no later than 1:00 p.m. on the fourth day before the
election. The application shall be made by the qualified voter in person or by
mail, except that when the voter is physically disabled, the application may be
made by the voter’s authorized agent. (4.4.95)
Sec. 4. Information
Required
All applications for absentee ballots shall contain
the signature, printed or typed name, and residence address of the voter within
the corporate limits of the Town and any mailing address different than the
residential address. If the application is made by an
authorized agent, in addition to the information
specified above, the application shall also set forth the signature, printed or
typed name, and residence address of the agent. In all cases, the application shall set forth the reason the
voter will be unable to be present at the polls on election day.
Sec. 5. Issuance
Upon receipt of a complete and proper application, the
Town Clerk shall upon confirming that the applicant is a qualified voter issue
to the applicant or his authorized agent, either in person or by mail an
absentee ballot, a ballot envelope, on which the voters name shall be written
or typed, a return envelope, and instructions for casting the ballot. Any ballot that is not secured in person by
the absentee voter or his/her authorized agent making application therefore
shall be sent by first class mail to the approved applicant as expeditiously as
possible but not later than the close of business on the sixth day before the
election.
Sec. 6. Lost
or Destroyed Ballot
If an absentee ballot is lost or destroyed,
upon verification under oath that it has been lost or destroyed, a second
ballot may be issued if there is sufficient time for it to be returned to the
Town Clerk no later than four (4) hours prior to the closing of the polls,
Otherwise only one absentee ballot may be issued to each absentee voter
applicant.
Sec. 7. Marking
Ballot and Delivery
An absentee voter shall cast his ballot by marking the
ballot in accordance with the instructions issued to him, placing the ballot in
the ballot envelope, sealing the ballot envelope, placing the ballot envelope
in the return envelope, printing or typing his name and residence address on
the return envelope, and returning the return envelope to the Town Clerk by mail
or hand delivery so that the same is received by the Town Clerk no later than
four hours prior to the closing of the polls on election day.
No name, address, or words shall be written on the
ballot envelope except the words “ballot envelope” and the instructions shall
warn the voter that he is not to sign or place his name or address on that
envelope, but that he shall type or print his name and residence address on the
return envelope.
Any otherwise qualified voter who is physically
disabled and is unable to mark his absentee ballot and sign the required oath,
due to his disability, may be assisted in executing the absentee ballot by any
person who is also a qualified voter in the Town. Any person rendering assistance pursuant to this subsection shall
execute a certification on the absentee ballot which shall include the
signature of such person, the person’s current address and telephone number and
the statement that the person has assisted the voter in the preparation of the
absentee ballot according to the voter’s stated intention and with his consent.
Sec. 8. Check
of Return Envelopes Against Applications For Absentee Ballot
The Town Clerk shall keep a record of each application
for an absentee ballot showing the date and time of the receipt of the
application and the name and address of the applicant. Such records shall also show the date and
time of the delivery or mailing of the absentee ballot to the applicant or his
agent and the date of the return of the ballot to the Town Clerk’s office.
On election day, during the [two hours] four
hours preceding the closing of the polls, the Town Clerk shall deliver all
sealed return envelopes to the Judges of Election, together with an official
list of the absentee ballots which have been issued pursuant to written
applications therefor. The Judges of
Election shall check the sealed return envelopes against the list of written
applications for absentee ballots. If
there is any return enveloped for which no written application has
been filed, the sealed envelope and its contents shall be destroyed, and any
ballot contained therein shall not be counted.
Sec. 9. Checking
Return Envelopes Against Voters Voting in Person
After checking the return envelopes against the
application filed for absentee ballots as above described, the Judges of
Election, upon the closing of the polls but not before, shall check the return
envelopes against the list of persons
who have voted in person, and shall destroy any sealed envelope from a voter
who has voted in person and any ballot contained therein shall not be counted.
Sec. 10. Counting
Ballots
Thereupon, the Judges of Election shall open the
return envelopes, remove the ballot envelopes therefrom, and place all ballot
envelopes in the ballot box for counting.
When the Judges of Election are ready to make their count, they shall
open the ballot envelopes and the absentee ballots taken therefrom shall be
counted, except, that if an envelope contains more than one ballot, or if more
than one absentee ballot is received from the same voter or if the voter has
voted in person none of the ballots taken from that envelope shall be counted.
A vote on an absentee ballot for a person who has
ceased to be a candidate shall not be counted, but such vote shall not invalidate
the balance of such ballot.
Sec. 11. Death
If the Judges of Election shall determine that the
voter whose name is written on the return envelope has died before election
day, that envelope shall be destroyed and the ballot contained therein shall
not be counted. Nevertheless, the
discovery of the death of an absentee voter after his ballot has been placed in
the ballot box shall not invalidate the ballot or the election at which the
ballot is cast.
Sec. 12. Referendums
Included
The provision of this Ordinance shall apply to
referendums as well as to elections, and the words “election” and “elections”
shall be deemed to include “referendum” and “referendums” respectfully.
Sec. 13.
Contests
Any contest concerning eligibility for an absentee
ballot or validity of an absentee ballot shall be decided by the Judges of the
Election.
Sec. 14.
Penalties
Any person who shall cast or attempt to cast an
absentee ballot in the name of any person other than him/her self, when they
are the [an] authorized agent for the
absentee voter shall be guilty of a misdemeanor and shall upon such finding by
a court of competent jurisdiction be subject to a fine in the amount of
one-thousand dollars ($1,000.00) or six (6) months in jail.
Adopted
this _5th____ day of
_____________________August, 2003 by
the Town Council of Laytonsville, Maryland.
__________________________________
Charles
W. Oland, Mayor
THIS IS TO CERTIFY that the foregoing
Ordinance was adopted by the Town Council
of Laytonsville in public meeting on the
_____5th day of _________________ August, 2003 and
shall become
effective on the _____ 5th day
of _____________________August, 2003.
_______________________________
Cathy Buit, Town Clerk