MML Convention Tuesday, June 10, :30 a.m. – 9:45 a.m. WORKSHOP: MUNICIPAL ELECTION ISSUES

MUNICIPAL ELECTION ISSUES Thomas N. Yeager, Esquire Law Office of Thomas N. Yeager 203 Maple Avenue Chestertown, MD (410) Kimberley A. Rau, Clerk to the Council City of Laurel 8103 Sandy Spring Road Laurel, MD (301) Mauritz “Marty” Stetson, Councilman Town of Chestertown 118 N. Cross Street Chestertown, MD (410)

What Law Applies? Municipal Charter Municipal Code State Election Code  Only in Limited Instances

2014 General Assembly 3 Bills Signed into Law Impacting Municipal Elections  HB 827  SB 269  SB 438

HB Campaign Finance Reports Applies Only to Municipalities that Require Campaign Finance Reports Reports Filed with the Municipality Must Also be Filed with the State Must be Done Within 10 Days of the Municipal Report Filing Deadline Codified as Section of the Local Government Article

SB Voting Offenses, Penalties, and Enforcement Certain Offenses Which Are Violations of State Election Law Are Now Also Violations of Municipal Election Laws § of State Election Code Examples  Impersonating a Voter  Voting More Than Once  Use of Fraud, Force, Threat, Bribery, etc. to Influence a Voter  Can Be Prosecuted By Either the State’s Attorney or the State Prosecutor

SB 438 – Inclusion of Municipal Offices and Questions on State Ballot A Municipality May Request That Municipal Offices and Questions Be Included on the State Ballot Municipal Election Would Have to Coincide with the Statewide Election Applies to Both Candidates and Questions

SB 438 – Inclusion of Municipal Offices and Questions on State Ballot Municipal Charter and Election Deadlines and Procedures Must Be Consistent with the State Election Code Municipality Must Make Request At Least 18 Months Before the Filing Deadline for Candidates in the State Election State, After Consultation with County Elections Board, has 30 days to Make Decision

SB 438 – Inclusion of Municipal Offices and Questions on State Ballot If Municipal Election Is Already on State Ballot, an Additional Request Is Not Required Unless There Has Been a Significant Change in the Municipalities Election Procedures Potential Problems/Concerns  Municipality Required to Reimburse State Board and County Board for Additional Costs Incurred  County Voting Districts and Municipality Wards Most Likely Will Not Match

Public Information Act Are Ballots Public Information? Ballots Must Be Kept Secure Until After the Time to Challenge the Election Has Passed They May Be Disclosed Pursuant to the Public Information Act After That Time

Referendums Charter Amendments – Yes Local Government Article §§ & Ordinances – Depends on Charter  Betterton – No  Cecilton – No  Chesapeake City – Yes  Galena – No Sufficiency of Petition What Is a Signature?

Voter Registration Must Be a “Resident” to Vote Determined By Domicile Non-Resident Property Owners May Not Vote All Residents Who Are Registered to Vote With the County Board of Elections Are Automatically Registered to Vote in the Municipal Election Qualified Voters Who Are Not Registered With The County Can Register Directly With the Municipality

Absentee Voting State Law Requires That Municipalities Allow Absentee Voting Procedures Are Left to the Municipality Bill Requiring No-Excuse Absentee Voting Failed to Pass

MUNICIPAL ELECTION ISSUES Town of Chestertown

Town of Chestertown Ordinance Campaign Finance Entity and Treasurer Required Limitation on Contributions Distribution of Surplus Funds  Returned Pro-Rata to Contributors  Contributed to Charity  Paid to the Town Runoff Election  If Tie, Rather Than Coin Flip  If There are Four or More Candidates and No Candidate Gets At Least 35% of the Vote

MUNICIPAL ELECTION ISSUES City of Laurel

HB 827 Municipal Elections – Campaign Finance Reports – Submissions of Copies to the State Board of Elections The City of Laurel requires Campaign Contribution/Disbursement Reports filed prior to the Election and immediately following. Currently have issues with three candidates who have not filed their last report. SB269 Local Government – Municipal Elections – Voting Offenses, Penalties, and Enforcement The City of Laurel has previously reported potential voting fraud to the State’s Attorney’s Office with no action taken to prosecute. SB 438 Municipal Elections – Inclusion of Offices and Questions on the State Ballot The City of Laurel is within Prince George’s County. The voting districts and the City’s ward boundaries do not match. The County has previously said they would not be able to administer municipal elections along with county and state elections. MUNICIPAL ELECTION ISSUES

ABSENTEE BALLOTS City of Laurel Charter - Article 600. Registration and Elections - Sec Absentee ballot. Any qualified voter registered to vote in the elections of the city is entitled to vote by absentee ballot. An absentee ballot shall be considered as received timely provided: (a) It is received by the board of election supervisors prior to the closing of the polls on election day; or (b)(1)It was mailed before election day; and (2)The United States Postal Service, an Army Post Office, a Fleet Post Office, or the postal service of any other country, has provided verification of that fact by affixing a mark so indicating on the covering envelope; if the covering envelope contains no such mark, a determination as to date of mailing shall be made by the board of election supervisors, in the sole and absolute discretion of such board, based upon such other evidence as may be available; and (3)The board receives the ballot from the United States Postal Service not later than 5:00 p.m. on the Wednesday following election day. MUNICIPAL ELECTION ISSUES

City of Laurel – Absentee Voting Process Application for the Absentee Ballot. Applications must be received one week prior to Election Day. Registration is verified and Absentee Ballot is mailed along with instructions for filling out the Absentee Ballot, a secret ballot envelope, a Confidential Materials Official Voting Ballot Envelope on which is the Oath of Absentee Voter. Absentee Voting Log is kept with voters information along with the application and the date the ballot was mailed and the date it was received. Ballots are stamped with the date received and kept in a locked safe until Election Day. Absentee Ballots are numbered on a stub that is removed from the ballot prior to mailing and attached to the Absentee Ballot application. All paper ballots (absentee and provisional) are opened the day after the election.

MUNICIPAL ELECTION ISSUES City of Laurel – Absentee Voting Process Board of Elections meet at 5:00 p.m. open all paper ballots. Board of Election Supervisors open all paper ballots, separating envelopes from the ballots. Paper ballots are scanned on an optical scanner. Board of Election Supervisors announce the official vote count after the paper ballots have been counted and tallied with the machine counts from Election Day.

MUNICIPAL ELECTION ISSUES CERTIFICATES OF NOMINATION PETITIONS City of Laurel Code – Chapter 6. Elections. Article I. In General. Sec Certificates for nomination. (a)Certificates of nomination shall be filed with the clerk to the board as required by the board of elections. (b)Said certificate for nomination shall be in writing or an official nomination certificate provided by the clerk and signed by not less than thirty (30) duly qualified city voters, who reside and are registered in the same ward as the candidate running for office. The person seeking elected office shall solicit and witness each signature on the petition. The certificate of nomination shall include the following: (1)Name and address of the candidate. (2)Office sought by the candidate. (3)Printed name (first, middle and last name) of the registered voter signing petition. (4)Printed address of the registered voter signing petition.

MUNICIPAL ELECTION ISSUES CERTIFICATES OF NOMINATION PETITIONS Continued. (5)Signature of registered voter signing petition. (6)Date of birth of the registered voting signing petition. (7)Statement signed by only the candidate indicating they personally solicited and witnessed all signatures on the certificate of nomination. Any printed name, address or signature that is not legible is subject to be disqualified by the board of election supervisors. (c)Filing fee. Said certificate for nomination must be submitted to the office of the clerk accompanied by a filing fee of forty dollars ($40.00). Each candidate shall file an affidavit provided by the clerk, containing a sworn statement providing the candidate's name, date of birth, and residence address. The board of elections supervisors shall meet on the first Monday in October to receive the certificates of nomination from the clerk and certify the official election ballot.

RESOURCES City Charter/Code Board of Election Supervisors  Rules of Procedure County Election Office Registration and Election Laws of Maryland

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