Chapter 5.04
GENERAL PROVISIONS

Sections:

5.04.010    Purpose.

5.04.020    Definitions.

5.04.030    Construction of this title.

5.04.010 Purpose.

The purpose of the election procedures contained in this title is to provide for the conduct of City elections administered pursuant to the powers granted to the Council to provide for the conduct of registration, nominations and voting in City elections and for the prevention of fraud in connection with such elections. (Ord. 2022-30 § 1, 2022/Ord. 2020-7, 2020/Ord. 2015-28, 2015/prior code § 4D-1)

5.04.020 Definitions.

As used in this title, the following terms shall have the meanings indicated unless a contrary meaning is clearly intended from the context in which the term appears:

“Agent” means any person who represents and acts for another.

“Authorized representative” means any person appointed or designated by a candidate or a political committee to file campaign reports or to be responsible for campaign material published or distributed.

“Ballot” is the means by which a vote is cast. “Ballot” or “ballots” includes paper ballots, absentee ballots, provisional ballots, or a voting machine ballot, whichever in context is appropriate.

“Campaign material” means any printed or electronic statement or advertisement that contains text, graphics, or other images, including social media; relates to or concerns any candidate or prospective candidate or any matter or issue which has been submitted to a vote at an election or is in the process of being petitioned to referendum; and is published or distributed to anyone by, at the request of, or under the authority of a candidate or political committee.

“Campaign report” means a report of all contributions received by a candidate and all distributions made by a candidate.

“Candidate” means any individual who seeks nomination or election to the office of Mayor or Councilmember.

“Contribution” means any gift, subscription, loan, advance, deposit of money, transfer of money, or transfer of anything of value made by any person to any candidate or political committee for the purpose of influencing any election for City office. The term “contribution” does not include the value of services provided without compensation by an individual who volunteers on behalf of a candidate as a campaign worker and it does not include safe harbor events.

“Disbursement” means any purchase or payment made by a candidate that is subject to this title. This term includes expenditures and all other kinds of payments by a candidate not made to influence an election.

“Election” means the process by which the voters of the City vote for Mayor or Councilmember, any Charter amendment, proposition or question and, unless otherwise indicated, shall include all elections, general, special, runoff and referendum.

“Expenditure” means any purchase, payment, distribution, loan, advance, deposit, or gift of money or transfer of anything of value, made by any person for the purpose of influencing any election for City office, including any promise or agreement to make an expenditure.

The term “expenditure” does not include:

1.    Any news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate;

2.    Nonpartisan activity designed to encourage individuals to vote or to register to vote; or

3.    Any communication by any membership organization or corporation to its members, stockholders, or executive or administrative personnel, if such membership organization or corporation is not organized primarily for the purpose of influencing the nomination for election, or election, of any individual to City office.

“In-kind contribution” means any nonmonetary contribution, such as goods or services offered free or at less than the usual and normal charge, including expenditures made by any person or entity in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or an agent of a candidate.

“Person” means an individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons, but such term does not include the City of Takoma Park or any authority of the City.

“Personal funds” means any assets which the candidate has a legal right of access to or control over, and which they have legal title to or an equitable interest in, at the time of candidacy; income from employment; dividends and interest from, and proceeds from sale or liquidation of, stocks and other investments; income from trusts, if established before the election cycle; income from trusts established by bequests (even after candidacy); bequests to the candidate; personal gifts customarily received by the candidate prior to the beginning of the election cycle; and proceeds from lotteries and similar games of chance.

“Political committee” means any combination of two or more persons formed in any manner which independently collects or expends a cumulative amount of $100.00 or more to assist in the promotion of the success or defeat of any candidate for City elective office or any cause to be submitted to the voters.

“Provisional ballot” means a ballot that is cast by an individual but not counted until the individual’s qualifications to vote have been confirmed by the Takoma Park Board of Elections.

“Registration” means the act by which a person becomes qualified to vote in any election in the City or the process outlined in Chapter 5.10.

“Safe harbor events” means:

1.    The use of real or personal property, including a church or community room used on a regular basis by members of a community for noncommercial purposes, when said real or personal property is used for a candidate-related or political-committee-related activity, and the cost of invitations, food, and beverages, voluntarily provided by an individual to any candidate or any political committee on the individual’s residential premises or in the church or community room for candidate-related activities, to the extent that the cumulative value of such invitations, food, and beverages provided by such individual on behalf of any single candidate does not exceed $200.00 with respect to any single election; or

2.    The sale of any food or beverage by a vendor for use in any candidate’s campaign or for use by or on behalf of any political committee of a political party at a charge less than the normal comparable charge, if such charge is at least equal to the cost of such food or beverage to the vendor, to the extent that the cumulative value of such activity by such vendor on behalf of any single candidate does not exceed $200.00 with respect to any single election; or

3.    Any unreimbursed payment for travel expenses made by any individual on behalf of any candidate or any political committee, to the extent that the cumulative value of such activity by such individual on behalf of any single candidate does not exceed $200.00 with respect to any single election.

“Surplus campaign funds” means funds left in a candidate’s campaign account after the election is over and all campaign debts (including all loans) have been paid.

“Voting system” means a method of casting and tabulating ballots or votes. (Ord. 2022-30 § 1, 2022/Ord. 2020-7, 2020/Ord. 2015-28, 2015/Ord. No. 2009-22, 5-18-09/prior code § 4D-2)

5.04.030 Construction of this title.

This title shall be construed so as to permit fair elections through in-person voting, mail-in ballot voting, absentee ballot voting, and provisional voting, or any combination of said voting methods should the Council so determine by ordinance. (Ord. 2022-30 § 1, 2022/Ord. 2020-20, 2020)