Chapter 5.16
VOTING
Sections:
5.16.030 Instruction and assistance in voting.
5.16.040 Time allowed for voting.
5.16.070 Election challenges and appeals.
5.16.080 Inspection of ballots in the event of an election challenge or appeal.
5.16.010 Voting systems.
A. Only one voting system may be used in any City election.
B. The City Council may purchase, rent, lease or otherwise acquire such voting systems and related equipment as may be required for an election. (Ord. 2022-30 § 1, 2022/Ord. 2020-7, 2020/Ord. 2015-28, 2015/Ord. No. 2009-22, 5-18-09/prior code § 4D-10)
5.16.020 Ballots.
A. The City Clerk shall provide ballots for all elections which shall contain:
1. The name of every candidate who has been nominated in accordance with the provisions of the Charter and with this title;
2. A description of every question which is to be submitted to a vote.
B. All ballots shall be in plain clear type suitable for the voting system.
C. The form and arrangement of all ballots shall be determined by the City Clerk in accordance with the following requirements:
1. In all elections, the names of candidates shall be arranged alphabetically on the ballots according to their surname, under the designation of office. The names of the candidates for Mayor shall appear first on the ballots, followed by the names of the candidates for Councilmember according to the numeric designation of the ward. Honorifics and titles shall not appear on ballots.
2. No ballot shall contain a party designation of a candidate.
3. Each ballot shall contain appropriate instruction to the voter.
4. All ballots shall contain a statement in understandable language of every question to be submitted to a vote at any election.
5. The City Clerk shall prepare and certify the form in which a question shall appear, and each question may be captioned with a descriptive title containing not more than five words.
6. Each ballot question shall appear on the ballot following the name of the candidates and shall be accompanied by the words “For” and “Against.”
D. If, because of an error in printing or a change in circumstances, the City Clerk at any time finds it necessary to make a change in a ballot, the City Clerk shall promptly change the ballots by taking the following action:
1. If there is sufficient time for printing or reprinting of the ballot, make the appropriate changes or corrections on the printed ballots;
2. If there is insufficient time for reprinting, and if it is appropriate to the voting system in use, cause to be printed a sufficient number of stickers incorporating the appropriate changes or corrections. The stickers shall be as consistent as possible with the printed ballots and be affixed to the ballots in the appropriate places;
3. If time does not permit the process provided in subsection (D)(2) of this section or if such a process is inappropriate, take all appropriate measures to notify voters of the change and the procedure to be used by each voter to record a vote;
4. After any change on a ballot, the City Clerk shall take all reasonable steps to notify all candidates for the office involved of the change or correction in the ballots.
E. The City Clerk may cause to be printed copies of the form of the ballot to be used for an election, to be in type of suitable size and designated as “sample ballots.” Any such sample ballots shall be conspicuously posted at each polling place and may be distributed to voters. (Ord. 2022-30 § 1, 2022/Ord. 2020-7, 2020/Ord. 2015-28, 2015/prior code § 4D-11)
5.16.030 Instruction and assistance in voting.
A. Upon request, election judges or election workers shall instruct a voter regarding the operation of the particular voting system.
B. Any voter who requires assistance in voting by reason of disability, inability to write, or inability to read the ballot may be given assistance by an individual of the voter’s choice. A voter may not choose a candidate or an agent of any candidate in that City election, the voter’s employer or agent of the employer, or an officer or agent of the voter’s union. In the event a voter chooses no one, an election judge or election worker may assist the voter. Any person giving assistance to a voter pursuant to this subsection shall complete an affidavit of assistance to be filed with the designated election worker.
1. After such an affidavit has been made and filed, the voter may enter into a voting machine, booth or other place set aside for voting with the person of the voter’s choice. The person whom the voter has selected or, in the case the voter has selected no one, the election judge shall mark the ballot or operate the voting machine as the voter shall direct.
2. The only assistance which will be lawful for the person whom the voter has selected or for the election judge to give the voter is to mark the ballot or operate the voting machine as the voter shall direct, without prompting or suggestion.
3. A voter may not be accompanied into a voting booth or other place set aside for voting by any person 16 years of age or older, unless the affidavit required by subsection (B) of this section has been filed. (Ord. 2022-30 § 1, 2022/Ord. 2020-7, 2020/Ord. 2015-28, 2015/Ord. No. 2009-22, 5-19-09/Ord. 2005-34, 2005/prior code § 4D-12)
5.16.040 Time allowed for voting.
Each voter is expected to mark the ballot or operate the voting machine expeditiously and may be required to leave the voting booth or other place set aside for voting after a reasonable period of time to vote has passed. (Ord. 2022-30 § 1, 2022/Ord. 2020-7, 2020/Ord. 2015-28, 2015/Ord. No. 2009-22, 5-19-09/prior code § 4D-13)
5.16.050 Closing of polls.
A. All qualified voters who are in the process of voting or waiting in line to vote at the time of the scheduled closing of polls shall be permitted to vote.
B. When the last voter in the polling place has voted, the polls shall be officially closed and the election judges shall immediately lock and seal the voting system so that it will be prevented from operating.
C. The election judges shall then record the number of votes cast, and compare the number of votes cast with the number of voters who have checked in to vote. (Ord. 2022-30 § 1, 2022/Ord. 2020-7, 2020/Ord. 2015-28, 2015/Ord. No. 2009-22, 5-19-09/prior code § 4D-14)
5.16.060 Tabulation of votes.
A. After the polls have officially closed, the election judges then shall proceed to tabulate the votes cast.
B. The election judges shall tabulate the votes cast as provided in Section 606 of the City Charter, using procedures to ensure the following:
1. The secrecy of the ballot;
2. Correct counting of votes on ballots on which the proper number of votes has been indicated;
3. If the intent of the voter with respect to a particular contest or question is not clearly demonstrated, then only the vote for that contest or question shall be rejected;
4. The tabulating and recording of votes by ward for or against any candidate, candidates or question;
5. Prompt reporting of election returns after the official closing of the polls.
C. The tabulation, release or announcement of election results prior to the official closing of the polls is prohibited.
D. All paper ballots and any printed or electronic record from voting machines shall be safely kept by the City Clerk for three months after the date of the election at which the ballots were cast and may then be destroyed, unless prior to that time the City Clerk is ordered by a court of competent jurisdiction to keep the same for any longer period.
E. A violation of subsection (B) or (C) of this section is a Class B offense. (Ord. 2022-30 § 1, 2022/Ord. 2020-7, 2020/Ord. 2015-28, 2015/Ord. No. 2009-22, 5-19-09/prior code § 4D-15)
5.16.070 Election challenges and appeals.
A. Any candidate or voter who wishes to challenge the results of an election or any matter relating to the validity of a ballot shall give written notice to the City Clerk within two business days after the date the results of the election are certified to the Council.
1. The written notice of election challenge shall be made under penalty of perjury and include a complete statement of all facts on which the candidate or voter relies to support their election challenge.
2. The City Clerk shall immediately refer the notice of election challenge to the Takoma Park Board of Elections, which shall investigate the facts of the challenge.
3. Within four business days after the City Clerk receives the written notice of election challenge, the Takoma Park Board of Elections shall issue a report of its factual investigation, together with a recommendation for action to the Council.
B. Within 10 business days after certification of an election, the Council shall convene a special meeting to determine all election challenges.
C. The candidate or voter who submitted the election challenge shall be given a reasonable opportunity to be heard at the special meeting of the Council with respect to their election challenge. An elected official who is the subject of an election challenge shall not participate in the discussion or vote related to the challenge.
D. Any candidate or voter aggrieved by any decision or action of the Council on an election challenge shall have the right to appeal to the Circuit Court for Montgomery County.
E. Appeals shall be taken by way of petition filed with the Circuit Court for Montgomery County within five days from the date of the decision of the Council on an election challenge. Appeals shall be heard de novo and without a jury by the Circuit Court as soon as possible. (Ord. 2022-30 § 1, 2022/Ord. 2020-20 (part), 2020/Ord. 2020-7, 2020/Ord. 2015-28, 2015/Ord. No. 2009-22, 5-19-09/prior code § 4D-16)
5.16.080 Inspection of ballots in the event of an election challenge or appeal.
A. All ballots cast in any election shall remain locked and sealed for three months after the certification of election results or for as long as may be necessary or advisable because of any challenge to a result of an election or the validity of a ballot.
B. As part of the investigation and report of an election challenge or appeal, the ballot storage box or voting machine may be opened and the data and figures examined in order to count or recount the votes cast in the race, referendum question, or election being challenged or to determine any matter related to the validity of a ballot. Such ballot count or examination shall be conducted in response to an order of any court of competent jurisdiction or at the direction of the Takoma Park Board of Elections and in the presence of the principals involved in the election challenge or appeal or their authorized representatives. The Takoma Park Board of Elections or an individual appointed by a court of competent jurisdiction shall make a record of the votes for such challenged office or other matter relating to the validity of ballots or votes cast. (Ord. 2022-30 § 1, 2022/Ord. 2020-7, 2020/Ord. 2015-28, 2015/Ord. No. 2009-22, 5-19-09/prior code § 4D-17)
5.16.090 Penalties.
The following are Class A misdemeanor offenses or Class A municipal infractions:
A. A person who is not a qualified voter of the City voting in a City election.
B. Intentionally allowing a person who is not a qualified voter to vote in a City election.
C. Tampering with, damaging, breaking or attempting to tamper with, damage or break any voting machine, ballot or other voting system or equipment used or to be used in any City election.
D. Any other violation of this title, unless the violation has been designated as a Class B offense. (Ord. 2022-30 § 1, 2022/Ord. 2020-7, 2020/Ord. 2015-28, 2015/Ord. No. 2009-22, 5-19-09/prior code § 4D-18)