2380                               Municipal Charters

(4)  Voter dying before election day. Whenever the board shall deter-
mine from proof or investigation that any person who has marked and
transmitted or deposited in person with the board an absentee ballot,
has died before election day, said board shall not count the ballot of
the said deceased voter, but it shall be preserved by the board for six
months and may then be destroyed, unless prior to that time the board
is ordered by a court of competent jurisdiction to keep the same for any
longer period. If at or prior to the time of such counting and canvassing
the board shall not have determined that the absentee resident who
marked a ballot had died before election day, said ballot shall be counted,
and the fact that said absentee resident may be shown to have been actually
dead on election day shall not invalidate said ballot or said election.

(5)    Placing ballot in ballot box and entry in registry; more than
one ballot in envelope; marking ballots. If the board determines that the
provisions for filling out and signing the oath on the outside of the ballot
envelope have been substantially complied with and that the person sign-
ing the voter's oath is entitled to vote under this section in any district of
the city, and has not already voted therein on election day, they shall open
the ballot envelope and remove the ballot therefrom and place it in a ballot
box or ballot boxes prepared for that purpose. When any ballot envelope
is opened, the board shall enter in the appropriate register the fact that
the voter whose name appears thereon has voted, using the initials "A.B."
to indicate the vote has been by absentee ballot. If there be more than one
ballot in the ballot envelope, all shall be rejected. Absentee ballots may be
marked by any kind of pencil or ink.

(6)  More than one ballot received from same person. If the board
receives from the same person prior to the closing of the polls on election
day more than one absentee ballot, it shall count, certify and canvass only
the absentee ballot contained in the ballot envelope on which the voter's
oath was first executed, and if the oath on two or more of the ballot
envelopes containing absentee ballots are dated the same or if both are
undated, none of the ballots received from such person shall be counted.

(j) Penalties.

Any person who shall violate any of the provisions of this section shall,
upon conviction, be sentenced to pay a fine of not more than one hundred
dollars ($100.00), or be sentenced to imprisonment for not more than
thirty days (30), or both in the discretion of the court.

Section 2. That the date of passage of this Resolution is April 7, 1969,
and the addition to the Charter of the City of Rockville, hereby enacted
shall become effective on May 27, 1969, unless a proper Petition for Referen-
dum hereon shall be filed as provided by Section 13 of Article 23A of the
Annotated Code of Maryland (1966 Replacement Volume) and provided a
complete and exact copy of this Resolution shall be continually posted on
the bulletin board of the Office of the Mayor and Council, 111 South Perry
Street, Rockville, Maryland, until May 17, 1969, and provided further that
a full summary of the proposed amendment shall be published in the
Montgomery County Sentinel, a newspaper of general circulation in the
City of Rockville, not less than four times at weekly intervals prior to
May 17, 1969.

Section 3. That the Mayor of the City of Rockville is hereby specif-
ically directed to carry out the provisions of Section 2 hereof regarding
the giving of notice by posting and publication of this Resolution, and as
evidence of said compliance, the Clerk to the Mayor and Council shall