Gaithersburg                                     2099

32.        It shall be the duty of the Board of Supervisors of Elections to pro-
vide for each special and general election a suitable place or places for voting
and suitable ballot boxes and ballots, or voting machines. The ballots or
voting machines shall show the name of each candidate nominated for
elective office in accordance with the provisions of this Charter, arranged in
alphabetical order by office with no party designation of any kind. The
Board of Supervisors of Elections shall keep the polls open from 7:00 A.M.
to 7:00 P.M. unless the Council, by resolution, shall fix longer or shorter
hours.

33.        Within forty-eight hours after the closing of the polls, the Board
of Supervisors of Elections shall determine the votes cast for each candi-
date or question and shall certify the results of the election to the City
Manager, who shall record the results in the records of the Council. The
candidate for Mayor with the highest number of votes in the general
election shall be declared elected as Mayor. The number of candidates for
Councilman, corresponding to the number of seats to be filled, with the
highest number of votes in the general election shall be declared elected as
Councilmen. In case of a tie in the highest number of votes for Mayor,
or in case of a tie in the votes for Councilmen wherein no candidate
received the fifth (1970), third (1972 and every four years thereafter),
second (1974 and every fourth year thereafter) highest number of votes,
then in either of such events, there shall be a runoff election between the
candidates receiving the tie votes to be held on the fourth Monday in May
of the election year.

34.        All ballots or records relating to the votes cast on voting machines
shall be preserved for at least six months after the election to which they
relate.

35.        In case of a vacancy in the office of Mayor or Councilman for any
reason, a majority of the remaining members of the Council shall elect
some qualified person to fill such vacancy until the next general election.
In the event that the term of the person originally elected to the office
which has become vacant shall not expire at the next general election,
then the remainder of that term shall be filled by election at the next
general election.

36.        Women shall have equal privileges with men in registering, voting,
and holding City offices. Whenever the masculine gender has been used as
to any registering, voting, or holding City offices, it shall be construed to
include the feminine gender.

37.        The Council shall have the power to provide, by ordinance, in every
respect not covered by this Charter, for the establishment of a system of
permanent registration, for nominations for elected City offices, and for
the conduct of elections, the prevention of fraud or irregularity in connec-
tion therewith, and for recounts of ballots.

38.        Any person who (a) fails to perform any duty required of him
under the provisions of this Charter relating to elections, or any ordinances
passed thereunder, or (b) willfully or corruptly does anything which will
tend to affect fraudulently any registration, nomination, or City election,
shall be deemed guilty of a misdemeanor and may be fined not to exceed
$500.00, or imprisoned not to exceed 90 days, or both. Any officer or
employee of the City government who is convicted of a misdemeanor under
the provisions of this section shall immediately upon conviction thereof
cease to hold such office or employment.