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Session Laws, 1972
Volume 708, Page 2322   View pdf image
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2322                                Municipal Charters

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 pro-
visions for filling out and signing the oath on the outside of the ballot en-
velope have been substantially complied with and that the person signing
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 hun-
dred dollars ($100.00), or be sentenced to imprisonment for not more
than thirty (30) days or both, in the discretion of the court.

Section 2. That the date of passage of this Resolution is October 19,
1971, and the amendments of the Charter of the City of Rockville, hereby
enacted shall become effective on December 8, 1971, unless a proper Peti-
tion for Referendum hereon shall be filed as provided by Section 13 of
Article 23A of the Annotated Code of Maryland (1966 Replacement Vol-
ume) 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 November 28,
1971, and provided further that a full summary of the proposed amend-
ment 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 .....................................................

Section 3. That the Mayor of the City of Rockville is hereby specifi-
cally directed to carry out the provisions of Section 2 hereof regarding the
giving of notice by posting and publication of this Resolution, and as evi-
dence of said compliance, the Clerk to the Mayor and Council shall cause to
be affixed to the minutes of this meeting a certificate of such posting and
of such publication, and the Mayor, if there be no Petition for Referendum,

 

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Session Laws, 1972
Volume 708, Page 2322   View pdf image
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