CHAPTER 6

ELECTIONS

 

ARTICLE I.  IN GENERAL.

6-1.  Definitions; gender references; computation of time.

6-2.  Election districts.

6-3.  Board of supervisors--Appointment.

6-4.  Board of Supervisors--Duties.

6-5.  Board of Supervisors--Records.

6-6.  Board of Supervisors--Oath.

6-7.  Board of Supervisors--Compensation.

6-8.  Board of Supervisors--Vacancies; removal.

6-9.  Notice of elections.  

6-10. Repealed.

6-11. Judges and clerks of elections.

6-12. Establishing candidacy--Procedure.

6-13. Same--Withdrawal.

6-14. Conduct at polling places.

6-15. Hours of voting.

6-16. Challengers and watchers.

6-17. Record of persons voting.

6-18. Errors in registration not preventing voting.

6-19. Ballots and ballot labels--Generally.

6-20. Same--Names of candidates.

6-21. Same--Questions of ballot.

6-22. Same--Specimen ballots.

6-23. Challenge of right to vote.

6-24. Closing of polls.

6-25. Tabulation of votes.

6-26. Voting machines--Use authorized.

6-27. Same--Regulations governing use.

6-28. Same--Time allowed for voting.

6-29. Recount of ballots.

6-30. Absentee voting generally.

6-31. Preparation of forms and instructions.

6-32. Interpretation of chapter.

6-33. Penalties.

 

ARTICLE II.  REGISTRATION OF VOTERS.

6-34. Voter Lists.

6-35. Hours and places of registration.

6-36. Registration to be permanent.

6-37. Qualifications of voters.

6-38. Persons becoming of voting age.

6-39. Oath for registrants.

6-40. Registration by mail.

6-41. Registration.

6-42. Procedure for change of address or name.

6-43. Universal registration.

6-44. Appointment of registrar.

6-45. Form of permanent registration.

6-46. Registration forms and cards.

6-48. Old registration forms.

6-47. Completion of registration forms; comparison of record.

6-49. Temporary certificates of registration.

6-50. Challenges of voters and correction of lists.

6-51. Removal because of change of address.

6-52. Report of change of address.

6-53. Repealed.

6-54. Cancellation of registration for failure to vote..

6-55. Copies of registration lists.

6-56. Voters' identification cards.

6-57. Preservation of cancelled registration records.

 

ARTICLE III.  QUESTIONS.

6-58. Certification.

6-59. Petition--Requirements with respect to signatures.

6-60. Same--Misrepresentation or false statements concerning contents.

6-61. Same--Prohibited acts generally.

6-62. Same--Statement of contributions and expenditures.

6-63. Same--Effect of question concerning the validity of signature.

6-64. Same--Separate offenses; punishment.

6-65. Result of votes.

 

ARTICLE IV.  FAIR ELECTION PRACTICES.

6-66. Applicability of article.

6-67. Distribution of summary of election laws.

6-68. Appointment of campaign treasurer; candidate joining ticket or slate.

6-69. Appointment of treasurer by political committee; reports.

6-70. Contributions and expenditures to pass through treasurer.

6-71. Books, records and receipts of treasurer.

6-72. Contributions of candidate.

6-73. Limits of contributions by non-candidates.

6-74. Expenditures by treasurer.

6-75. Election reports to be filed by treasurer.

6-76. Form of report of expenditures and contributions.

6-77. Requirements of election reports.

6-78. Custody of reports.

6-79. Requirements concerning advertising; rates.

 

ARTICLE V.  COUNCIL ELECTION DISTRICTS

6-80. Geographical boundaries of Districts 1-4.

 

ARTICLE I.  IN GENERAL.

Sec. 6-1. Definitions; gender references; computation of time.

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

Ballot. Paper ballots or absentee ballots, or the labels which appear on the face of voting machines, whichever context would be appropriate.

Board Liaison. The person chosen by the Board pursuant to Section 6-43(B) of Article 33 of the Annotated Code of Maryland, (1957 Edition), as amended, to work with the County Board in the development and implementation of a plan of universal registration.

Board. The board of supervisors of elections of the city and the members thereof.

Candidate. Any person who files a certificate of candidacy for any municipal public office. As set forth hereinbelow, when a masculine pronoun is used in this Chapter in reference to a “Candidate”, it is intended to include the feminine gender.

County Board. The Board of Supervisors of Elections of Prince George's County, Maryland and the members thereof.

County Board Liaison. The person chosen by the County Board pursuant to Section 3-2 of Article 33 of the Annotated Code of Maryland, (1957 Edition), as amended, to work with the Board in the development and the implementation of a plan of universal registration.

Contributions. The gift, transfer or promise of gift or transfer of money or other thing of value to any candidate, or his representative, to promote or assist in the promotion of the success or defeat of any candidate, Charter amendment, principal or proposition submitted to a vote at any municipal election.

Election, The process by which voters of this city vote for any municipal public officer pursuant to the laws of the state or the United States, or the Charter of the city, and any Charter amendment, proposition or principle.

Election district. That division of geographical area within the city for purposes of election designated from time to time by the city council by Charter amendment or ordinance.

Expenditure. Any gift, transfer, disbursement or promise of money or other valuable thing by any candidate to promote or assist in the promotion of the success or defeat of any candidate, Charter amendment, principle or proposition submitted to a vote at any municipal election.

Judge (election clerks). Repealed.

List of registered voters or list. The list of registered voteres of the City estabished and prepared by the County Board.

Campaign Agent. Any person appointed by any candidate, or his representative, to promote or assist in the promotion of the success or defeat of any candidate Charter amendment, principle or proposition submitted to a vote at any municipal election.

Campaign Committee. Any combination of two or more persons appointed by a candidate or any other person or formed in any other manner which assists or attempts to assist in any manner the promotion of the success or defeat of any candidate, Charter amendment, principle or proposition submitted to a vote at any municipal election.

Registration. The act by which a person becomes qualified to vote in any municipal election.

Supplemental list of registered voters or supplemental list. The list of registered voters of the City established and prepared by the Board.

Treasurer. Any person appointed by a candidate, campaign agent or campaign committee to receive or disburse money or other things of value to promote or assist in the promotion of the success or defeat of any candidate, Charter amendment, principle or proposition submitted to a vote at any municipal election.

Voter. A person whose name appears on the voter register.

Voter register. An index of all registered voters whose names appear either on the list or the supplemental list together with the information required by Section 6-5 hereof.

(b) Whenever in this chapter words or phrases are used denoting the masculine gender, they shall be taken to include the feminine gender.

(c) In computing the times for notice to be given, or for the performing of any other act, under this chapter, Sunday shall be included, except when the day on which notice should be given or an act should be performed occurs on a Sunday, in which case the notice shall be given or the act performed on the Monday following. In such computation the day of giving notice or performing any act and the day of registration or election shall be excluded.

(d) Whenever the singular is referred to in any provision, section or subsection it shall also include the plural except where such construction would be unreasonable.

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Sec. 6-2. Election districts.

Election Districts are established by Section 22 of the City Charter.

The council shall periodically evaluate the election districts of the city to insure that the representation is reasonably equal, and shall have the power to change the boundaries thereof. The effective date of any change of boundaries shall be determined by the council.

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Sec. 6-3. Board of supervisors--Appointment.

The Board shall be appointed as provided in section 23 of the city charter.

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Sec. 6-4. Board of supervisors--Duties.

The Board shall carry out election duties as prescribed in section 25 of the city charter and in this chapter.

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Sec. 6-5. Board of supervisors--Records.

A record of registered voters by districts shall be maintained by the board. Such records shall include:

(a) In columns;

1. Name of applicant
2. Address of applicant
3. Record of oath of citizenship
4. Place of birth of applicant
5. Date of birth
6. Time of residence in the city
7. Date of application
8. Applicant's signature
9. Qualification verification to be marked "yes" or "no."
10. Disqualification or other remarks if applicable
11. Record of when applicant votes

(b) Registration lists shall be kept up to date by the board as provided in section 27 of the City Charter.

(c) Such records shall be in the possession of the Board.

* Charter Amendment No. 9, effective March 4, 1969, established six election districts and fixed the boundaries set out in this section.
For similar charter provision, see char., s 22.

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Sec. 6-6. Board of supervisors--Oath.

The oath taken by appointees to the board shall be as provided for in section 92 of the City Charter.

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Sec. 6-7. Board of supervisors--Compensation.

Each member of the Board of Supervisors of Elections shall receive an annual salary of two hundred dollars except for the Chairperson who shall receive an annual salary of two hundred and seventy five dollars. However, neither the members nor the Chairperson of the Board shall be due or paid any salary for any year in which there is neither a regular nor a special election. Calculations and payment shall be on a fiscal year basis.

Each Alternate to the Board shall be compensated only if the alternate works on election day or if the alternate attends a Board meeting. An Alternate shall receive Fifty dollars ($50.00) for working on election day and Ten dollars ($10.00) for each meeting attended.

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Sec. 6-8. Board of supervisors--Vacancies; removal.

The vacancies and removal of members of the Board of shall be as provided for in section 24 of the City Charter.

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Sec. 6-9. Notice of elections.

Notice of elections shall be as provided for in section 26 of the City Charter.

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Sec. 6-10. Repealed.

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Sec. 6-11. Judges and clerks of elections.

(a) Appointment; oath. The Board shall have the power to appoint a sufficient number of chief judges, judges and four alternate judges for the conduct of City elections. Such chief judges, judges and alternate judges shall subscribe to the oath of office set forth in section 92 of the City Charter.

(b) Qualifications. Each chief judge, each judge and each alternate judge so appointed must be a registered voter of the City, must be able to speak, read and write the English language and, during the time of the judge's term of appointment as a chief judge, judge or alternate judge, must not be a candidate for any public office within the City.

(c) Compensation. Each judge, or alternate judge shall receive ten dollars ($10.00) per day for attending training programs and one hundred ($100.00) per day compensation for performance of duties on the day of an election, provided however, that an alternate judge shall only receive compensation for performance of duties on the day of an election if that alternate judge has been requested to work by the Board. Each chief judge shall receive ten dollars ($10.00) per day for attending training programs, and one hundred and twenty-five dollars ($125.00) per day compensation for performance of duties on the day of an election.

(d) Duties. The chief judges and the judges shall perform such duties as directed by the Board. With the exception of attending training programs, an alternate judge shall have no duties until such time as the Board shall direct the alternate judge to serve. When serving, the alternate judge shall perform such duties as the Board has directed. There shall be one chief judge at each polling place. The chief judge is the senior official and is the supervisor of the judges. (Sec. 6-11 amended by O-7-91, adopted 5/6/91, effective 6/5/91)

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Sec. 6-12. Establishing candidacy--Procedure.

The method of establishing candidacy of a person for elective office in the city shall be as provided for in section 28 of the City Charter.

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Sec. 6-13. Same--Withdrawal.

Any candidate who has established a candidacy for elective office under the provisions of section 28 of the City Charter may withdraw from candidacy at any time up until twenty-one days prior to the date of an election. Any person withdrawing as a candidate for any reason shall not be entitled to any refund of the filing fee.

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Sec. 6-14. Conduct at polling places.

Each of the judges has the authority to keep the peace and to cause any person to be arrested for any breach of the peace, or for any breach of the election laws of the city, or any interference with the progress of an election, the canvass of ballots or the ascertainment and transcription of the votes recorded on the voting machines. It shall furthermore be unlawful for any person to canvass, electioneer or post any campaign material in a polling place or on public property within a certain radius from the entrance and exit of the building closest to that part of the building in which voting occurs. This radius shall be that established pursuant to Article 33, Section 24-23 of the Annotated Code of Maryland as amended from time to time.

This ordinance is not intended to prevent vehicles bearing campaign stickers or signs from using public thoroughfares that may be within the established radius. Nor is this ordinance intended to prevent canvassing, electioneering and posting of any campaign material outside of the prescribed limit.

It shall be the duty of all officers of the law present to obey the order of any election judge, and an officer making an arrest by the direction of any judge shall be protected in so doing fully as if a warrant had been issued to him to make such arrest.

(Sec. 6-14 amended by O-14-90, adopted 9/17/90, effective 10/17/90)

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Sec. 6-15. Hours of voting.

Hours of voting shall be as provided for in section 31 of the City Charter.

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Sec. 6-16. Challengers and watchers.

(a) Authorized. Each candidate or political committee shall have the right to designate a registered voter as a challenger and watcher at each place of registration and election. Such persons shall be assigned to such position near the judges, inside the registration or polling room, as to enable them to see each person as he offers to register or vote. The challengers and watchers shall be protected in the discharge of their duty by the judges and the police.

(b) Certificate as evidence of right to be present. A certificate signed by any candidate or chairman of a campaign committee shall be sufficient evidence of the right of such challenger and watcher to be present in the registration or polling room.

(c) Rights; unlawful acts. Each challenger or watcher shall have the right to remain in the polling place from the time the polls are opened until the returns are completed. It shall be unlawful for any such challenger and watcher to inquire or ascertain for what candidate any voter may intend to vote, or has voted, or to converse in the polling place or within 100 feet thereof with any voter or to assist him in the preparation of the voter's ballot or in the operation of the voting machine. Any challenger and watcher offering or attempting to do so shall lawfully be ejected by the judges and shall also be subject to the punishment provided in this Chapter.

(d) Removal. A challenger and watcher may be removed at any time by the same person who appointed the challenger or watcher.

(e) Other persons allowed in polling places. Persons other than accredited challengers and watchers who desire to challenge the vote of any person shall be permitted to enter the polling place for that purpose, but a majority of the judges may limit the number of persons to be allowed in the polling places at any one time for such purpose; and all such persons shall leave the polling place as soon as the right to vote of the person challenged by them has been decided.

(f) Form of certificate. The form for the certificate of a challenger and watcher shall be in the following form:

CHALLENGER'S AND WATCHER'S CERTIFICATE
City of Bowie, Maryland
...................,20 ____
To the Judges of Election:
 
This is to certify, That ..........................., a registered voter, has been designated by me to act as Challenger and Watcher, for ...........Election District, during the Election to be held on ....................., 20__.
  Respectfully submitted
...........................
(Name of Candidate or Chairman of Campaign Committee)
...........................
(Office)
Duties of Challengers and Watchers

"Each challenger and watcher shall have the right to remain in the polling room from the time the polls are opened until they are closed, and after that time he shall be permitted to remain until the returns are completed."

A Challenger and Watcher shall not converse with voters, assist a voter in voting or operate a voting machine.

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Sec. 6-17. Record of persons voting.

(a) Identification of voters by voting authority cards. A registered voter offering to vote at any election, before being permitted to vote, shall be identified to a judge by the voter announcing the voter's name and address, by signing a voting authority card and giving any change of address in the presence of the judges which shall be entered on the voting authority card or on a change of address form by the voter. The judge in charge of that portion of the voter register for the election district shall compare the signature upon such card with the signature upon the registration card. If the same are not identical, the applicant shall not be permitted to vote unless the majority of judges are of the opinion that the applicant is the same person whose name appears upon the registration card. If the entry "Cannot sign" appears upon the registration card, then the applicant shall state the applicant's age, which shall be compared with the age stated upon the registration card; or the applicant shall be identified by such other means as are referred to upon the registration card. If, upon comparison of the signature or other identification, it is found that the applicant is entitled to vote, then the judge having charge of the registration file shall approve the voting authority card by initialing the voting authority card. The number of voting authority cards furnished to the judges shall exceed by ten per centum the number of registered voters in each election district. Each voting authority card shall be numbered and dated, and they shall be handed to the applicants in numerical order, as such applicants shall appear and offer to vote.

(b) Disposition of voting authority cards at close of polls. At the close of the polls the judges shall account for all voting authority cards surrendered to them, and return them to the Board wrapped and sealed in a package marked "Surrendered Voting Authority Cards". Such package shall bear the signature of the judges. The unused and spoiled voters' voting authority cards shall be wrapped and sealed in a separate package, marked "Unused and spoiled Voting Authority Cards". Such package shall bear the signature of the judges and be returned to the Board with other election equipment.

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Sec. 6-18. Errors in registration not preventing voting.

A person who is not registered as a qualified voter of the City shall not be entitled to vote or to receive a ballot. A voter shall not be rejected because of an error in the spelling of the voter's name because of the omission or incorrect addition of one or more initials of the voter's middle name or names, or because the voter gives the initials or one or more of the voter's given name or names, instead of the voter's full name, or one or more of the voter's given name or names, instead of the initial or initials thereof, or because of an error in the number of the voter's residence on the voter register; provided, that a majority of the judges are satisfied that the person offering to vote is the identical person who is registered, and that the voter intended to register his true name and residence.

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Sec. 6-19. Ballots and ballot labels--Generally.

(a) Names of candidates and description of Charter amendments, etc. The Board shall provide ballots for every city election which shall contain:

(1) The name of every candidate, each in the same style and size of type, who has filed under the provisions of the Charter.

(2) A description of every Charter amendment or other question which is to be submitted to the vote of the people.

(b) Sample Ballots. Not less than fourteen days before any election the form and arrangement of the ballots to be used in the election, showing the offices, names of candidates, Charter amendments and questions thereon, shall be prepared by the board and made available for inspection by any candidate whose name shall appear thereon or the official representative of any campaign Committee having a Charter amendment, principle or proposition on the ballot.

(c) Correction of errors. If a mistake on the ballot is discovered, it shall be the duty of the board to correct the same without delay. If the Board shall decline or refuse to make the correction and appeal may be filed with the City Council. If the Council fails or refuses to correct the error then upon the sworn petition of any qualified voter who would have the right to vote for a candidate at the approaching election, the circuit court for Prince George's County may, by order, require the board to correct the error or to show cause why such error should not be corrected.

(d) List of candidates to be furnished on demand. A correct list of the names of the candidates for the designated offices shall be furnished on demand by the board to any registered voter.

(e) Color and type. The ballots shall be printed in plain clear type in black ink, upon clear white materials, of such size and arrangement as to fit the construction of the machine.

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Sec. 6-20. Same--Names of candidates.

(a) Alphabetical arrangement. The names of candidates for every office shall be arranged alphabetically on the ballots exactly as their name appears on the registration card according to their surnames, under the designation of the office.

The use of nicknames, titles, degrees or other professional designations on the ballot is absolutely prohibited.

(b) Instructions as to number of candidates to vote for. Above the group of names of the candidates for each office, and upon a separate line immediately underneath the designation of the office, there shall be printed in bold, plain roman capitals of twelve-point pica type, an appropriate direction or instruction to the voter informing the voter of the number of persons for whom the voter may lawfully vote for the particular office mentioned immediately above each such direction, as: "Vote for One," "Vote for Two" or "Vote for Six," as the case may be.

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Sec. 6-21. Same--Questions on ballot.

(a) Condensed statement and descriptive title. The ballots shall contain a condensed statement in understandable language of every Charter amendment or other question to be submitted to the vote of the people at any election. It shall be sufficient in any case to print the legislative title, a brief summary of the contents or purpose of the proposed amendment or referendum unless the act proposing the Charter amendment or other question specifically provides the title to be used. The city attorney shall prepare and certify the form in which a Charter amendment or question shall appear and each amendment or question shall be captioned with a descriptive title in boldface type containing not more than three words. A Charter amendment, or any question to be submitted to the popular vote, shall be printed on the ballots following the names of the candidates for office, and in the absence of some other provisions shall be accompanied by the words "For" and "Against." The city attorney shall prepare and certify to the board the form in which questions shall appear on the ballots. In the event the title of the bill, ordinance or resolution, as the case may be, is one hundred words or less, the title shall be sufficient. In the event the title exceeds one hundred words, a summary of the title containing not in excess of one hundred words shall be prepared and certified to the board.

(b) Order. The Board, in the preparation of ballots, shall follow the order designated by the city attorney and shall always place the proposed Charter amendments and the other referenda, if any, in numerical order as indicated.

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Sec. 6-22. Same--Specimen ballots.

(a) Printing. The Board shall cause to be printed on light cardboard or heavy-sized paper, two or more copies of the form of the ballot provided for each voting place at each election therein, in type of the same size, which shall be called "specimen ballots;" and the same number of copies of the form of the ballot label, printed on similar material in type of the same size shall be furnished for each voting place at which voting machines shall be used.

(b) Posting at polling places. On the morning of the election the board shall cause to be conspicuously posted in each polling place the specimen ballots, and the specimen ballots shall be conspicuously displayed in the polling room and on the outside of the building wherein the voting shall take place.

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Sec. 6-23. Challenge of right to vote.

(a) Ground for challenge. No person's right to vote shall be challenged at the poll on any ground but identity.

(b) Procedure. When the right of any person to vote shall be challenged, the challenge shall be made and its validity determined immediately before or after such person receives a voting authority certificate or card and before the challenged voter enters the voting booth to cast the voter's ballot. The person challenging shall be put under oath by a judge and assign the person's reason for the challenge, and one of the judges shall administer to the challenged voter an oath to make true answers to questions. The judges shall question the challenged voter touching the cause of the challenge, and if a majority of the judges, after the questioning is concluded, is of the opinion that the challenged voter is the person so registered, the challenged voter's vote shall be received accordingly. Unless a majority of the judges is of the opinion that the challenged voter is entitled to vote, the challenged voter's vote shall not be received, and the word "Rejected" shall be written on the challenged voter's voting authority certificate or card.

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Sec. 6-24. Closing of polls.

Closing of the polls shall be as provided for in section 31 of the City Charter.

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Sec. 6-25. Tabulation of votes.

The tabulation of votes shall be as provided for in section 33 of the City Charter. In addition, the tabulation of machine votes shall be governed by section 16-16 of article 33 of the Annotated Code of Maryland, 1957 edition, as amended.

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Sec. 6-26. Voting machines--Use authorized.

The Board shall provide for the use of voting machines in all elections in accordance with the provisions of this chapter and under the City Charter and under such rules and regulations as the Board may deem advisable or necessary.

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Sec. 6-27. Same--Regulations governing use.

The use of voting machines in city elections shall be governed by the provisions of section 16-8 through section 16-12 of article 33, Annotated Code of Maryland, 1957 edition, as amended, where such provisions are applicable to such use.

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Sec. 6-28. Same--Time allowed for voting.

No voter shall remain within the voting machine booth longer than four minutes, if there are other voters awaiting an opportunity to register their vote; except, that an additional two minutes shall be allowed if there are City Charter amendments or referenda to be voted upon.

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Sec. 6-29. Recount of Ballots.

(a) Time for petition for recount.

Within two (2) days after the day of any election any candidate for municipal elective office who has been defeated on the face of the returns may petition the Board for an appeal from and review of the action and decision of the judges in counting the ballots and for a recount of the ballots cast in any or all of the districts in which the petitioner was a candidate.

(b) Affidavit.

(1) The petition shall be filed with an affidavit or affidavits, made from personal knowledge by candidates, watchers, challengers or other persons, setting forth acts of fraud, mistake, error or irregularity in making the count or returns by the judges, or setting forth that some of the returns and tally sheets of the election show on their faces ambiguity, error, fraud, or mistake or miscalculation by the judges.

(c) Procedure for recount.

(1) The Board, after receiving the petition, shall review the votes recorded on the voting machines or otherwise received and recorded in the manner provided for in Section 6-25 herein, and, if required to resolve the issues raised by the petition, the Board shall proceed without answer, pleading or technicality and without requiring any evidence to be taken or proof submitted, to recount the ballots in those districts named in the petition.

(2) The review and recount of ballots shall be conducted with all possible expedition and in preference to all other business under such procedure as the Board shall prescribe.

(3) The recount shall be conducted in the presence of the candidates or their representatives and of the press and the general public.

(4) The petitioner shall pay the cost of the recount unless the result of the election is changed, in which case the costs shall be borne by the City. (Sec. 6-29A added by O-13-91, adopted 5/20/91, effective 6/19/91)

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Sec. 6-30. Absentee voting generally.

(a) Any qualified voter of the city, who by reason of the voter's physical condition, religious beliefs or necessary absence from the city on a day on which a general or special election is to be held may make application for absentee voting ballot.

(b) The application for an absentee voting ballot must be made in writing and signed by the applicant or, if the applicant is unable to sign, shall bear the mark of the applicant and the signature of two (2) witnesses. The application must be presented to the Board no later than 5:00 p.m. on the day before the Election, excluding Saturdays, Sundays and holidays. It may be presented by mail or delivered in person by the voter or the applicant's duly authorized agent. A voter may designate a duly authorized agent by any signed writing to that effect or if the applicant cannot sign then the writing shall bear the applicant's mark and the signature of two (2) witnesses,. Whenever the board has received an application for an absentee voting ballot is shall issue to the applicant an absentee voting ballot.

(c) When the application is received by mail, the board shall issue the absentee voting ballot by return mail; when the application is presented in person by the voter or duly authorized agent, the board shall issue the absentee voting ballot to the voter or duly authorized agent at the time of application.

(d) Persons receiving absentee ballots shall also be furnished an official self-addressed return envelope for use in returning the marked ballots. Only those ballots returned in an official return envelope shall be counted and considered properly cast.

(e) All absentee voting ballots must be received by the time of the close of the polls on election day. The ballots are to remain in the unopened official return envelope in which they are received and be placed in any ballot box which is designated for the purpose of storing absentee ballots until they are to be counted. Ballots returned in any envelope other than the official return envelope shall be destroyed and not counted.

(f) The board shall open all absentee ballots only after all the polling places have been closed. Absentee ballots are thereafter to be opened, approved as to form, and totalled. The grand total of the ballots cast at the polling places and the ballots cast in absentia shall thereafter be added together and included in any official election result as determined by the board.

(g) Absentee ballots are to be preserved in the same manner as prescribed for any other election ballots in section 34 of the City Charter.

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Sec. 6-31. Preparation of forms and instructions.

All instructions or forms required under any section or subsection of this chapter shall be prepared for the Board by the City Attorney.

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Sec. 6-32. Interpretation of chapter.

Unless an interpretation to the contrary is clearly intended from the context in which it appears, each provision of this chapter shall be interpreted in conformity with article 33 of the Annotated Code of Maryland, 1957 edition, as amended.

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Sec. 6-33. Penalties.

(a) Except as provided in Subsection (b) of this Section, any person who willfully fails to perform duties prescribed in this Chapter, or who shall willfully violate provisions thereof, or who attempts to fraudulently influence the outcome of any election conducted under this Chapter shall be guilty of a misdemeanor and shall be subject to a fine not to exceed five hundred dollars ($500.00) or imprisonment not to exceed ninety (90) days, or both fine and imprisonment.

(b) Any person who violates the provisions of Section 6-75 of this Chapter shall be guilty of a misdemeanor and shall be subject to a fine not to exceed one thousand dollars ($1,000.00) or imprisonment not to exceed six (6) months, or both fine and imprisonment.

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ARTICLE II.  REGISTRATION OF VOTERS.

Sec. 6-34.  Voter Lists.

A. The voter register shall consist of the combined list of registered voters and the supplemental list of registered voters.

B. List of Registered Voters. All eligible persons registered to vote with the County Board who reside in the City and whose names appear on a list of registered voters supplied to the Board by the County Board, shall be considered registered voters of the City and shall have their names placed upon the voter register.

C. Supplemental List of Registered Voters.

(1) There is hereby established a supplemental list of registered voters of the City.

(2) The supplemental list of registered voters shall be established through the registration of eligible applicants by the Board, of eligible voters who have not registered to vote with the County Board, and whose names do not appear on the list.

(3) Registration of voters in the City shall be conducted continuously under the direction of the Board.

(4) The Board shall take all reasonable steps to enable registration by citizens who cannot conveniently register in person or by mail.

(5) All persons whose names appear on the supplemental list of registered voters shall have their names placed upon the voter register.

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Sec. 6-35. Hours and places of registration.

The Board shall be open at City Hall during normal City business hours, and at such other times and places as the Board may, from time to time, determine. A person may register any time the Board is open for business.

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Sec. 6-36. Registration to be permanent.

Registration shall be permanent except as otherwise provided in Section 6-54.

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Sec. 6-37. Qualifications of voters.

Qualifications for voting in City elections shall be as provided for in Section 21 of the City Charter and this Chapter.

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Sec. 6-38. Persons becoming of voting age.

Registration for persons becoming of voting age shall be as provided for in Section 21 of the City Charter and this Chapter.

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Sec. 6-39. Oath for registrants.

The Board by the registering official shall administer to all persons who shall personally apply to register the following oath or affirmation:

"You do solemnly swear (or affirm) under penalties of perjury that you will fully and truly answer all such questions as shall be put to you touching your place of residence, name, place of birth, your qualifications as a voter and your right as such to register and vote under the laws of the City of Bowie."

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Sec. 6-40. Registration by mail.

(a) When any person desires to register by mail and gives notice to the Board by postal card provided for that purpose and made available at convenient locations within the City of Bowie to the Board of the desire of such person to register, the Board shall send to the person desiring to register a form requesting the information contained in subsection (b) of section 6.46.

(b) Registration by mail shall be permitted and the Board shall provide suitable application forms to any person who desires to register. Any such mail registration form received with the information required shall thereafter be processed by the Board according to the provisions of this chapter, and if the applicant is found to be qualified, a Voter Identification Card shall be mailed to the registrant, provided that any mail registration request received by the Board when the registration books are closed shall not be processed, nor shall the applicant be registered, until after the books are next opened.

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Sec. 6-41.  Registration.

Any person eligible to vote and desiring to register may register by registration with the County Board or by registration with the Board.

The time and procedure for registration or change registration shall be as provided in this Chapter. No one shall be permitted to register thirty calendar days prior to or fourteen calendar days following an election.

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Sec. 6-42. Procedure for change of address or name.

(a) Persons whose names appear on the list shall make application to the County Board requesting name or address changes.

(b) Persons whose names appear on the supplemental list shall:

1. Subject to the provisions of Section 6-41, notify the Board of a change of address or of a change of name, in writing, by mail, or by making application in person at the office of the board or other place of registration, or by written notice to the Board signed by the voter requesting that the proper form for providing such written notification be mailed to the voter.
2. Upon receiving such written notice, the board shall cause the signature to be compared with the original registration records of such applicant, and if such signature appears to be the same, such change of residence or name shall be made on the original and duplicate registration records and the registrant shall be immediately notified by mail of the change so made.
3. When the Board is not satisfied as to the signature on the written notice or that the change should be made, notice shall be sent to the applicant by mail directing the applicant to appear at the office of the board to answer such questions under oath as may be deemed necessary. If an applicant so notified fails to appear at the office of the board as directed no such entry of change of residence or name shall be made.

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Sec. 6-43. Universal registration.

(a) Not less than six (6) months prior to each election, the Board shall submit a request to the County Board for the development of a plan and a schedule to implement universal registration.

(b) The application shall include the name of the person designated to be the Board's liaison who is responsible for working with the County Board in the development of the Plan and the schedule for implementation of the Plan.

(c) Upon receipt of notice from the County Board of its designated liaison, the County Board liaison and the Board liaison shall conduct meetings at a mutually agreed upon time with other appropriate persons, if required, for the purpose of developing a schedule and plan for implementing universal registration. The plan shall include:

1. Procedures for identifying by geographical reference the boundaries and election districts of the City and the methods for including this information on the list of registered voters.

2. The format of the list of registered voters, and whether it is to be divided according to a registrant's City polling place;

3. Information on whether:

(i) The dates of birth are to be printed on the list of registered voters.

(ii) The names of registrants who will have attained the age of eighteen (18) years as of the date of the next General or Special Election.

4. The timing for furnishing the list of registered voters for use in the City Elections, including the deadline for accepting voter registration applications of those persons residing in the City prior to the City Election;

5. Procedures for obtaining, updating, and maintaining in the County Board files and the voter history of registrants on the list who vote in City Elections; and

6. Procedures for obtaining, updating, and maintaining changes to the boundaries and election districts that result from annexations, subdivision development, street name changes, street abandonments, redistricting and other changes.

7. Procedures of the City for providing the information required by Section 6-5.

(d) The County Board shall provide to the City at no cost a certified list of registered voters, as required by law, and in compliance with the agreed upon timing and format referred to in subparagraph (c) of this subsection.

(e) On request by the City, the County Board shall at no cost, as provided by law, deliver a certified preliminary list of registered voters who reside within the boundaries of the City, not later than ninety (90) days prior to any City Election. The request for this preliminary list of voters shall be made to the County Board before or during the negotiations authorized in subparagraph (c) of this subsection. Within twenty (20) days after receiving the preliminary list of registered voters, the Board shall notify the County Board of any potential errors in the residency of registered voters. If the actual residency of any person listed on the preliminary lists of registered voters is in doubt, the County Board shall notify such persons within ten (10) days after receiving notification from the Board, and shall thereafter verify in accordance with the procedures of the County Board the residency of such person. Should the County Board determine that such persons is not a resident of the City, it shall inform the Board and such person of its determination, and thereupon, strike such persons from the preliminary list of registered voters.

(f) If upon receipt of the preliminary list of registered voters or during the combining of the list and the supplemental list, the Board determines that names on the preliminary list of registered voters are found on the supplemental list, then the Board shall, pursuant to the procedures set forth herein, strike such names from the supplemental list as duplicate registrations.

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Sec. 6-44. Appointment of registrar.

The Board shall appoint registrars from the voter register as well as from a list of classified employees of the City supplied by the City Manager. The registrars shall have all the powers and duties, including that of administering oaths, to properly register any citizen qualified to vote in City Elections. The Board shall notify the City Manager of such appointments.

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Sec. 6-45. Form of permanent registration.

(a) The registration of voters shall be conducted as herein provided on cards or loose-leaf pages. When such cards or loose-leaf pages have been duly filled out, and both the original and duplicate registration forms have been signed by the applicant for registration and returned by the registrars or other designated persons to the Board, the original and duplicate form shall be filed in different filing cases or loose-leaf binders. The original forms shall be arranged by election districts in alphabetical order and shall constitute, when combined with the cards received from the County Board, the voter register for use in polling places on election days. The duplicate forms shall be kept in metal filing cabinets and shall be arranged by election district for the whole City, in alphabetical order, and shall constitute the permanent official record of the board.

(b) The registration records shall be open to public inspection under reasonable regulations at all times when the office of the board is open for the registration of voters except upon the special order of the Board. The registration records shall not be removed from the office of the board except on the order of a court and except for temporary removal solely for purposes of data processing, provided that in such removal for data processing, one duplicate copy is always retained in the office of the Board.

(c) Locking and unlocking of binders and cabinets. The binders or filing cases containing the voter register shall be securely locked and the keys safety kept by the Board. The cabinets containing the duplicate forms shall be securely locked, and neither the binders nor the cabinets shall be unlocked except by a clerk or other employee of the board upon its authorization.

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Sec. 6-46. Registration forms and cards.

(a) It shall be the duty of the Board, after consultation with the County liaison, to prescribe the style, color, quality and dimensions of all forms, cards and records required for the continuous registration of voters as herein provided, and to prescribe the requirements of the cabinets, binders and other equipment needed for filing the original and duplicate registration cards. Such registration forms or cards shall consist of an equal number of original cards or loose-leaf pages of one color, and duplicate cards or loose-leaf pages of another color, of a size adequate to contain the information required. Provisions shall be made on said cards or loose-leaf pages for recording the fact that registered voters have or have not voted at each election; and space shall be provided for such recording for a period of not less than twelve years. The fact of voting shall be indicated by writing the letter "V" in the proper space. Provision shall also be made on such cards or loose-leaf pages for showing changes of address.

(b) Form. The cards or loose-leaf pages shall be in substantially the following form and provision shall be made on the reverse side of such cards or loose-leaf pages for showing subsequent changes of address.

The form shall include the following columns:

1. Name of applicant.
2. Address of applicant.
3. Record of oath of citizenship.
4. Place of birth of applicant.
5. Date of birth. If the applicant objects to giving the applicant's date of birth, than a statement under oath that the applicant swears that the applicant meets the minimum age requirement for voting.
6. Time of residence in the city.
7. Date of application.
8. Applicant's signature.
9. Qualification verification to be marked "yes" or "no."
10. Disqualification or other remarks if applicable.
11. Record of when applicant votes.
12. Sex of applicant.

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Sec. 6-47. Completion of registration forms; comparison of record.

(a) Whether applying by mail or in person, the applicant shall be required to answer all questions required on the registration forms. If it shall be determined that the applicant is not qualified to be a voter, an entry shall be made in appropriate place on the forms . If the applicant is qualified, an entry shall be made. After the answers of the applicant to all questions have been properly entered on the forms, the applicant shall sign his name in the place on the forms for his signature, if he can do so. When applying in person, if the applicant is unable to sign the applicant's name, the registrars shall make the entry "cannot sign" on the forms in the place of his signature, and shall with two witnesses note on the forms the applicant's height, color of eye and distinguishing physical marks. Applicants who cannot sign an application appointment must accomplish the foregoing in person.

(b) At the end of each registration session, the original and duplicate registration forms shall be compared, verified and conformed. If any person is found to have registered more than once, the additional registration forms shall be cancelled.

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Sec. 6-48. Old registration forms.

(a) Whenever in the opinion of the board the registration forms have become obsolete and can no longer be used, the information contained thereon shall be transcribed on new forms under the supervision and direction of the board.

(b) The Board shall retain all old registration books or forms which have been transcribed onto new forms under this section for a period of at least five years before the books or microfilm forms may be destroyed.

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Sec. 6-49. Temporary certificates of registration.

(a) When issued. If at any election it shall appear that the original registration form of any person representing to be a voter is not among the cards constituting the voter register for use on election day, such person may apply to the Board, on forms to be provided by the Board, for a certificate entitling to cast a ballot in spite of the absence of such original registration form. Upon receipt of any application for such a certificate, accompanied by proof of the identity of the applicant, a majority of the Board shall inspect the duplicate registration forms retained in the office of the Board, and if inspection discloses that the applicant is duly registered voter, the Board shall make reasonable effort to locate the applicant's original registration form. If such original form is not found and if the Board shall be satisfied that its absence is not due to fraud or malfeasance, the Board shall issue its certificate, a copy of which shall be retained by the Board, to the judges assigned by the Board to the election district in which the applicant is a resident declaring the applicant to be a registered voter. The certificate shall be marked "Temporary Certificate of Registration," shall be in the form provided by subsection (c) of this section, and shall be sufficient authority to permit the voter to cast the voter's ballot in the voter's election district as though the voter's original registration form were present. The certificate, when presented to the judges, shall be retained by the judges and returned to the board at the time prescribed for the return of the original registration forms.
(b) New original registration form. At the same time a voter receives a temporary certificate the voter shall sign a new original registration form containing the same information shown by the voter's duplicate registration form. The new original registration form shall entitle the voter, subject to the provisions of this chapter, to vote at any subsequent election.
(c) Form. The form of the temporary certificate of registration shall be as follows:

TEMPORARY CERTIFICATE OF REGISTRATION
_____________________ELECTION DATE: ____________________
To the Judges of Elections
of the _____________ Election District
 

Upon the application of _____________________ and pursuant to the provisions of section 6-49 of the Code of the City of Bowie, we, the undersigned, constituting a majority of the Board of Supervisors of Elections of the City of Bowie, do hereby certify that:

1.__________________________is a registered voter of the _____________ Election District and entitled to cast his ballot in the aforesaid Election District, having heretofore sworn that he or she has not applied for or received any absentee ballot for this election.
2. The following entries appear upon the duplicate registration form of the said applicant retained in the office of said Board:

THIS SPACE RESERVED FOR THE PERMANENT
REGISTRATION FORM ADOPTED AND MADE
A PART OF THIS CODE AT SECTION 6-46
   
WHEREFORE, In conformity with the provisions of section 6-49 of the Code of the City of Bowie, you are hereby authorized and directed to permit the said _______________________ to cast his or her ballot at the election aforesaid provided that he or she signs his or her name on a Voting Authority Card, and that signature corresponds with his or her signature as it appears on the line directly below.
  _______________________
Signature of Applicant for Temporary
Certificate of Registration
3. You are further directed to retain this Temporary Certificate of Registration until the polls close and then return same to the Board of Supervisors of Elections, together with the Election District Binder containing the original registration forms of the voters.

As Witness the following signatures of said Board and the Seal of the Board of Supervisors of Elections.
 

_____________________________

_____________________________

_____________________________

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Sec. 6-50.  Challenges of voters and correction of lists.

(a) Who may fill challenge or application for correction of the supplemental list; when and where filed.
Any voter may file in accordance with the provisions contained herein with the Board objections to the registration of any person whom such voter has reason to believe is not eligible to vote, or a request for the addition of any person whose name has been erroneously omitted or dropped from the supplemental list. Application for the correction of the list or a challenge of the right to vote of a person named on the list may be made by any qualified voter at the office of the Board on or before thirty (30) days prior to the election.

(b) Manner of making application or challenge. Such applications or challenges shall be made in the form provided by subsection (e) of this Section and such forms shall be provided by the Board for that purpose. The voter shall state thereon, under oath and of the voter's own personal knowledge, the reason for the application or challenge. Thereafter the voter so applying or challenging shall be required to appear in person at the time of the hearing on the application or challenge as provided for in subsection (d) of this section and for wilful failure to so appear shall be subject to the penalties provided for in this Code.

(c) Notice; voter may appear in person or by counsel. Any persons whose right to register has been challenged and any person whose name has alleged to have been erroneously omitted or dropped from the supplemental list shall be given written notice, sent by mail, addressed to the voter at the last address given on the voter's registration form. Any person so notified may appear before the Board in person or by counsel.

(d) Hearing and action of Board on applications and challenges. The Board shall sit for the purpose of hearing application for changes on supplemental list, or challenges of the right to vote on the supplemental list. They shall meet at least fifteen days before an election at such hours as the Board may designate. If all such applications or challenges be not determined on that day, they shall sit during the same hours on succeeding days until all cases are heard and decided. All cases shall be decided immediately after hearing. No voter as to whom an application or a challenge has been made shall be removed from the supplemental list unless the application or challenge is substantiated by affirmative proof. In the absence of such proof the presumption shall be that the voter as to whom the application or challenge was made is properly registered. If the Board is satisfied that the person so challenged, omitted or dropped from the supplemental list has actually moved to another election district and is presently residing within that other district, the Board may transfer that person to the election districtin which the voter presently resides.

(e) Form of challenge. Objections to the registration of any person shall be made in substantially the following form:

"OATH OF PERSON WHO ASKS THAT A NAME BE
REMOVED FROM THE SUPPLEMENTAL LIST OF REGISTERED VOTERS"
I, , a voter of the City of Bowie, do solemnly swear that I believe that who professes to reside at is not a qualified voter in the District of the City of Bowie, on the ground that
Subscribed and sworn to before me this day of , 20__.
  (Notary Public or other person authorized to administer oaths.)

Any person objecting to the registration on the supplemental list of any voter must appear in person to substantiate such objection by affirmative proof. Wilful failure to appear at the hearing on such challenge shall be a misdemeanor and is subject to imprisonment for not more than thirty (30) days or a fine not exceeding One Hundred Dollars ($100.00), or both."

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Sec. 6-51. Removal because of change of address.

The procedure for removal because of change of address shall be as provided for in this Chapter.

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Sec. 6-52. Report of change of address.

The Board may also in its discretion make such arrangements with the postal authorities serving the city and with the water department of public service companies serving persons therein, to receive notices of changes in addresses of persons receiving mail or using such services in the city. The board is authorized to pay a reasonable compensation for the necessary clerical service involved.

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Sec. 6-53. Repealed.

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Sec. 6-54. Cancellation of registration for failure to vote.

(a) If a voter whose name appears on the supplemental list has been registered, but has not voted at least once at a General or Special Election within the five (5) preceding calendar years, it shall be the duty of the Board, unless cause to the contrary be shown, to cause the registration of that voter to be cancelled by removing the registration cards and forms of the voter in the original and duplicate files and placing them in a transfer file. A notice of this action and the reason therefore shall be sent to the last address of the voter, notifying him to appear before the Board at a date specified in the notice, but not earlier than one (1) week or later than two (2) weeks from the date of the mailing of the notice, and to show cause why his or her name should not be removed from the supplemental list.

(b) A list containing the names and last known street address of those voters whose registration is to be cancelled shall be made available upon request thirty (30) days prior to the date of removal. The Board may charge reasonable fees for such lists.

(c) A voter whose registration has been cancelled under this section shall not thereafter be eligible to vote except by registering again in accordance with the provisions of this chapter or by registering with the County Board.

(d) Annually the Board shall determine which persons have not voted at least once at a General or Special Election within the five (5) calendar years immediately preceding January 1 of the then current year and send those persons the notice required in Subsection (a) of this section. The notice shall be in a form prescribed by the State Administrative Board of Election Laws.

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Sec. 6-55. Copies of registration lists.

The Board shall furnish to anyone making written application therefor, within ten (10) days after such application has been received, a certified copy, under their hands, of the names and addresses of all persons registered in the City insofar as the City's records reflect such registration on its most current voter register and/or supplemental list for a sum designated by the Board and approved by the City Council.

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Sec. 6-56. Voters' identification cards.

(a) Issuance; duplicates. The Board shall issue a card containing the name and address of the voter, the date of issue and the Election District of the voter. Such card shall be prima facie evidence that such voter has been properly registered on the date appearing thereon. The Board shall have the authority to issue duplicate voters' identification cards, to be stamped "Duplicate" to a voter when he changes his address.

(b) Reproduction, etc., unlawful. Except for the purpose of filing as an exhibit in a court proceeding, it is unlawful to reproduce or copy in any manner for any purpose a voters' identification card. Violation of this subsection is a misdemeanor punishable as provided herein.

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Sec. 6-57. Preservation of cancelled registration records.

The Board is authorized to microfilm cancelled registration records at any time and to destroy the original records after they have been cancelled for a period of five (5) years. All files and binders shall be retained in the office of the Board for a period of five (5) years, and shall be open to public inspection. (Sections 6-1 through 6-58 amended by O-18-89, 10/16/89)

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ARTICLE III.  QUESTIONS.

Sec. 6-58. Certification.

Whenever a proposed Charter or Charter amendment or other question is to be submitted for popular approval to the voters of the city, the city attorney shall certify the same to the board on or before three weeks prior to the election. Thereupon the board shall include the same in the publication provided for in section 26 of the Charter and the applicable provisions of article 23A of the Annotated Code of Maryland, 1957 edition, as amended.

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Sec. 6-59. Petition--Requirements with respect to signatures.

In every petition, including an associated or related set of petitions, under the applicable provisions of article 23A of the Annotated Code of Maryland, 1957 edition, as amended, there shall be appended to the signature of each signer his residence, the election district wherein he is registered as a voter, and immediately below the signature of any such signer, there shall be either printed or typed, the name of such signer.

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Sec. 6-60. Same--Misrepresentation or false statements concerning contents.

It is unlawful for a person, as principal or agent, in circulating or in having charge or control of the circulation of or in obtaining signatures for any petitions, including an associated or related set of petitions, under the applicable provisions of article 23A of the Annotated Code of Maryland, 1957 edition, as amended, to misrepresent or to make any false statements concerning the contents, purport or effect or the petition, to any person who signs, wishes to sign, is requested to sign, makes inquiry concerning the petition or to whom the petition is presented for signature.

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Sec. 6-61. Same--Prohibited acts generally.

As to any petition, including an associated or related set of petitions, under the applicable provisions of article 23A of the Annotated Code of Maryland, 1957 edition, as amended, it is unlawful for any person:

(a) Knowingly or willfully to circulate, publish or exhibit any false statement or representation concerning the contents, purport or effect thereof, for the purpose of obtaining any signature to the petition or of persuading any person to sign it.

(b) To refer to the city manager a petition to which is attached, appended or subscribed any signature which the person knows to be false or fraudulent or not the genuine signature of the person purporting to sign the petition or of the person whose name is attached, appended, or subscribed to the petition.

(c) To make a false affidavit.

(d) To give, pay or receive any money or other valuable consideration or inducement for signing the petition or for securing the signatures thereon.

(e) To circulate or cause to be circulated a petition, knowing it to contain false, forged or fictitious names.

(f) Knowingly as a petitioner to sign his name more than once.

(g) To sign a petition, knowing at the time he is not qualified to sign it.

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Sec. 6-62. Same--Statement of contributions and expenditures.

(a) At the time of filing with the city manager a petition, including an associated or related set of petitions, under the provisions of article 23A of the Annotated Code of Maryland, 1957 edition, as amended, the person which files the petition shall file with it a statement showing the contributions and expenditures for the petition. This shall be certified by the person who files the petition, giving (1) the name and post office address of every contributor to the expense of the petition, and the amount paid by each; and (2) the name and post office address of every person to whom, and for what service, and money was paid or promised on account of the petition or which is owed to be paid.

(b) If such a certified statement is not filed with the petition, the city manager shall treat the petition as invalid and shall not certify the question of the referendum to the board.

(c) In any proceeding to test the validity of any petition filed as specified in subsection (a) of this section, the person certifying the statement required in this section shall be a party to such a proceeding. Such proceeding shall be filed in the circuit court for Prince George's County.

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Sec. 6-63. Same--Effect of question concerning the validity of signature.

On any petition, including an associated or included set of petitions, submitted to the city manager under the applicable provisions of article 23A of the Annotated Code of Maryland, 1957 edition, as amended, any question concerning the validity of the signature of any person on the petition affects that signature only and does not affect or impair any other portion of the petition.

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Sec. 6-64. Same--Separate offenses; punishment.

In the enforcement of sections 6-61 and 6-62, each separate violation and the invalidity or impropriety or each individual signature is a separate offense, punishable under the general penalties provided in section 6-33.

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Sec. 6-65. Result of votes.

The result of votes shall be governed by the applicable sections of article 23A of the Annotated Code of Maryland, 1957 edition, as amended.

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ARTICLE IV.  FAIR ELECTION PRACTICES.

Sec. 6-66. Applicability of article.

The provisions of this article shall apply to all elections subsequent to July 1, 1969 in which ballots shall be cast pursuant to the provisions of this chapter.

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Sec. 6-67. Distribution of summary of election laws.

The city attorney shall summarize provisions of the election laws of the city relating to campaign contributions and expenditures and provide for the distribution of this summary to all candidates for election to public office at the time such candidates file for election and shall prepare and include in such distribution to each candidate specimen forms provided for in this subtitle.

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Sec. 6-68. Appointment of campaign treasurer; candidate joining ticket or slate.

(a) Each candidate for, or election to, public office, upon or before, and as a condition precedent to qualifying as such candidate, shall appoint one campaign treasurer and shall file the name and address of the campaign treasurer with the board as provided in subsection (c) of this section. Every treasurer so appointed shall accept such appointment, in writing, prior to filing thereof. The board shall not accept any certificate of candidacy unless the name of the treasurer has been filed with it as provided in this subsection. Nothing herein contained shall prevent a candidate from naming himself or herself as treasurer.

(b) The form for appointment of a treasurer and the acceptance of such appointment by the treasurer shall be in substantially the following form:

Appointment of Treasurer
TO THE BOARD OF SUPERVISORS OF ELECTIONS
OF THE CITY OF BOWIE

In compliance with section 6-68 of the City Code I______________designate__________________ (Name of Candidate or Committee) (Name of Treasurer) of ________________________to serve as my (our) treasurer.

(Address)

He (She) has been a citizen and resident of the City of Bowie for _____ years. He (She) is a registered voter in _______ Election District of the City of Bowie. The period of this appointment shall continue until _______________, 20____, or until a successor is duly appointed and filed in your office.

______________________________________________________________
(Signature of Candidate or Committee Chairman)
Acceptance by Treasurer
TO THE BOARD OF SUPERVISORS OF ELECTIONS
OF THE CITY OF BOWIE
In compliance with section 6-68 of the City Code, I accept the foregoing appointment to serve as treasurer for _________________________ for the term designated or until
(Candidate or Committee)
my successor is duly chosen and qualified as provided by law. I certify that the matters set forth in the foregoing appointment are correct, and that I am not a candidate for any public office in the election for which the appointment is made.
  _________________________________
(Signature of Treasurer)

(c) Any candidate, after filing the name of a treasurer as prescribed in subsection (a) of this section, may choose, at any time after such filing and the first filing as required in paragraph (1) of subsection (a) of section 6-75, to join a group, combination or organization of candidates, commonly known as a "ticket" or "slate," at which time the candidate must notify the board of the fact that he has joined the ticket or slate. The treasurer of the ticket or slate shall report in the same manner as the treasurer of any political committee as prescribed in subsection (a) of section 6-69.

(d) No person may solicit or collect funds to be used in furtherance of the election to municipal office of any person who has not filed a Certificate of Candidacy and the Notice of Appointment of Treasurer required by Subsection (b) of this Section.

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Sec. 6-69. Appointment of treasurer by political committee; reports.

(a) Every political committee except political clubs shall appoint and constantly maintain a treasurer, whose name and address, together with the names and addresses of the principal officers and steering committee, if any, shall be filed with the board. The treasurer shall receive, keep and disburse all money, or other valuable things, which may be collected, received or disbursed by such committee or by any of its members for any purposes for which such committee exists or acts, unless such treasurer, officers and steering committee, if any, are appointed and filed as required in this subsection, it shall be unlawful and a violation of this chapter for a political committee, or any of its members, to collect or receive or disburse money, or other valuable things, for such purposes. The treasurer shall report contributions and expenditures on the form prescribed in section 6-77 and in the manner required by subsection (b) of this section and section 6-76.

(b) If any committee, including a political club, directly or indirectly expends fifty-one dollars or more to aid or oppose the election of any candidate, regardless of the purpose for which the committee is formed, the treasurer of the committee, or in the case of a political club an officer thereof, shall report, on the form prescribed in section 6-77, a statement of contributions and expenditures to the treasurer appointed by the candidate being so aided, which statement shall be included in, or attached to, the statement of contributions and expenditures reported by the treasurer of the candidate as provided in sections 6-76 and 6-77. However, a political club need only report that amount which it actually contributed to a candidate.

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Sec. 6-70. Contributions and expenditures to pass through treasurer.

All contributions, money or other valuable things collected, received or disbursed by any candidate or committee for any purpose, shall be paid over to and made to pass through the hands of the treasurer and shall be disbursed by him; and it shall be unlawful and a violation of this chapter for any candidate or any member of a committee, or for any member of a political committee, to make any expenditure, to disburse or expend money or any other valuable things, for any purposes until the money or other valuable things so disbursed or expended shall have passed through the hands of the treasurer; except, that it shall not be unlawful for a candidate, or a person designated by him, to expend his own personal funds; provided, that such expenditure is reported to the treasurer, a receipt is issued by the treasurer and the treasurer's report indicates whether those funds are reimbursed.

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Sec. 6-71. Books, records and receipts of treasurer.

(a) Account books. Every treasurer shall keep detailed, full and accurate accounts in proper books, to be called "account books," to be provided and preserved by him, of all contributions, money or valuable things received by or promised to, and all expenditures, disbursements and promises of payment or disbursements of money or valuable things made by any committee, or any of its officers or members, or by any person acting under its authority, or on its behalf or by such treasurer, and setting forth in such statement and accounts the sum or valuable thing so received, disbursed or promised, as the case may be, and the date when, the name of the person and his address from whom received or promised, or to whom paid or promised, as the case may be, and the object and purposes for which the sum, or other valuable thing, was received, disbursed or promised, as the case may be. Such books and records may be destroyed or discarded at any time after one year from the date of filing the final report required by section 6-76 unless a court of competent jurisdiction shall order their retention for a longer period.

(b) Campaign contribution receipts.

(1) Upon receipt and before depositing, the following "campaign contribution receipt" shall be issued by the treasurer to each person or treasurer of a committee or group or organization of persons making a contribution of or purchasing a ticket to any dinner, testimonial, cocktail party, barbecue, crab feast or similar function in the amount of fifty-one dollars or more, or upon receipt for any lesser amount, to the candidate or committee of which he is treasurer:

Campaign Contribution Receipt
Duplicate (2 colors)
Date:_________________________
        Day Month Year
Received from: _________________________________________________
(Name of person(s)(if individual) or Treasurer(if organization)
Address: _______________________________________________________
No. and Street City or Post Office State Zip Code
Contributions: _________________________________________________
(Amount of cash, service(s), or other item(s))
Name of Candidate: ____________________________________________________________________________
(or Organization)
____________________________________________________________________________
Signature of Treasurer
  Amount Total: $_____________

(2) A check received by a treasurer shall itself serve as a receipt and no additional receipt shall be necessary. Such check shall be recorded by the treasurer in the account books and shall include the date of the check, the amount of the check, the bank upon which it is written and the name of the person signing the check.

(3) The treasurer shall retain all campaign contribution receipts with his books and records as required by subsection (a) of this section and report the information therein in the statement of contributions and expenditures required by sections 6-77 and 6-78.

(4) The campaign contribution receipt issued to a contributor shall serve as evidence of a contribution by such contributor.

(c) Anonymous contributions. Any money or other thing of value received from any unknown person or source by any treasurer or other person or committee authorized to incur obligations or to pay or defray obligations or expenses under the provisions of this chapter, shall not be used for any political purpose whatsoever, but shall be paid by the treasurer, or other persons or committee so receiving the same, to the treasurer of the city.

(d) Disposition of surplus funds. Any surplus funds remaining after payment of all campaign expenditures shall be returned to contributors by the treasurers prior to the time of filing the final report required by section 6-76.

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Sec. 6-72. Contributions of candidate.

(a) Contributions. Any person who is a candidate for public office may make voluntary contributions or payment of money to any treasurer, subject to the provisions and restrictions of this chapter, and for any of the purposes permitted by this chapter, and for no other purposes.

(b) Expenses. Any person who is a candidate for public office may pay that candidate’s own personal expenses for filing fees, telegrams, telephoning, travel and board. The payment of such personal expenses shall not be subject to the limitations provided in subsection (c) of this section.

(c) Limits. No candidate for election to a municipal office shall contribute more than $2,500 to the candidate’s own campaign, either directly by payment to the candidate’s campaign accounts, or indirectly by payment to the candidate’s campaign accounts, or indirectly by payment or other expenditure to any third party where such payment or expenditure is designed or intended to be use to further the campaign of such candidate, from that candidate’s personal funds, in any election.

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Sec. 6-73. Limits of contributions by non-candidates.

Except as provided in Section 6-72 of this Chapter with respect to contributions by a candidate to the candidate’s own campaign, it shall be unlawful for any individual, either directly or indirectly, to contribute any money or thing of value greater than one thousand dollars $1,000.00) in any city election. It shall be unlawful for any corporation to contribute any money or other thing of value to any candidate in any city election.

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Sec. 6-74. Expenditures by treasurer.

(a) Proper expenditures. It shall be lawful for any treasurer in connection with any election and in making provisions therefore, to pay all lawful expenses including, but not limited to, the following expenses: (1) Hiring of halls and music for public meetings and for advertising the same; (2) printing and circulating political articles, circulars, pamphlets and books or renting radio and television time and newspaper space for political speeches and advertising; (3) printing and distributing the sample or specimen ballots or instructions to voters, subject, however, to such prohibitions or restrictions as may be imposed by this chapter upon the publication and distribution of such sample or specimen ballots or instructions; (4) renting rooms and headquarters to be used by political committees; (5) compensating clerks, stenographers and typists employed in the committee rooms; (6) traveling and other legitimate expenses of political agents, committees and public speakers; (7) necessary postage, stationery, telegrams, telephoning, and printing expenses.

(b) Time for presentation of statement of money due. Any statement of money owing by a treasurer must be presented for payment to the treasurer within thirty days following the election in connection with which such liability was incurred.

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Sec. 6-75. Election reports to be filed by treasurer.

(a) The treasurer designated by a candidate election shall file a report or statement of contributions and expenditures as prescribed in section 6-76 with the board in accordance with the following schedule:

(1) No later than noon on the fourteenth day preceding any election and this report shall contain all contributions received and expenditures made in furtherance of the candidate's election, including those made by the candidate, or with the knowledge of the candidate, and those made by any other person or groups of persons since the date of the last preceding election to fill the office for which he is a candidate.

(2) Whether the candidate is successful or unsuccessful, no later than noon on the day prior to the date on which the successful candidate takes office. This report shall contain all contributions received and expenditures made since the filing of the initial report.

(3) In the event that the report filed on the day prior to a successful candidate taking office must be amended or is not in final form, no later than the close of business thirty (30) days after the election.

(b) Before filing a final campaign report, the treasurer shall pay all outstanding obligations and dispose of all of its remaining assets in accordance with Subsection (f) below. It shall be the responsibility of each candidate to advise the candidate’s creditors that invoices must be received by the candidate within fourteen (14) days of the election.

(c) It is the responsibility of the treasurer to file the report and such report shall be in full and accurate detail.

(d) The treasurer of all political committees shall file the committee’s report of statement of contributions with the board according to the times specified in subsection (a) of this section.

(e) It shall be unlawful for a treasurer to accept money or any other thing of value for or intended to be used on behalf of the candidate more than twenty-one (21) days after an election.

(f) After all campaign expenditures have been made and before filing a final campaign finance report, the remaining balance in the account(s) of a campaign finance entity shall be disposed of in accordance with City Code Section 6-71(d).

(g) A violation of this Section shall be punishable in accordance with City Code, Section 6-33.

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Sec. 6-76. Form of report of expenditures and contributions.

The following is the form of the report or statement of expenditures and contributions required by this subtitle to be filed:

REPORT OR STATEMENT OF CAMPAIGN AND
ELECTION CONTRIBUTIONS AND EXPENDITURES
I, __________________, treasurer for _________________do hereby certify that the following is a complete and accurate statement of the contributions received and expenses discharged by me as of _______________, 20___.
Balance on Hand (from previous report
or opening balance,whichever is applicable) $__________
Receipts (from attached schedule) . . .$ ________________
Disbursements (from attached schedule).$ ________________
Balance . . . . . . . . . . . . . . . .$ ________________

Surplus funds on hand upon filing of any report are deposited in _______________, Account number _______________
(Name of Bank) ________________________________________________________
If this is a final report, surplus funds shall have been distributed to contributors.
Obligations remaining unpaid as of date of this report are as follows:

Amount Name and Address Purpose
________________________________________________________________
________________________________________________________________
(Signature of Treasurer)

If report is filed on behalf of a candidate or slate, the following should be completed:

I, (We), the undersigned candidate(s), have examined the foregoing report, and the attachments hereto, and certify that the same are true to the best of my (our) knowledge, information and belief.
_______________________________________________________
(Signature of Candidate)

Subscribed and sworn to (or affirmed) before me this _______ day of ______________, 20___.
_________________________________________________________________
(Notary public or other person authorized to administer oaths)

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Sec. 6-77. Requirements of election reports.

(a) Successful candidates. No person shall enter upon the duties of any public office thereof, or receive any salary or emoluments therefrom until he shall have filed the statements provided for in section 6-76.

(b) Section mandatory. The provisions of this section, including the provisions of section 6-76 with respect to the time of filing reports, shall be mandatory and not directory; provided, that no candidate shall be disqualified for failure to file such statement if such failure is found by a court of competent jurisdiction to be with just cause.

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Sec. 6-78. Custody of Reports.

The board shall preserve all statements or accounts filed with it pursuant to any section of this chapter for two years after the election. All such statements and accounts shall be open to public inspection.

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Sec. 6-79. Requirements concerning advertising; rates.

(a) It shall not be lawful for any candidate or treasurer to expend any money for printing, publication or broadcasting of any political matter whatsoever unless such matter shall purport on its face to be printed, published or broadcast by the authority of the candidate or treasurer. Any such material, which is printed, published, or broadcast shall be marked as an advertisement.

(b) Each candidate or treasurer shall maintain for a period of one hundred and twenty days following each election a complete file of sample copies of all matter printed, published, or broadcast by his authority.

(c) No person or corporation publishing or distributing a newspaper or other periodical within the city shall charge a candidate for public office for political advertising a rate in excess of the regular local rate regularly charged by such person or corporation for commercial advertising; except, that when such political advertising is placed with the person or corporation through the medium of an advertising or press agency, then the regular national rate regularly charged by such person or corporation for commercial advertising may be charged.

(d) Violation of this section is a misdemeanor and any person so convicted is subject to the penalties provided in this chapter.

Chapter 6, Sections 6-1, 6-12, 6-13, 6-29, 6-31, 6-67, 6-68, 6-69, 6-72, 6-73, 6-75 amended by O-1-05, effective May 4, 2005.

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ARTICLE V.  COUNCIL ELECTIONS DISTRICTS

Sec. 6-80. Geographical Boundaries of Districts 1-4.

For the purposes of this section, the following terms shall have the following meanings: (1) "U.S. Route 301" shall mean southbound U.S. Route 301 unless otherwise noted; (2) "City Boundary" shall mean the City boundary as it exists as of the effective date of this ordinance; and (3) References to the point of intersection of a right-of-way line or property line and a center right-of-way line, shall assume, unless otherwise indicated, the continuation of the right-of-way line or property line to the center right-of-way line.

For purposes of municipal elections, the City of Bowie is hereby divided into the following Council Election Districts:

Council District I includes the neighborhoods of Bowie Station, Huntington, Huntington Crest, Horsepen Ridge, Northridge, Ray's Wood, Rolling Hills, Belair Greens, Belair Townhouses, Chapel Forge, Idlewild, Meadowbrook (north and east of Millstream Drive), Old Chapel Estates, Overbrook, Rockledge, Saddlebrook East, Saddlebrook West, Victoria Heights, Whitehall, and Yorktown and consists of the geographical area beginning at the point where the center right-of-way line of Millstream Drive intersects the center right-of-way line of Maryland Route 197, and running thence southeasterly on Millstream Drive where the east right-of-¬way line of Millstream Drive intersects with the northern edge of the Belair Town Townhouse Subdivision and thence west to the eastern edge of the Bowie High School parcel and thence south to the right-of-way line of Annapolis Road (MD 450), thence easterly along the right-of-way line of Annapolis Road to the point where the right-of-way line of Annapolis Road intersects with the City boundary, thence running generally northeasterly along the City boundary to the point where the City boundary intersects with the right-of-way line of Race Track Road, thence north along Race Track Road to where the City boundary departs to the west, and running along the City boundary to the point where the City boundary parallels MD 197, thence running northwest along MD 197 to the point where MD 197 intersects with the City boundary, thence along the City boundary to the point where the City boundary intersects with the right-of-way line of Maple Avenue, and running south along Maple Avenue to the point where the right-of-way line of Maple Avenue intersects with the right-of-way line of Duckettown Road, thence west along Duckettown Road to the point where it intersects with the City boundary, and running southwesterly along the City boundary to the point where the City boundary intersects with the right-of-way line of Park Avenue, thence running along Park Avenue to the point where the right-of-way line of Park Avenue intersects with the City boundary, thence southeast along the City boundary to the point where the City boundary intersects with Norfolk Southern Railways, thence running southwest along Norfolk Southern Railways to the point where Norfolk Southern Railways intersects with the City boundary, thence running south along the City boundary to the point where the City boundary intersects with the right¬-of-way line of Fletchertown Road, thence running west on Fletchertown Road to the point where the center right-of¬-way line of Fletchertown Road intersects with the eastern right-of¬-way line of Hillmeade Road, thence running southeast on Hillmeade Road to the point where the right-of-way line of Hillmeade Road intersects with the City boundary, thence running east, south, east then north along the City boundary to the point where the City boundary intersects with the right-of-way line of Chestnut Avenue, and running north on Chestnut Avenue to the point where the right-of¬-way line of Chestnut Avenue intersects with the City boundary, thence running easterly, then northeast along the City boundary to the point where the City boundary intersects with the right-of-way line of 11th Street, thence running east on 11th Street to the point where the right-of-way line of 11th Street intersects with the City boundary parallel to the right-of¬-way for Route 197, thence running south on this line to the point where it departs from the Route 197 right-of-way to the west, thence west,