Absentee voting is permitted if a voter:
A. May be absent for any reason from the City on election day; or
B. Cannot personally vote at the polls on election day because of illness, physical disability or confinement in or restriction to a hospital, nursing home or institution. (Prior code § 4D-20)

A. Applications for absentee ballots shall be provided by the City Clerk to voters upon request.
B. Applications for absentee ballots must be in writing and include the voter’s certification made under penalty of perjury setting forth the following:
1. The voter’s name and home address;
2. The reason the voter will not be able to vote in person in the City election;
3. The ward in which the voter resides to the best of the voter’s knowledge;
4. That the voter is registered to vote and has been or will be a resident of the City for at least 30 days preceding the date of the City election;
5. The address to which the absentee ballot should be sent.
C. Applications for absentee ballots must be received by the City Clerk not later than 4:00 p.m. of the 7^th calendar day preceding the election. (Prior code § 4D-21)

A. After the 7^th calendar day preceding an election and at any time prior to the official closing of the polls, a voter may apply to the City Clerk for an emergency absentee ballot if the voter:
1. Is unable to personally vote at the polls on election day as a result of illness or accident occurring after the time for applying for an absentee ballot;
2. Is unable to personally vote at the polls on election day because of a death or serious illness in the person’s immediate family, about which the person becomes aware after the time for applying for an absentee ballot; or
3. Is required to be absent on the day of election from the City for any reason of which the person becomes aware after the time for applying for an absentee ballot.
B. The application for an emergency absentee ballot must be in writing and include the voter’s certification made under penalty of perjury setting forth the reason why the voter is unable to personally vote at the polls on election day.
C. Upon receiving an application for emergency absentee ballot, the City Clerk, if satisfied the person cannot personally vote at the polls on election day, shall give the applicant, or his or her agent, an absentee ballot to be marked by the voter, placed in a sealed envelope and returned to the City Clerk.
D. A voter who is unable to personally apply for an emergency absentee ballot shall designate a person as his or her agent for purposes of delivering the absentee ballot to the voter.
1. An agent for an absentee voter shall execute a certification under penalty of perjury that the ballot was delivered to the voter who submitted the application, was marked by the voter in the agent’s presence, was placed in a sealed envelope in the agent’s presence and was returned to the City Clerk by the agent.
2. Any candidate or an agent of that candidate may not be an agent for a voter under this subsection.
E. Any emergency absentee ballot received by the City Clerk after the official closing of the polls shall not be counted.
F. Any voter who requires assistance to vote by reason of blindness, disability or inability to read the English language or write may be given assistance by a person of the voter’s choice, not to include any candidate or an agent of that candidate. Any person giving assistance to a voter pursuant to this subsection shall include a certification to be included with the absentee ballot. (Prior code § 4D-22)

A. Upon receipt of an application for an absentee ballot containing the voter’s certification, the City Clerk shall determine if the applicant is qualified to vote in the City elections.
B. If the applicant is a qualified voter, the City Clerk shall promptly deliver or mail to him or her an absentee voter’s ballot and envelopes.
1. Postage for transmitting the absentee ballot material to the applicant shall be paid by the City and postage for the return of the ballots shall be paid by the voter.
2. The City Clerk shall endeavor to mail absentee ballots (except emergency absentee ballots) to applicants not later than 5 business days before the election day.
C. The City Clerk shall keep a record of applications for absentee ballots, showing the date and time received and the applicant’s name and address. Such record of applications shall be available for public review during the normal office hours of the City Clerk.
D. Only one absentee ballot shall be mailed or delivered to any one applicant unless the City Clerk has reasonable grounds to believe that the absentee ballot previously mailed or delivered has been lost, destroyed or spoiled. (Prior code § 4D-23)

A. Prior to any City election, the City Clerk shall print or cause to be printed an adequate number of applications for absentee ballots, absentee ballots, envelopes and instructions to absentee voters. The form and arrangement of all application forms and absentee ballots shall be in accordance with the requirements of the State Administrative Board of Election Laws.
B. Each absentee ballot shall contain the words “Absentee Ballot” printed in large letters in clear space at the top of each ballot.
1. If paper absentee ballots are used, underneath the words “Absentee Ballot” shall be printed the following warning: “Mark ballot by placing X in proper blank after each candidate or question. Do not erase or make any identifying mark. If your vote for a candidate or question is marked in such a manner that your intent is not clearly demonstrated, your vote for that office or question shall not be counted. In order to protect the secrecy of your vote, do not put your name, initials or any identifying mark on your official ballot. If it is determined that a ballot is intentionally marked with an identifying mark, the entire ballot will not be counted.”
2. If punchcard ballots (or other computer-read documents) are used, instructions shall be provided to the voter, either on the ballot or separately. These instructions shall include information as to how to mark the ballot, and also a warning to the voter not to repair the ballot or make an identifying mark on it. If both sides of a ballot are used to list candidates or questions to be voted on, the words “vote both sides” shall appear on both sides of the ballot.
3. The designation of the ward shall be filled in by the City Clerk before the absentee ballot is sent to the voter.
C. Absentee ballot material shall include a covering envelope, a ballot envelope and a return envelope.
1. The covering envelope shall contain all balloting material delivered or mailed to the absentee voter. The covering envelope shall have the return address of the City Clerk and the words “Official Absentee Ballot, City of Takoma Park” printed on it.
2. The ballot envelope shall be of sufficient size to contain the absentee ballot. The following voter’s certification shall be printed on the ballot envelope:

I, name of voter, do hereby affirm under the penalties of perjury that I am a registered voter and reside in the City of Takoma Park, as stated in my application for the absentee ballot; that I will be unable to vote in person on election day because

reason

that the within absentee ballot was marked, folded, enclosed and sealed by me in this ballot envelope; and that I am not now disqualified for any reason from voting under the laws of the State of Maryland.

Signature of Absentee Voter

Any person who signs a false application or oath, who casts an illegal vote, who applies for an absentee ballot under any name other than his or her own or who violates any other provision of the absentee voting law of the City of Takoma Park may be charged with a misdemeanor or with a civil offense and, upon conviction, be subject to a fine and/or imprisonment.

D. The ballot envelope shall be placed in the return envelope and mailed to the City Clerk. The return envelope shall have the City Clerk’s address printed on it and the words “Official Absentee Ballot, City of Takoma Park.” (Prior code § 4D-24)

A. No absentee ballots shall be opened before the official closing of the polls.
B. Following the official closing of the polls, the election judges shall proceed to certify and count the absentee ballots contained in the absentee ballot envelopes.
1. Only absentee ballots that have been timely received shall be counted.
2. A ballot shall be considered as timely received provided that it was received by the City Clerk prior to the official closing of the polls on election day or was mailed before election day as shown by the postmark on the return envelope.
C. If the election judges determine that any absentee voter has died before election day, the absentee ballot of the deceased voter shall not be counted. However, if the election judges do not know that the absentee voter has died before election day, the absentee ballot shall be counted and the fact that the absentee voter may later be shown to have been dead on election day shall not invalidate the ballot out.
D. If the election judge determines that the provisions for filling out and signing the voter’s certification on the outside of the ballot envelope have been substantially complied with and the voter is entitled to vote in any ward of the City and has not already voted on election day, the election judges shall open the ballot envelope and count the absentee ballot. If there is more than one absentee ballot in a ballot envelope, all ballots shall be rejected.
E. If more than one absentee ballot is received from a voter, then the absentee ballot in the ballot envelope on which the voter’s certification was first executed shall be counted. If the certifications on 2 or more ballot envelopes are dated the same, or if both are undated, none of the absentee ballots received from the voter shall be counted.
F. All absentee voters’ applications, ballot envelopes and ballots shall be kept separate from the ballots cast at the polls and kept by the City Clerk for 3 months after the date of the election and may then be destroyed, unless prior to that time the City Clerk is ordered by a court of competent jurisdiction, to keep the same for any longer period. (Prior code § 4d-25)

A. Any candidate or absentee voter who wishes to contest any matter relating to an application for an absentee ballot, absentee voting or the validity of any absentee ballot shall give written notice to the City Clerk within 2 days after the date the results of the election are certified to the Council.
1. The written notice contesting any matter relating to absentee voting shall be made under penalty of perjury and include a complete statement of all facts on which the candidate or absentee voter relies to support his or her contest.
2. The City Clerk shall immediately refer the notice contesting any matter relating to absentee voting to the City Administrator who shall appoint 3 election judges to investigate the facts of the contest.
3. Within 4 days after the City Clerk receives the written notice contesting any matter relating to absentee voting, the 3 election judges shall make a report of their factual investigation, together with a recommendation for action to the Council.
B. Within 10 days after an election, the Council shall convene a special meeting to determine all contests relating to absentee voting.
C. The candidate or absentee voter who submitted the notice contesting any matter relating to absentee voting shall be given a reasonable opportunity to be heard at the special meeting of the Council in regard to his or her election contest.
D. Any candidate or absentee voter aggrieved by any decision or action of the Council shall have the right to appeal to the Circuit Court of the County in which such candidate or absentee voter resides to review such decision or action and jurisdiction to hear and determine such appeals is hereby conferred upon the Circuit Court.
E. Appeals shall be taken by way of petition filed with the Circuit Court of the County in which the aggrieved candidate or absentee voter resides within 5 days from the date of the decision of the Council at any election. Appeals shall be heard de novo and without a jury by the Circuit Court as soon as possible. (Prior code § 4D-26)

A violation of this chapter is a Class A misdemeanor offense or a Class A civil offense. (Prior code § 4D-27)