Candidate Packet City of Hyattsville Special Election Ward 1 Tuesday, July 19, 2011
2011 Special Election Ward 1 City of Hyattsville Election Materials The 2011 Special Election Ward 1 will be held on Tuesday, July 19, 2011. The Election is to fill the seat vacated by Council Member Marc Tartaro who was elected Mayor on May 3, 2011. The term of office for this seat will be until the City of Hyattsville Election Scheduled for May 7, 2013. The deadline for filing for Candidacy for this election is 5:00 p.m., Wednesday, June 15, 2011. The Election Materials Packet provides information to assist in identifying the requirements to become a qualified candidate and other election information. The material is assembled into six (6) categories: General Information Voter Information Candidate Information Finance Requirements Election Day Council Responsibilities Appendix Questions regarding candidacy not covered in this material should be directed to the Board of Supervisors of Elections. This packet of material is not intended to substitute for the candidate s responsibility to read and understand the laws governing elections and ethics in the Annotated Code of Maryland and the Charter and Code of the City of Hyattsville. General information regarding the City and our governmental organization, City Council agendas and meeting minutes can be found on our web site www.hyattsville.org. Hyattsville also has a listserv to provide notices about City events and information. If you wish to be added to the listserv, send an e-mail to Hyattsville-subscribe@egroups.com. The City of Hyattsville Police Department has a Safe City Alert System. To receive information go to www.safecityhyattsville.org and sign up.
I. General Information A. List of Election Related Dates B. Board of Supervisors of Elections Table of Contents II. III. Voter Information A. Voter Qualification and Registration B. Absentee Voters C. Emergency Absentee Ballot D. Obtaining Forms Candidate Information A. City Council Composition, Selection and Term B. Filing for Candidacy C. Voter Registration Lists D. Campaign Signs E. Campaign Materials Requirements F. Campaign Finance Requirements G. City Charter, Section C-2 City Council H. City Code, Section 4-3 City Council IV. Election Day A. Location of Polling Place B. Candidate Rules for Election Day C. Poll Watchers D. City Charter, Section C-4 Legislation, Nomination and Elections E. City Code, Chapter 8 Elections V. Council Information A. Council Responsibilities B. List of Meeting Dates for 2011 C. Legislative Conferences D. City Charter, Section C-3 Powers and Duties of Council E. City Code, Chapter 10 Code of Ethics VI. Appendix A. Certificate of Nomination, Council Member (sample) B. Campaign Finance Forms C. Polling Location Flyer D. The Hyattsville Reporter Special Election Ward 1 Insert E. Application to obtain an Electronically Reproduced List of Registered Voters F. City Ward Map
I. General Information List of 2011 Special Election - Ward 1 Related Dates Wednesday, June 1 Candidates may begin registering at 8:30 a.m. Applications for Absentee Ballots available, 8:30 a.m. Applications available in the office of the City Clerk or online at www.hyattsville.org/election Campaign signs may be erected Monday, June 13 Wednesday, June 15 Friday, June 17 Monday, June 20 Special evening Candidate Registration 5:00 p.m. until 6:30 p.m. Deadline for candidates to register 5:00 p.m. Deadline for residents to register or report address changes to the Maryland Board of Elections to vote in Special Election Ward 1, 5:00 p.m. Voter applications must be submitted to the Board of Elections of Prince George s County, 16201 Trade Zone Avenue, Upper Marlboro, MD 20774 Begin processing Absentee Ballot Applications, 8:30 a.m. Monday, July 11 Deadline for candidates to file Initial Campaign Finance Report, 5:00 p.m. Saturday, July 16 Monday, July 18 Tuesday, July 19 Absentee Ballot Drop-Off at City Municipal Building, 9:00 a.m. until 1:00 p.m. Deadline for filing Absentee Ballot Applications, 10:00 a.m. Applications must be received by the City by this date and time Special Election Ward 1, 7:00 a.m. until 8:00 p.m. Tuesday, July 26 Deadline for candidates to file Final Campaign Finance Report - 5:00 p.m. Friday, July 29 Monday, August 1 Deadline for removal of campaign signs City Council Meeting - 8:00 p.m. Certified Election results are accepted by the Council and the newly elected official is issued the oath of office.
Board of Supervisors of Elections Hyattsville Charter C4-2 through C4-16 details the appointment and duties of the Board of Supervisors of Elections. Ms. Greta Mosher, 4002 Crittenden Street (301) 779-0865 Chair Ms. Anna Frankle 4115 Hamilton Street (301) 927-7930 Mr. Alan Mattlage 5600 42 nd Avenue (301) 699-0517 Ms. Ana Pineda 4206 Kennedy Street (301) 699-9382 Ms. Andrea Ross 6006 37 th Avenue (301) 559-7334
II. Voter Information Voter Qualification and Registration Every person who is a citizen of the United States, is at least eighteen (18) years of age, resides in the State of Maryland, resides within Ward 1 of the City, and is registered in accordance with the provisions of the Charter of the City of Hyattsville is qualified to vote in a City of Hyattsville Special Election Ward 1. The Voter Registration Form is available in the City Clerk's Office and on the City s website www.hyattsville.org/election. See the section on Obtaining Forms. The Voter Registration Form must be returned to the Board of Elections of Prince George's County (instructions and the mailing address are on the form). The Board of Elections of Prince George's County must receive Voter Registration Forms by 5:00 p.m. on Friday, June 17, 2011. Upon receipt of this form they will mail a Voter's Information Card to the voter to confirm that the registration has been recorded. Anyone who has moved from one place to another (even within the City) and has not already done so is advised to fill out a Voter Registration Form. Anyone who is not certain of his or her status should call the Board of Supervisors of Elections, Prince George's County at (301) 430-8020. An Absentee Voter is: Absentee Voters Any qualified Ward 1 voter who wishes to vote absentee for the City of Hyattsville 2011 Special Election Ward 1 (Tuesday July 19, 2011). Note: he or she must be registered to vote. To receive an Application for Absentee Ballot follow the procedures for Obtaining Forms listed below. This application must be received in the City Clerk s office by 10:00 a.m., Monday, July 18, 2011. After the candidates deadline for filing for candidacy (Wednesday, June 15, 2011), and upon receiving the Application for Absentee Ballot, the Hyattsville Board of Supervisors of Elections will mail the Absentee Ballot to the voter with instructions on how the ballot is to be marked and returned. The Board of Supervisors of Elections must receive the Absentee Ballot NO LATER than the closing of the polls on Election Day (Tuesday July 19, 2011, by 8:00 p.m.). A ballot received after 8:00 p.m. on Election Day will not be counted. Once a voter is sent an absentee ballot by the Board the voter must use the absentee ballot to vote in this election.
Voter Registration Form Application for Absentee Ballot Candidate Registration Form Campaign Finance Forms Obtaining Forms These forms can be obtained by the following methods: 1. In Person Applications are available at the City Municipal Building (4310 Gallatin Street) on the first floor on the Community Information Center Board located in the lobby area, on the third floor information display board, and in the Office of the City Clerk (between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday). 2. By Phone Call the City Clerk's Office (301-985-5009) and request that a form be mailed. 3. By Mail Send a post card to the Board of Supervisors of Elections, City of Hyattsville, 4310 Gallatin Street, Hyattsville, Maryland 20781. Include the name of the applicant, a complete address, a telephone number, the name of requested form, and the date. 4. By E-mail and Online Send your request to the City Clerk at: dbarber@hyattsville.org. Include the same information as required above. Note: The Absentee Ballot Application (both English and Spanish versions) is available on the City website at www.hyattsville.org/election.
III. Candidate Information City Council Composition, Selection and Term The Council is composed of ten (10) members and the Mayor. All are elected to a four-year term, except in case of an election to fill a vacancy in that office, in which case the election shall be until the next regular city election. Candidates must be registered to vote in Prince George's County, Maryland. Candidates for the Office of Mayor must be a resident of the City of Hyattsville. Candidates for the Office of Council Member must reside in the Ward for which they are running. Valid identification is required. Filing for Candidacy Any qualified resident of the City who desires to be a candidate for the Office of Council Member Ward 1 must file an application on or before 5:00 p.m., Wednesday, June 15, 2011, in the office of the City Clerk, 4310 Gallatin Street (third floor), Monday through Friday between the hours of 8:30 a.m. and 5:00 p.m., or on Monday, June 13, 2011, between the hours of 5:00 p.m. until 6:30 p.m. Voter Registration Lists Voter lists and labels can be obtained from the Board of Elections, Prince George's County, phone number (301) 430-8020. County staff strongly urges that you do this in person. Their required form entitled Application for Electronically Reproduced List of Registered Voters is included in the Candidate Packet, and is also available in the City Clerk's Office or on the Prince George s County s website www.co.pg.md.us/elections under Voter Product Info and Cost. There is a $10.00 deposit required. The cost is set by the County and checks are made payable to Prince George s County, Maryland. Campaign Signs Campaign signs may be placed on private property with the permission of the owner. Campaign signs may be placed in the public rights-of-way subject to the following restrictions: Signs must be freestanding, placed at least 10 feet behind the curb line and at least 50 feet from the nearest corner of any intersection, no taller than 4 feet from the ground. They may not obstruct the view of those in the public right-of-way or otherwise present a threat to public safety. Signs may not be placed in the median of any street, road or alley. Signs may not be affixed to trees, rocks, fences or to any utility poles or City or County sign posts in the right-ofway, or on any property owned by a governmental entity. Banners, pennants, pinwheels, balloons or any other carnival type signs are strictly prohibited. Candidates are responsible for all campaign signs that include reference to their campaign. Campaign signs in the public right-of-way may not be put in place until June 1, 2011, and must be removed 10 days after the election on or before July 29, 2011.
Campaign Material Please read this section carefully. If you have any questions contact the City Clerk immediately to have them addressed by the Board of Supervisors of Elections. Campaign material means any material that: 1. Contains text, graphics, or other images, 2. Relates to a candidate, a prospective candidate, or the approval or rejection of a question, and 3. Is published or distributed to anyone by, at the request of, or under the authority of, a candidate. Authority Line Requirement on Campaign Material Each item of Campaign Material shall contain, set apart from any other message, an authority line that states the name and address of the person, treasurer, or campaign manager responsible for the publication or distribution of the material. The authority line need state only the Name and Title of the responsible person if: 1. The name and address of the responsible person has been filed with the City Clerk, or 2. The campaign material item is too small to include all the information specified above in a legible form. 3. Any material that is published or distributed in support of or in opposition to a candidate without being directly or indirectly authorized by the candidate as provided above may and ordinarily should include the following statement: This Message has been authorized and paid for by (name of payer or any organization affiliated with the payer) or This Message has not been authorized or approved by any candidate. 4. It shall be unlawful for any person to knowingly publish or distribute for the purpose of influencing votes any materials with a false or incorrect authority line. Any person who violates this section shall be guilty of a misdemeanor and subject to penalties including a five hundred dollar ($500) fine and/or imprisonment for 30 days.
Campaign Finance Requirements Please read this section carefully. If you have any questions contact the City Clerk immediately to have them addressed by the Board of Supervisors of Elections. Campaign Finance Reports Required A. Each candidate for the Office of City Council Ward 1 and their designated campaign treasurer shall file with the City Clerk reports as specified below which shall list individually each contribution and expenditure of more than one hundred dollars ($100) in furtherance of the candidate s nomination and election. The report shall also include a total amount of all contributions and expenditures including those of one hundred dollars ($100) or less. B. Unless otherwise provided, any report as described above shall include contributions received or expenditures made by the candidate or made by any other person with the knowledge of the candidate or the candidate s treasurer. Reportable contributions and expenditures shall include; cash, campaign signs, brochures, postage, advertisements, professional services (i.e. the entity or person is or has been compensated for similar services regularly on a full or part-time basis outside the campaign) and any other material used for the campaign. C. All reports filed shall be available for examination by any member of the public during normal office hours of the City Clerk (8:30 a.m. to 5:00 p.m. Monday through Friday, except for holidays). Deadline for Filing Reports A. Initial Report - An initial report shall be filed on the 10 th day preceding the election (Monday, July 11, 2011, at 5:00 p.m.) including all reportable contributions and expenditures made since the previous preceding election. B. Final Report - A final report shall be filed on the 7 th day following the election (Tuesday, July 26, 2011, at 5:00 p.m.) and shall include all such contributions and expenditures made during the election process. C. Further Reports - If a final report reflects a cash balance, unpaid bills or a deficit greater than five hundred dollars ($500), an annual report shall be filed each year on or before December 31, until the cash balance, unpaid bill(s) or deficit is eliminated and a report reflecting such is filed with the City Clerk s Office. Each report filed shall include all contributions and expenditures made or received since the previous report. D. Reports must be filed by 5:00 p.m. of the day they are due. Campaign Finance Forms and Affirmation of Report
The reports shall be made on forms or in a format provided by the City Clerk and approved by the City Attorney. The reports shall be subscribed and sworn to (or affirmed) by the candidate and by the candidate s treasurer. Special Reporting Requirements A. Family Contributions - A report need not identify separately the campaign contributions made by the candidate or the candidate s spouse or domestic partner but may aggregate such under one line or total. B. In a case where the total contributions for the campaign (excluding contributions by the candidate or the candidate s spouse/domestic partner) are less than fifteen hundred dollars ($1,500) for a councilmember candidate or five thousand dollars ($5,000) for mayoral candidate, the candidate may file an abbreviated report that attests under oath that the contribution limits outlined herein were not exceeded and states the total contributions, the contributions outlined above, and the contributions outlined under the section titled Campaign Finance Reports Required. Appointment of Campaign Treasurer A. Each candidate shall appoint one campaign treasurer and shall file the name and address of the campaign treasurer, together with the treasurer s acceptance of the appointment in writing, on a form provided by and returned to the City Clerk, no less than thirty (30) days prior to the election. B. A candidate may serve as the treasurer for his/her own campaign so long as the candidate has not received and does not intend to receive a total of reportable contributions of more than fifteen hundred dollars ($1,500), excluding contributions by the candidate or the candidate s spouse/domestic partner. C. In the event the contributions exceed the amount in subsection (B) immediately above, the candidate must report such to the City Clerk and, appoint a treasurer and file the appropriate form within two (2) days. Failure to Appoint a Treasurer or File Reports A. The Board of Supervisors of Elections or the City Clerk shall promptly send a written notice to any candidate who fails to appoint a treasurer or to file timely campaign finance reports. Such notice shall be posted on the City s website and on the City s bulletin board. B. The Board of Election Supervisors is responsible for ensuring that all forms and campaign finance reports are in substantial compliance with this chapter. If the Board identifies a reporting inaccuracy or deficiency, they shall notify the candidate and candidate s treasurer in writing. A corrected report shall be filed within seven (7) days of such notice, unless the Board waives such inaccuracy or deficiency for good cause, with or without a hearing.
C. Failure to file a corrected report within seven (7) days after a notice from the Board or the Clerk is sent shall render the report overdue. Penalties A. The City Ethics Commission shall have non-exclusive jurisdiction to investigate and decide any violations of Hyattsville Code Chapter 8 Elections Article II Campaign Finance. B. The penalties recited in this section are cumulative so that the imposition of one or more of the penalties does not preclude the imposition of any other penalty outlined in this section. C. A candidate shall not be seated and sworn as an elected official and shall not receive a salary until all reports required by this chapter are filed in compliance with the requirements of this chapter. D. In addition to other penalties or sanctions, the City Council may, after notice and/or hearing, impose such censure or penalty on the person elected who has violated this article that the Council deems reasonable and appropriate, including a refusal to seat the individual, removal from office, and a declaration that the seat is vacant. E. It shall be a misdemeanor for any person, including a treasurer or candidate for public office, to willfully violate or cause or allow a violation of Hyattsville Code Chapter 8 Elections Article II Campaign Finance. Upon conviction, a fine of up to one thousand dollars ($1,000) may be imposed by the Court. F. The Board may impose a fine of two hundred dollars ($200) on any unsuccessful candidate and the candidate s treasurer if the final report as described above is more than seven (7) days late. The Board shall have the power to waive or reduce the penalty for good cause with or without a hearing.
IV. Election Day Location of Polling Place Polls are open from 7:00 a.m. until 8:00 p.m. The Ward 1 polling location is accessible to the disabled. Ward 1 Hyattsville Municipal Building 4310 Gallatin Street First Floor, Multipurpose Room Candidate Rules for Election Day 1. No person is permitted to canvass or electioneer in the polling room or within a radius of 100 feet from the entrance of the building being used as the polling place. A painted line will mark these distances. 2. Candidates having poll watchers are advised that at no time can the watchers interfere with the judges and clerks in the performance of their duties. 3. Poll watchers may not enter into the area of the voting machines, and must remain beyond the beginning edge of the table(s) being used by the election judges. Only the Chief Judge may give the number of voters to poll watchers. 4. All placards, posters and other material used by candidates must be removed from the area of distribution at the close of the polls. 5. It will be unlawful for any person, other than the judges and clerks, two challengers, the candidates for office and City officials to remain in general voting places at the City election after the close of the polls, except employees of the building.
Poll Watchers Poll watchers may be present in the polling place during an election. Poll watchers are intended to observe the conduct of the election and their prime concern is the integrity and fairness of the election. They may observe the election before, during and after the polls close. Poll watchers may represent established political parties, candidates, qualified civic organizations, or organized proponents or opponents of ballot propositions. Each poll watcher must present to the Chief Judge a Challenger's and Watcher's Certificate issued by the City Clerk to be admitted as a poll watcher at a polling location. Anyone wishing to be a poll watcher must present credentials to the City Clerk. (Credentials include a valid driver s license and letter signed by a candidate or a letter on letterhead from an organization.) One poll watcher may be present in the polling place representing a candidate or group at any given time. When overcrowding interferes with the orderly conduct of the election, the Election Judge may ask all poll watchers to leave. The Election Judge may cause the removal of any poll watcher who is disrupting the election process. Functions of a poll watcher: Before the first ballot is cast, poll watchers may observe machine preparation. During the preparation of the machine, the counters will be verified, witnessed, and posted for inspection by the poll watcher. Poll watchers will be positioned near enough to the election judges to hear and see procedures. Chairs will be set up in the designated area. Poll watchers may challenge a person's right to vote, only on the basis of identity, that is, the person is not whom he/she purports to be. The poll watcher should politely inform the Chief Judge of the challenge. The Chief Judge determines whether or not to sustain a challenge. Poll watchers may observe the tally procedures after the polls close. If an error or violation continues after the Chief Judge has been informed, the poll watcher should record his/her observations, immediately contact the Hyattsville Board of Supervisors of Elections at 301-985-5009 and remain at the polling place until proper authorities arrive. Under no circumstances should a poll watcher argue with the Election Judge or interfere with the election process. The Judges of Election are the sole authority in the polling place on Election Day. No person except a judge may handle or touch election supplies or materials. A police officer may be in the polling place to preserve order and carry out lawful directions given by the judges. If the poll watcher(s) at any polling location become disruptive or interfere with the election process, they will be asked to leave. Section 15-3 of the Election Code:
A challenger and watcher may enter the polling place one-half hour before the opening of the polls. However, if a majority of those Election Judges present believe that the presence of the challengers and watchers in a polling place before it opens will prevent the timely opening of the polling place, the Judges may direct all challengers and watchers to leave the polling place. Election Judges are not required to admit to a polling place before the opening of the polls any challenger and watcher who was not present at the polling place at least one-half hour before its opening. A challenger and watcher has the right to enter or be present at a polling place at any time the polls are open, and may remain in the polling place until the returns are completed. Challengers and watchers may not at any time interfere with or obstruct the Judges in the proper performance of their duties. It is unlawful for any challenger and watcher to inquire or ascertain for which candidate any voter intends to vote, or has voted, or to converse in the polling place with any voter or assist any voter in the preparation of his ballot or in the operation of the voting machine. Any challenger or watcher who violates the restrictions of this paragraph may lawfully be ejected by the Judges and is subject to the punishment provided for in this article. Poll watchers may not enter into the area of the voting machines, and must remain beyond the beginning edge of the table(s) being used by the Election Judges. Only the Chief Judge may give the number of voters to poll watchers. Poll watchers, having presented their certificates, shall be assigned a position inside the polling room to enable them to see any person who offers to vote. Such challengers and watchers may be permitted to remain within the polling room until the returns are completed. No challengers or watchers shall be permitted to enter a polling place before 7:00 a.m. unless they are present onehalf hour before the opening. (6:30 a.m.). They are not to confer in the polling room with any voter. Questions pertaining to this should be directed to the Board of Supervisors of Elections on Election Day.
V. Council Information Council Responsibilities It is the responsibility of Council Members to attend the following meetings: Council Work Sessions Council Work Sessions are held on the second Monday of each month, except for the summer. The Council Work Sessions begin at 8:00 p.m. and are an opportunity for Council Members to discuss issues at length with City Staff. The Council Work Sessions are televised on Comcast Cable Channel 71 and Verizon Channel 12. Special Council Meetings Special Council Meetings are scheduled as needed by the Mayor and Council. The Special Council Meetings begin at 8:00 p.m. and are an opportunity for Council Members to discuss issues and take formal action. The Special Council Meetings are televised on Comcast Cable Channel 71 and Verizon Channel 12. Council Meetings Council Meetings are held on the first and third Monday of each month (see schedule of meeting dates). The Council Meetings begin at 8:00 p.m. and are an opportunity for Council Members to discuss issues and take formal action. The Council Meetings are televised on Comcast Cable Channel 71 and Verizon Channel 12. Closed Sessions Closed Sessions are held occasionally to discuss personnel or legal issues, and are called by the Mayor or by majority vote of the Council. Other Meetings Public hearings, special meetings, community meetings, or rescheduled meetings are occasionally held. Council Packets Packets of information are delivered to Council Members over the weekend. These packets contain background information on items to be discussed at the meetings. The Council Members review this information and come to the meeting prepared for discussion. Council Members are encouraged to solicit the opinion of their constituents.
Legislative Conferences A list of Legislative Conferences is included in your packet. Conferences hosted by the Maryland Municipal League are usually attended by Council Members. Represent the City Council Members are expected to represent the City at various functions throughout the year. Council Responsibilities to their Constituents Council Members perform a liaison function between the constituents of their Ward and the City. They are expected to be honest and to fairly represent their Ward.
Legislative Conferences "Summer Educational Conference" Maryland Municipal League, June This conference in Ocean City, Maryland, is the most comprehensive training opportunity available to legislative officials. Issues and topics of concern for local municipalities are discussed. This is an opportunity to become familiar with the legislative process and to network with representatives from other cities and towns in Maryland. Professional speakers give presentations, and the workshops are classroom oriented. "Legislative Conference" Maryland Municipal League, October This is a forum at which participants determine legislative priorities for Maryland municipalities for the next year. The conference also includes training workshops. 44