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Division 1. Generally.
The County Board of Elections must conduct any referendum on any County law as provided in section 115 of the County Charter. (Mont. Co. Code 1965, § 9-13; 2006 L.M.C., ch. 33, § 1.)
Editor’s note-The above section is cited in City of Takoma Park v. Citizens for Decent Government, 301 Md. 439, 483 A.2d 348 (1984).
A petition for a referendum on any legislation, or part thereof, enacted by the Council and subject to referendum under the charter, shall be composed of one or more sheets, each in substantially the following form:
"REFERENDUM PETITION"
"We, the undersigned registered voters of Montgomery County, Maryland, do hereby petition for a referendum vote on [the provisions (identifying them briefly) of] the act entitled ‘An Act [inserting title],’ enacted by the County Council for Montgomery County, Maryland, at its [insert month and year] legislative session." (Mont. Co. Code 1965, § 9-14; 1969 L.M.C., ch. 32, § 2.)
Editor’s note-The above section is cited in City of Takoma Park v. Citizens for Decent Government, 301 Md. 439, 483 A.2d 348 (1984).
Following the petition, there shall be the signatures of the petitioners who shall be registered voters of the County. Opposite the signature of each signer, there shall appear the residential address of the signer in the county. Below the signature of each signer, the signer's name shall appear in print or type lettering.
Below the signatures on each sheet of the petition, there shall appear an affidavit stating that each signature on the sheet was affixed in the presence of the affiant and that each signature is the signature of the signer affixed by voluntary act of the signer.
All sheets duly filed of a petition for a referendum on the same act shall constitute a single petition for a referendum on that act. The total number of signatures of different registered voters attached to the sheets constituting a single petition shall be not less than the number required by the charter. The number of required signatures must be computed by using the number of registered voters shown in the records of the board of supervisors of elections on the day the act becomes law. (Mont. Co. Code 1965, § 9-15; L.M.C., ch. 32, § 3; 1976 L.M.C., ch. 31, § 1; 1984 L.M.C., ch. 34, § 1.)
(a) The Board must promptly notify the President of the Council and the County Executive of any referendum petition filed with it and whether the petition is a valid petition requiring a referendum to be held under the Charter.
(b) If notified that the petition requires a referendum to be held under the Charter, the President of the Council must notify the public by advertisement in a newspaper of general circulation in the County that the law, unless it is an expedited law, is not in effect pending a referendum on it.
(c) The referendum must be held at the next regular election for any state or federal officer for which the ballot has not already been approved, or at a special election to be held on a date designated by the County Executive within 30 days after the Executive received notice under this Section from the Board.
(d) The Board must conduct any referendum and must use the same voting machines or ballots as it uses for other elections. (Mont. Co. Code 1965, § 9-17; 1969 L.M.C., ch. 32, § 5; 1971 L.M.C., ch. 16, § 1; 2006 L.M.C., ch. 33, § 1.)
The question on the voting machine or ballots shall appear as follows: "Shall the [insert brief informative description of Act] Act become law?" If the referendum relates only to a part of an act then the question shall appear as follows: "Shall the provisions [identifying them briefly] of the [insert brief informative description of act] Act becomes law?" The vote shall be by "yes" or "no" on the question. (Mont. Co. Code 1965, § 9-18.)
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