Sec. 16-9. Form of question on voting machine or ballots.

   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.)

Sec. 16-10. Return of election returns; public notice.

   (a)   After the election the Board must promptly notify the Clerk of the Council and the County Executive of the “yes” and “no” votes cast on the question.

   (b)   Promptly after receiving the notice of the votes, the Clerk of the Council must notify the public by advertisement in a newspaper of general circulation in the County of the result, and if the law is approved, of its effective date. (Mont. Co. Code 1965, § 9-19; 1969 L.M.C., ch. 32, § 6; 2006 L.M.C., ch. 33, § 1.)

Division 2. Amendment of Charter. 1

 

Notes

1	*Charter reference-Charter amendments, § 507.

Sec. 16-11. Petition-Form.

   Any petition of the voters for an amendment of the charter shall be composed of one (1) or more sheets, each in substantially the following form:

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   *Charter reference—Charter amendments, § 507.

"PETITION FOR AMENDMENT OF
MONTGOMERY COUNTY CHARTER"

   "We, the undersigned registered voters of Montgomery County, Maryland, do hereby petition for a referendum vote at the next regular, general or congressional election occurring after the filing of this petition on the following proposed amendment of the Montgomery County charter: (setting forth the complete text of proposed amendment)." (Mont. Co. Code 1965, § 2-1; 1968 L.M.C., Ex. Sess., ch. 8, § 1.)

Sec. 16-12. Same-Information required; signatures.

   (a)   Following such petition, there shall be the signatures of the petitioners who shall be registered voters of the county. Opposite the signature of each signer, which shall be written by himself in his own handwriting and not by his mark, there shall appear his residence address, including post office, and the district and precinct in which he is a registered voter. Below the signature of each signer his name shall be copied in print lettering by hand or mechanical means.

   (b)   Below the signatures there shall appear an affidavit made before a notary public or other person authorized to administer oaths in the state stating that each signature on the sheet was affixed in the presence of the affiant, that each such signature is the signature of the signer, that each signer is a registered voter of the county, and that each signer affixed his signature as his voluntary act. Any one (1) affidavit may apply to or cover any number of signatures to the petition.

   (c)   All sheets of a petition duly filed for a referendum on a proposed amendment shall constitute a single petition for such referendum on that amendment. The total number of signatures of different registered voters attached to the sheets constituting a single petition shall be not less than that number required by the charter if under the constitution of Maryland the charter controls, otherwise as provided in the constitution. (Mont. Co. Code 1965, § 2-2; 1968 L.M.C., Ex. Sess., ch. 8, § 2.)

Sec. 16-13. Same-Filing of petition; publication of amendment.

   All sheets of a referendum petition shall be filed with the county executive on or before the date prescribed by public general law of the state or the charter of the county, whichever shall be applicable. If such date is not prescribed by public general law or charter, then such filing shall occur not later than sixty (60) days preceding the date of the next regular, general or congressional election at which such proposed amendment is to be submitted to the voters of the county. Within seven (7) days after such filing, the county executive shall forward such petition to the board of supervisors of elections, which shall notify the council and the county executive whether or not such petition is valid. If notified that the petition so filed is a valid petition requiring a referendum thereon, the county executive shall cause such amendment to be published once a week for five (5) successive weeks prior to the election at which it is to be voted upon, in at least one (1) newspaper published in the county. Such publication shall also state that the amendment will be submitted to the voters for their approval or rejection at the next regular, general or congressional election, as the case may be, and shall state the date of such election. (Mont. Co. Code 1965, § 2-3; 1968 L.M.C., Ex. Sess., ch. 8, § 3; 1969 L.M.C., ch. 32, § 1.)

   Editor’s note-The above section is cited in Montgomery County v. Board of Supervisors of Elections, 311 Md. 512, 536 A.2d 641 (1986) and is cited in Montgomery County v. Board of Supervisors of Elections, 53 Md.App. 123, 451 A.2d 1279 (1982).

Sec. 16-14. Proposal of amendments by council.

   Any resolution adopted by the Council proposing an amendment to the Charter must include the complete text of the proposed amendment. After adoption of the resolution, a true copy certified by the Clerk of the Council must be filed with the Board of Supervisors of Elections on or before the date prescribed by state law or the Charter, whichever applies. The County Executive must publish notice of the proposed amendment in the same manner as provided in Section 16-13 for publication of an amendment proposed by petition. (Mont. Co. Code 1965, § 2-4; 1968 L.M.C., Ex. Sess., ch. 8, § 4; 1998 L.M.C., ch 24, § 1.)

   Editor’s note-Section 16-14 [formerly § 2-4] is cited in Montgomery County Council v. Garrott, 243 Md. 634, 222 A.2d 164 (1966).