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(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.)
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).
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).
Following the election the board of supervisors of elections shall promptly make a return to the president of the council of the number of votes cast for the amendment and of the number of votes cast against the amendment. If, at such election, the majority of the votes cast for and against the amendment shall be in favor thereof, the amendment shall be adopted and become a part of the charter from and after the thirtieth day after such election. Promptly after the return of the votes, the president of the council shall give public notice of the result thereof in such manner as he shall determine, and if the proposed amendment is adopted, of the effective date thereof. (Mont. Co. Code 1965, § 2-5; 1968 L.M.C., Ex. Sess., ch. 8, § 5.)
The Board of Supervisors of Elections shall conduct a referendum of any amendment proposed pursuant to public general law, the charter or to the constitution of Maryland as may be applicable and the provisions of this article, and shall use the same voting machines or ballots, as are used by it in the regular, general or congressional election at which such proposed amendment is submitted to the voters. There shall appear in print on the voting machine or ballot a ballot title of the proposed amendment which shall be prepared by the Council in such form as to present the purpose and substance of the amendment fairly and concisely. Such ballot title shall be filed with the Board 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 the 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. The question on the voting machine or ballot shall follow the ballot title, and shall be stated as follows: "For the Amendment" and "Against the Amendment." When two (2) or more amendments are submitted at the same election they shall be submitted so that each may be voted upon separately. (Mont. Co. Code 1965, § 2-6; 1968 L.M.C., Ex. Sess., ch. 8, § 6.)
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