Chapter 16. Elections.

Election District No. 1. All land within the following boundaries beginning at the intersection of the boundary line of Montgomery County and Howard County and the center line of Georgia Avenue (Md. Route 97); thence southerly along the center line of said road to its intersection with Hawlings River; thence meandering westerly along the center line of said river to its intersection with Zion Road; thence southerly along the center line of said road to its intersection with Brookeville Road; thence westerly along the center line of said road to its junction with Olney-Laytonsville Road (Md. Route 108); thence northwesterly along the center line of said road to its junction with Muncaster Road; thence southwesterly along the center line of said road to its intersection with Muncaster Mill Road (Md. Route 115); thence northwesterly along the center line of said road to its intersection with Gaithersburg-Laytonsville Road (Md. Route 124) where it continues as Snouffers School Road; thence northwesterly along the center line of said road to its intersection with Goshen Road where it continues as Wightman Road; thence northwesterly along the center line of said road to its junction with Brink Road; thence continuing northwesterly along the center line of said road to its intersection with Great Seneca Creek; thence meandering northeasterly along the center line of said creek to its junction with Jarl Drive; thence northeasterly along the center line of said road to its junction with Damascus Road (Md. Route 108); thence northwesterly along the center line of said road to its junction with Mullinix Mill Road; thence northeasterly along the center line of said road to the Montgomery County and Howard County boundary line; thence southeasterly along said boundary line to its intersection with Georgia Avenue, the point of beginning.

Election District No. 2. All land within the following boundaries beginning at the intersection of the center line of Darnestown-Germantown Road (Md. Route 118) and the center line of Clopper Road (Md. Route 117); thence northwesterly along the center line of said Clopper Road to its junction with White Ground Road and Barnesville Road (Md. Route 117); thence north and immediately northwesterly along the center line of said Barnesville Road to its junction with Slidell Road; thence northerly along the center line of said road to its intersection with Comus Road; thence westerly along the center line of said road to its intersection with Peach Tree Road; thence northeasterly and northwesterly along the center line of said road to its junction with Old Hundred Road (Md. Route 109); thence westerly along the center line of said road to its convergence with the boundary line of Montgomery County and Frederick County; thence northeast along said boundary line to its intersection with Prices Distillery Road; thence southeasterly along the center line of said road to its junction with Burnt Hill Road; thence southwesterly along the center line of said road to its junction with Kingstead Road; thence easterly along the center line of said road to its junction with Kings Valley Road; thence southeasterly along the center line of said road to its intersection with Ridge Road (Md. Route 27); thence southerly along the center line of said road to its intersection with Davis Hill Road; thence southwesterly along the center line of said road to its junction with Huntmaster Road; thence southerly along the center line of said road to its immediate intersection with Great Seneca Creek; thence meandering southerly along said creek to its intersection with Brink Road; thence northwesterly along the center line of said road to its intersection with Ridge Road; thence southwesterly along the center line of said road to its junction with Frederick Road (Md. Route 355); thence southerly along the center line of said road to its junction with Darnestown-Germantown Road; thence southwesterly along the center line of said road to its intersection with the center line of Clopper Road, the point of beginning.

Election District No. 3. All land within the following boundaries beginning at a point centered in the mouth of Seneca Creek, which lies between Tschiffely Mill Road to the west and Riley's Lock Road to the east; thence meandering northerly along said Seneca Creek to its intersection with Darnestown Road (Md. Route 28); thence westerly and northwesterly along the center line of said road to its junction with Dickerson Road (Md. Route 28); thence northerly along the center line of said road to its intersection with the boundary line of Montgomery County and Frederick County; thence southwesterly along said boundary line to its junction with the boundary line of Montgomery County and Loudoun County (Virginia); thence meandering southwesterly and southeasterly along said boundary line on the westerly side of the Potomac River to a point on the south side of the Potomac River directly opposite the mouth of Seneca Creek; thence north directly across said river to the center of the mouth of Seneca Creek, the point of beginning.

Election District No. 4. All land within the following boundaries beginning at the junction of Muncaster Mill Road (Md. Route 115) and Redland Road; thence southeasterly along the center line of said Muncaster Mill Road to its intersection with the North Branch of Rock Creek; thence meandering southwesterly along the center line of said branch to its confluence with Lake Bernard Frank; thence southwesterly along the center line of said lake to its confluence with the north branch of Rock Creek; thence southwesterly along the center line of said branch to its confluence with Rock Creek; thence meandering southerly along the center line of said creek to its intersection with Beach Drive northeast of and immediately proximate to Pooks Hill Interchange; thence westerly and northwesterly along the center line of said Beach Drive to its intersection with Rockville Pike (Md. Route 355) and Grosvenor Lane; thence westerly across said Rockville Pike along the center line of Grosvenor Lane to its intersection with Interstate Highway 270; thence northwesterly along the center line of said highway to its intersection with Old Georgetown Road (Md. Route 187); thence southerly along the center line of said road to its junction with Democracy Boulevard; thence westerly along the center line of said road to its intersection with Interstate Highway 270 Spur; thence northerly along the center line of said spur to its intersection with Tuckerman Lane; thence westerly along the center line of said road to its junction with Falls Road (Md. Route 189); thence northeasterly along the center line of said road to its intersection with the PEPCO power line right-of-way; thence westerly along the southern boundary of said right-of-way to its intersection with Piney Meetinghouse Road; thence northerly along the center line of said road to its junction with Travilah Road; thence northeasterly along the center line of said road to its junction with Darnestown Road (Md. Route 28); thence easterly along the center line of said road to its intersection with Shady Grove Road; thence northerly along the center line of said road to its junction with the center line of Redland Road; thence southeasterly and northeasterly along the center line of said road to its junction with Muncaster Mill Road, the point of beginning.

Election District No. 5. All land within the following boundaries beginning at the intersection of the center line of Northwest Branch Creek and the boundary line of Montgomery County and Prince George's County; thence meandering northwesterly along the center line of said Northwest Branch Creek, to its intersection with Bonifant Road; thence westerly along the center line of said road to the west boundary of Northwest Branch Park; thence northerly and westerly along the boundary of said park to its junction with Layhill Road (Md. Route 182); thence northerly along the center line of said road to its intersection with Norwood Road (Md. Route 182) and Ednor Road; thence northeasterly along the center line of Ednor Road to its intersection with the boundary line of Montgomery County and Howard County; thence meandering southeasterly along the boundary line of said counties to its junction with the boundary line of Montgomery County and Prince George's County; thence southwesterly along the boundary line of said counties to its intersection with Northwest Branch Creek, the point of beginning.

Election District No. 6. All land within the following boundaries beginning at the junction of Travilah Road and Darnestown Road (Md. Route 28); thence northwesterly along the center line of said Darnestown Road to its intersection with Quince Orchard Road (Md. Route 124); thence northerly along the center line of said road to its junction with Longdraft Road; thence northerly along the center line of said road to its intersection with the northeasterly boundary of Seneca Creek State Park; thence meandering northwesterly along the boundary of said park to its intersection with Clopper Road (Md. Route 117); thence northwesterly along the center line of said road to its junction with White Ground Road and Barnesville Road (Md. Route 117); thence northwesterly and southerly along the center line of said White Ground Road to its junction with Darnesville Road; thence southeasterly along said road to its intersection with Seneca Creek; thence meandering southerly along the center line of said creek to its confluence with the Potomac River; thence continuing south along a prolongation across the Potomac River to the boundary line of Montgomery County and Loudoun County (Virginia); thence meandering southeasterly along said boundary line and its continuance as the boundary line of Montgomery County and Fairfax County (Virginia) to a point on said boundary line directly opposite a prolongation from the center line of Swains Lock Road; thence northeasterly across the Potomac River along said prolongation and circumscribing the southern portion of Gladys Island to the center line of Swains Lock Road; thence northeasterly along the center line of said road to its junction with River Road (Md. Route 190); thence southeasterly along the center line of said road to its junction with Piney Meetinghouse Road; thence northerly along the center line of said road to its junction with Travilah Road; thence northerly along the center line of said road to its junction with Darnestown Road, the point of beginning.

Election District No. 7. All land within the following boundaries beginning at the junction of the boundary lines of Montgomery County, the District of Columbia and Fairfax County (Virginia); thence northeasterly along the boundary line of Montgomery County and the District of Columbia to its intersection with Rock Creek; thence meandering northwesterly along the center line of said Rock Creek to the point where Beach Drive crosses over said main branch of Rock Creek northeast of and immediately proximate to the Pooks Hill Interchange; thence northwesterly along the center line of said Beach Drive to its intersection with Rockville Pike (Md. Route 355) and Grosvenor Lane; thence west across said Rockville Pike along the center line of Grosvenor Lane to its intersection with Interstate Highway 270; thence northwesterly along the center line of said highway to its intersection with Old Georgetown Road (Md. Route 187); thence southerly along the center line of said road to its junction with Democracy Boulevard; thence westerly along the center line of the right-of-way of said boulevard to its intersection with Interstate Highway 270 Spur; thence southerly along said spur to its junction with Interstate Highway 495; thence southerly along said highway to its intersection with the boundary line of Montgomery County and Fairfax County (Virginia); thence meandering southeasterly along said boundary on the south side of the Potomac River to its junction with the boundary line of Montgomery County and the District of Columbia, the point of beginning.

Election District No. 8. All land within the following boundaries beginning at the intersection of Rock Creek and Norbeck Road (Md. Route 28); thence northeasterly along the center line of said Norbeck Road to its junction with Layhill Road (Md. Route 182); thence northeasterly along the center line of said road to its intersection with Norwood Road; thence northeasterly along the center line of Ednor Road to its intersection with the boundary line of Montgomery County and Howard County; thence northwesterly along said line to its intersection with Georgia Avenue (Md. Route 97); thence southerly along the center line of said road to its intersection with Hawlings River; thence meandering westerly along the center line of said river to its intersection with Zion Road; thence southerly along the center line of said road to its intersection with Brookeville Road; thence westerly along the center line of said road to its junction with Olney-Laytonsville Road (Md. Route 108); thence northwesterly along the center line of said road to its junction with Muncaster Road; thence southerly along the center line of said road to its intersection with Muncaster Mill Road (Md. Route 115); thence southeasterly along the center line of said road to its intersection with the North Branch of Rock Creek; thence meandering southwesterly along said branch to its confluence with Lake Bernard Frank; thence southwesterly along the center line of said lake to its confluence with the North Branch of Rock Creek; thence southwesterly along the center line of said branch to its confluence with Rock Creek; thence southerly along the center line of said creek to the intersection of Rock Creek and Norbeck Road, the point of beginning.

Election District No. 9. All land within the following boundaries beginning at the intersection of Interstate Highway 270 and Shady Grove Road; thence southerly along the center line of said Shady Grove Road to its junction with Darnestown Road (Md. Route 28); thence northwesterly along the center line of said road to its intersection with Quince Orchard Road (Md. Route 124); thence northerly along the center line of said road to its junction with Longdraft Road; thence northerly along the center line of said road to its intersection with the northeastern boundary line of Seneca Creek State Park; thence meandering northwesterly along said boundary line to its intersection with Clopper Road (Md. Route 117); thence northwesterly along the center line of said road to its intersection with Darnestown-Germantown Road (Md. Route 118); thence northeasterly along the center line of said road to its junction with Frederick Road (Md. Route 355); thence northerly along the center line of said road to its junction with Ridge Road (Md. Route 27); thence northeasterly along the center line of said road to its intersection with Brink Road; thence southeasterly along the center line of Brink Road continuing as Wightman Road to its intersection with Goshen Road where it continues as Snouffers School Road (Md. Route 115); thence southeasterly along the center line of said road to its intersection with Gaithersburg-Laytonsville Road (Md. Route 124) where it continues as Muncaster Mill Road (Md. Route 115); thence southeasterly along the center line of said road to its intersection with Muncaster Road and Redland Road; thence southwesterly along the center line of said Redland Road to its junction with Shady Grove Road; thence southerly along the center line of said road to its intersection with Interstate Highway 270, the point of beginning.

Election District No. 10. All land within the following boundaries beginning at a point on the boundary line of Montgomery County and Fairfax County (Virginia) located directly opposite an extension of the center line of Swains Lock Road; thence northeasterly from the same extension on said boundary line across the Potomac River and circumscribing the southern portion of Gladys Island to the center point of Swains Lock Road; thence northeasterly along the center line of said road to its junction with River Road (Md. Route 190); thence southeasterly along the center line of said road to its junction with Piney Meetinghouse Road; thence northerly along the center line of said road to its intersection with the PEPCO power line right-of-way; thence easterly along the southern boundary of said right-of-way to its intersection with Falls Road (Md. Route 189); thence southwesterly along the center line of said road to its intersection with Falls Chapel Way and Tuckerman Lane; thence easterly along the center line of said Tuckerman Lane to its intersection with Interstate Highway 270; thence southerly along the center line of said highway to its junction with Interstate Highway 270 Spur; thence southerly along the center line of said spur to its junction with Interstate Highway 495; thence southerly along the center line of said highway to its intersection with the boundary line of Montgomery County and Fairfax County (Virginia); thence meandering northwest along said boundary line to a point located directly opposite the center line of Swains Lock Road, the point of beginning.

Election District No. 11. All land within the following boundaries beginning at the intersection of Darnestown Road (Md. Route 28) and White Ground Road; thence northwesterly along the center line of said Darnestown Road to its junction with Martinsburg Road and Dickerson Road (Md. Route 28); thence northeasterly along the center line of Dickerson Road to its intersection with the boundary line of Montgomery County and Frederick County; thence northeasterly along said boundary line to its convergence with Old Hundred Road (Md. Route 109); thence easterly along the center line of said road to its junction with Peach Tree Road; thence southerly along the center line of said road to its intersection with Comus Road; thence easterly along the center line of said road to its intersection with Slidell Road; thence southerly along the center line of said road to its junction with Barnesville Road (Md. Route 117); thence southeasterly along the center line of said road to its junction with White Ground Road and Clopper Road (Md. Route 117); thence northwest and southerly along the center line of White Ground Road to its junction with the center line of Darnestown Road, the point of beginning.

Election District No. 12. All land within the following boundaries beginning at the intersection of the boundary line of Montgomery County and Frederick County and Prices Distillery Road; thence southeasterly along the center line of said road to its junction with Burnt Hill Road; thence southerly along the center line of said road to its junction with Kingstead Road; thence east along the center line of said road to its intersection with Kings Valley Road; thence southeasterly along the center line of said road to its intersection with Ridge Road (Md. Route 27); thence southerly along the center line of said road to its junction with Davis Mill Road; thence southeasterly along the center line of said road to its junction with Huntmaster Road; thence southeasterly along the center line of said road to its immediate intersection with Great Seneca Creek; thence meandering northerly along the center line of said creek to its junction with Jarl Drive; thence northerly along the center line of said road to its junction with Damascus Road (Md. Route 108); thence northwesterly along the center line of said road to its junction with Mullinix Mill Road; thence northeasterly along the center line of said road to its junction with the boundary line of Montgomery County and Howard County; thence northerly and northeasterly along said boundary line to its convergence with the boundary line of Montgomery County and Frederick County; thence southwesterly along the boundary line of Montgomery County and Frederick County to its intersection with Prices Distillery Road, the point of beginning.

Election District No. 13. All land within the following boundaries beginning at the junction of the boundary lines of Montgomery County, Prince George's County and the District of Columbia; then northeasterly, north, northwesterly, and northeast along the boundary line of Montgomery County and Prince George's County to its intersection with Northwest Branch; then meandering northwesterly along the center line of Northwest Branch to its intersection with Bonifant Road; then westerly along the center line of Bonifant Road to its junction with the west boundary line of Northwest Branch Park; then northerly along that boundary line to its junction with Layhill Road (Md. Route 182); then northerly along the center line of Layhill Road to its junction with Norbeck Road (Md. Route 28); then southwesterly along the center line of Norbeck Road to its intersection with Rock Creek; then meandering southerly along the center line of Rock Creek to its intersection with the boundary line of Montgomery County and the District of Columbia; then northeasterly along that boundary line to the northernmost apex of the District of Columbia; then southeasterly along the boundary line of Montgomery County and the District of Columbia to its junction with the boundary line of Montgomery County and Prince George's County, the point of beginning.

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.

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.

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.

The Board must conduct any referendum and must use the same voting machines or ballots as it uses for other elections.

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.

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.

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.

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.

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.

In this Section, the following words have the meanings indicated:

Except as otherwise provided in this Section, and to the extent applicable:

If the Board advises the Council in writing that certain deadlines or other time periods provided by state law cannot be complied with in a special election held under this Section, or that compliance with those deadlines or time periods would be unreasonable or burdensome, the Council may in the resolution set other deadlines or time periods appropriate for the special election held under this Section.

Immediately after adopting a resolution under this Section, the Council must deliver the resolution to the Board.

Within 7 calendar days after adopting the resolution, the Council must publish a notice that a vacancy has occurred in at least one newspaper of general circulation in the County. The notice must specify:

The Board must identify the costs it incurred in holding a special election under this Section and submit a request for a supplemental appropriation to the Director of the Office of Management and Budget within 60 days after the special general election.

chooses not to apply to be a certified candidate; or

applies to be a certified candidate but fails to qualify.

made by a County resident;

made after the beginning of the designated qualifying period, but no later than the respective election; and

acknowledged by a receipt that identifies the contributor’s name and residential address and signed by the contributor directly or by a digital signature using a method approved by the Board.

The Director must create a Public Election Fund. This Fund is continuing and non-lapsing.

The Fund consists of:

Before raising any contribution governed by this Article, an applicant candidate must:

Other than a contribution from an applicant candidate or the candidate’s spouse, an applicant candidate must not accept an eligible contribution from an individual greater than $500, as adjusted under Section 16-23(j).

An applicant candidate must not accept a loan from anyone other than the candidate or the candidate’s spouse. An applicant candidate and the candidate’s spouse together must not contribute or lend a combined total of more than $12,000 to the candidate’s publicly funded campaign account.

To qualify as a certified candidate:

An applicant candidate must deposit all eligible contributions received into the candidate’s publicly funded campaign account. An applicant candidate must deliver to the Board a copy of a receipt for each qualifying contribution.

A candidate must apply to the Board for certification during the qualifying period.

The Board must certify an applicant candidate if the Board finds that the candidate has received the required number of qualifying contributions and the required aggregate total dollars for the office no later than 10 business days after receiving:

The decision by the Board whether to certify a candidate is final.

A candidate may submit only one application for certification for any election. A candidate may correct any mistakes in the application for certification or supplement their application with additional qualifying contributions within the earlier of:

If the Board certifies a candidate, the Board must authorize the Director to disburse a public contribution to the candidate’s publicly funded campaign account.

A candidate that submits a notice of intent under Section 16-20, but fails to qualify as a certified candidate is deemed a non-participating candidate and is not bound by the requirements of this Article.

Matching amounts. The Director must distribute a public contribution from the Fund to each certified candidate in a contested election only during the distribution period as follows:

Non-matchable contributions. The Director must not distribute matching dollars from the Fund to a certified candidate for:

Qualifying contribution limits. A certified candidate may continue to collect qualifying contributions and submit a request for a matching public contribution up to, and including, the day of a primary or a general election. A qualifying contribution must not exceed $500 from any individual in the aggregate during a 4-year election cycle.

Availability of funds for distribution. On or before July 1 of the year preceding the primary election, the Director must determine if the amount in the Fund is sufficient to meet the maximum public contributions reasonably expected to be required during the next election cycle. If the Director determines that the total amount available for distribution in the Fund is insufficient to meet the allocations required by this Section, the Director must reduce each public contribution to a certified candidate by the same percentage of the total public contribution.

General election distributions. Within 3 business days after the County Board certifies the results of the primary election, the Board must authorize the Director to continue to disburse the appropriate public contribution for the general election to each certified candidate who is certified to be on the ballot for the general election.

Petition candidates. A certified candidate nominated by petition may receive a public contribution for the general election if:

Receipts required. A participating candidate must submit a receipt for each qualifying contribution to the Board to receive a public contribution. The Director must deposit the appropriate public contribution into a participating candidate’s publicly funded campaign account within 3 business days after the Board authorizes the public contribution.

General election public contributions. A candidate may receive a matching public contribution during the general election for an unmatched qualifying contribution received during the primary election after the candidate has received the maximum public contribution for the primary election if the candidate is otherwise eligible to receive matching public contributions during the general election.

Mistaken public contributions. If the Director mistakenly distributes a public contribution to a candidate greater than the candidate was entitled to receive, the candidate must repay the funds mistakenly distributed within 5 business days after being notified of the mistake. Any unspent funds returned to the County after an election may be used as a credit against any repayment required for a public contribution mistakenly received.

Consumer Price Index adjustment.

Except as provided in Section 16-27, a participating candidate may use the eligible contributions and the matching public contribution for a primary or general election only for expenses incurred for the election. A participating candidate must not pay in advance for goods and services to be used after certification with non-qualifying contributions received before applying for certification unless the expenditure is permitted by Executive regulation adopted under Section 16-21.

A complaint alleging an impermissible receipt or use of funds by a participating candidate must be filed with the Board.

A participating candidate must provide the Board with reasonable access to the financial records of the candidate’s publicly funded campaign account, upon request.

A certified candidate may withdraw an application for a public contribution any time before the public contribution is received by the candidate’s publicly funded campaign account.

A participating candidate may withdraw from participation if the candidate:

accept a private contribution from any group or organization, including a political action committee, a corporation, a labor organization, or a State or local central committee of a political party, except that an applicant candidate or a participating candidate may, subject to subsection (h), accept in-kind contributions from a State central committee of a political party, and from a Montgomery County central committee of a political party;

accept private contributions from an individual in an aggregate greater than $500 during a 4-year election cycle, or the maximum amount of an eligible contribution, as adjusted by Section 16-23(j);

pay for any campaign expense after filing a notice of intent with the Board to seek public funding with any campaign finance account other than the candidate’s publicly funded campaign account;

be a member of a slate in any election in which the candidate receives a public contribution;

accept a loan from anyone other than the candidate or the candidate’s spouse;

solicit funds for a State or a Montgomery County central committee of a political party; or

transfer funds:

Limitations on In-Kind Contributions

Candidate affiliation. A candidate who accepts a public contribution may affiliate with any other candidates, including non-publicly financed candidates, on campaign material if:

Except as provided in subsection (b):

A certified candidate may retain funds to pay for post-election expenses if:

Consumer Price Index adjustment.

After a general election in an election cycle, the Executive must conduct an audit of the financial activity of the public campaign financing system, including publicly funded campaign accounts, to ensure publicly funded campaign accounts raised and spent funds in compliance with this Article.

The Executive must adopt regulations that specify the scope of the audit required by this Section.

how and when receipts for qualifying contributions from contributors must be submitted to the Board;

the documents that must be filed with the Board for certification;

the allowable uses of money in a publicly funded campaign account;

the scope of the audit required in Section 16-28; and

other policies necessary to implement this Article.

Civil Violations. Any violation of this Article is a Class A civil violation. Each day a violation exists is a separate offense.

Payment. A fine may be paid by the campaign only if all public contributions have been repaid to the Fund. Otherwise, the candidate or officer found to be responsible for the violation is personally liable for the fine.

Additional penalties.