MAYOR AND TOWN COUNCIL TOWN OF FOREST HEIGHTS

RESOLUTION 6-06

A RESOLUTION TO AMEND EMEGENCY [Emergency] ELECTION LAW ORDINANCE

INTRODUCED BY:

ENACTED:

WHEREAS, the Town Council realizes the need for a concrete election law; and

WHEREAS, the Legislative Body of the Town of Forest Heights is committed to properly and fairly considering the wishes of the citizenry of Forest Heights as it relates to any election related issues in the Town of Forest Heights; and

WHEREAS, Article 23A, § 2, empowers the legislative body to have general power to pass such ordinances not contrary to the Constitution of Maryland, public general law, or, except as provided in Article 23A § 2B, public local law as they may deem necessary in order to assure the good government of the municipality, to protect and preserve the municipality's rights, property, and privileges, to preserve peace and good order, to secure persons and property from danger and destruction, and to protect the health, comfort and convenience of the citizens of the municipality; and

WHEREAS, the Section 33-12 of the Charter of the Town of Forest Heights empowers the Town Council to pass emergency ordinances with said ordinances being immediately effective if so designated at the time of their passage by resolution;

NOW THEREFORE BE IT RESOLVED the Code and Ordinances of the Town of Forest Heights shall be modified by adding Section 22.2.4 (e) which shall read: (e) Review by Legislative Body – prior to submitting the determination to the sponsor of the petition, the chief election official shall submit the determination to the Legislative Body for final evaluation of the petition format. The Legislative Body may at that time, by a majority vote, override the election official's determination.

BE IT FURTHER RESOLVED that non-compliance with this resolution and ordinance shall be deemed a municipal infraction and subject to 6 months in prison and a fine not to exceed $1,000.00; and

BE IT FURTHER RESOLVED that any incident of non-compliance with this resolution, as determined by a majority vote of the town council, shall be prosecuted and/or referred to the State's Attorney for prosecution by the Town Attorney ; and

AND BE IT FURTHER RESOLVED that this resolution shall take effect immediately upon its passage and shall remain in effect indefinitely.

PASSED THIS DAY OF February 16, 2006.

Larry Stoner, Council President & Councilman Ward III

George F. Wiggers, Councilman Ward I

Alice Hoskins, Councilwoman Ward I

Cliftl Atkinson, Councilman Ward II

Worthington Ross Councilman Ward III

Attest:

Bonita Anderson, Town Clerk