Subject
title
Introduction of an Ordinance to update and amend Chapter 8 of the Rockville City Code entitled "Elections" and schedule a public hearing. (Attachment of Chapter 8 ordinance will be completed and attached by Monday and reposted with staff report)
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Department
City Clerk/Director of Council Operations Office
Recommendation
Staff recommend the Mayor and Council discuss the proposed updates to Chapter 8 entitled “Elections” and schedule a Public Hearing.
If the Mayor and Council are ready to move forward with the Ordinance, the Mayor and Council may introduce the Ordinance and schedule a Public Hearing.
Change in Law or Policy
Upon introduction of the ordinance to amend and update Chapter 8 of the City Code, entitled “Elections,” to modernize the City’s election processes and incorporate current best practices.
Discussion
The attached ordinance is provided to introduce and schedule a public hearing. Staff anticipate a public hearing will be held and reserved on October 26, 2026, and second tentative public hearing on November 2, 2026.
While the updates do not serve as a comprehensive amendment to Chapter 8, the primary focus is to identify several operational administrative and policy matters that require direction from the Mayor and Council, and recommendations from the Board of Supervisors of Elections to propose amendments to Chapter 8 entitled “Elections” and Proposed Charter Amendments.
The proposed revisions put forth are feedback and direction from the Mayor and Council Worksession on September 14. The revisions to Chapter 8 of the Rockville City Code and Charter provisions are intended to improve the current election framework and address operational and administrative issues identified during the 2023 Municipal Election cycle. If approved by the Mayor and Council the changes would provide updated procedures, clarification of responsibilities, and improvements to election administration and enforcement.
Tonight, we are presenting the proposed revisions based on the directions provided by the Mayor and Council during the September 14 worksession and the following sections of the updates to Chapter 8 as highlighted in the staff report and attached ordinance:
Sec. 8-1. - Definitions.
Ballot question - A question that voters can vote on to approve or reject. Ballot questions can be placed on the ballot by the Mayor and Council, by petition, or by other methods permitted by law. Ballot questions include charter amendment referenda, annexation referenda, recall petitions, bond authorizations, and advisory questions.
Board - The Board of Supervisors of Elections is the body designated by the Charter to administer and supervise Rockville Municipal Elections.
Candidate - An individual seeking election to a City office. An individual becomes a candidate when they take any of the following actions at any time during an election cycle:
• A nominal fee ($25 or less) paid by an individual in the course of volunteering personal services to a candidate or political committee for the use of a room on their residential premises for candidate- or political committee-related activities.
Earned Media - Free or unpaid publicity that a brand, company, or person receives through word-of-mouth, third-party reviews, social media mentions, or organic news coverage.
Election Official - means any of the following:
• The City Clerk/Director of Council Operations or a member of their staff;
• A member of the Board of Supervisors of Elections;
• Counsel to the Board of Supervisors of Elections;
• Appointed Officials;
• An election judge;
• An election worker; or
• Any other individual who takes the oath prescribed by Article I, § 9 of the Maryland Constitution to assist in administering an election.
Immediate Family Member - includes a parent, spouse or child.
Expenditure -
The following are not expenditures:
• Any cost incurred in producing any earned media.
Independent expenditure - Any expenditure by a person for a public communication that:
Media - Any earned media or news story, commentary, or editorial carried or published on:
Public communication - A communication by means of any broadcast, cable, satellite, or digital communication, newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank to the general public, or any other form of general public political advertising.
Special Election - An election held by the City of Rockville under 8-22 to:
Vote-By-Mail - A method of voting in which a registered voter casts an official mail-in ballot by mail.
A voter receives their ballot in the mail. Then the voter marks the ballot and seals it in an envelope, following instructions sent with the ballot. The voter can return it by mail, at a ballot dropbox, or to the local election office by the legal deadline.
Sec. 8-4. - Powers and Duties of the Board of Supervisors of Elections.
(a) The Board of Supervisors of Elections will be appointed by the Mayor and Council. The Board will administer and supervise elections with the City Clerk according to Article III of the City Charter and this Chapter. Board members cannot serve as a candidate, treasurer, nor be a key contributor to any City campaign. The City Manager, the City Attorney and other City Departments will assist and support the Board in its official duties. The Board will:
(1) Conduct Rockville Municipal Elections
(2) Oversee the nomination of candidates for elected City office and verify the eligibility of candidates by:
a. Reviewing, verifying eligibility and certifying petitions for office
b. Verifying that candidates are residents of the City
(7) Investigate the facts and circumstances of potential violations of Chapter 8 and issue Notices of Violation
(b) The Board does not have the authority to oversee any of the following:
(1) The use of City facilities for campaign purposes
(2) Dissemination of election information on Official City media, City parades, or televised forums and/or debates
Sec. 8-21. - General Elections.
(a) All general City elections shall be held at such dates and times as provided in Article III, Section 4, of the City Charter.
(b) In accordance with the City Charter, any individual elected to serve as Mayor, and any individual elected to serve a Councilmember shall not be permitted to serve more than four (4) consecutive terms of four (4) years.
Sec. 8-41. - Election Procedures General.
(d) All ballots and/or voting machines shall show the name of each candidate nominated for elective office in accordance with the provisions of the Charter, arranged in alphabetical order by office with no party or principal designation of any kind.
Sec. 8-44. Voter Assistance; Mail-in VotingVote-By-Mail; Election Day
(a) Mail-in votingVote-By-Mail.
(1) A registered voter who requires assistance to vote because of disability, inability to read, or inability to write, may authorize another person to mark the mail-in ballot and, if necessary, sign his or her name on the back of the return envelope. Any person individual assisting a registered voter to vote in this manner must (i) mark the ballot as directed by the registered voter.
(b) Election day vote center assistance.
(1) Physical assistance. In addition to their other duties, election judges shall provide assistance to voters who, due to physical infirmity, have difficulty in voting. The City shall make appropriate provisions for handicapped disabled voters including but not limited to providing ramps and otherwise making the vote centers accessible; and, pursuant to procedures established by the Board, provisions permitting handicapped disabled persons individuals to vote from any accessible location not greater than one hundred (100) feet from an entrance to a vote center.
(5) Person Individual accompanying voter into privacy booth or device. A voter may not be
accompanied into a voting station by any person over the age of fifteen (15) years unless the affidavit required by subsection (b)(4)(i) of this section has been accepted by the election judges.
Sec. 8-45.- Electioneering.
No person individual shall may electioneer or post any campaign material in any vote center or within a 50-foot radius from the entrance and exit of the building where ballots are cast or within fifty (50) feet of a drop box located outside. No individual may obstruct access to a drop box located inside or outside a vote center. The Board of Supervisors of Elections may modify the 50-foot requirement to accommodate unusual sites and/or weather conditions, provided that no electioneering or posting shall be allowed within the building where ballots are cast, and no individual may impede voter ingress and egress to the voting center. will not be impeded. The vote center and voting station(s) shall be frequently cleaned to ensure the removal of candidate paraphernalia.
Sec. 8-47. - State Requirements.
Pursuant to State law, the City must do the following:
(d) No later than 10 business days after the candidate filing deadline for a general or special election, submit to the State Board the following, which will be immediately published on the State Board’s website:
(1) a list of each official candidate for each office on the municipal ballot
Sec. 8-48.- 2031 Election Changes.
(a) Ranked Choice Voting -Pursuant to potential amendments to the Charter and this Chapter and the formation of applicable policies and procedures by the Board, beginning in the year 2031, elections for the Mayor and Councilmembers will be conducted using a ranked voting method.
(b) Public Finance - Pursuant to potential amendments to the Charter and this Chapter and the formation of applicable policies and procedures by the City beginning in the year 2031, campaigns for the Mayor and Councilmembers will be conducted with access to public funds.
(c) Randomized Ballot - Pursuant to potential amendments to this Chapter and the formation of applicable policies and procedures by the Board, beginning in the year 2031, the placement of candidate names on ballots must be arranged by office in a randomized order.
Sec. 8-71. - Appointment of Treasurer; Resignation of Treasurer.
(d) No member of the Board or current employee of the board (including permanent, part-time, or temporary employees) may be a candidate, a treasurer for any candidate or campaign committee, or participant in any City political campaign.
Membership in a political party alone is not considered a key contribution. actively participating.
Sec. 8-73. - Appointment of chairperson and treasurer by campaign committee; reports.
(a) Requirements for chairperson and treasurer of a campaign committee. Every campaign committee must appoint a chairperson and treasurer, on a form prescribed by the Board. Campaign committees for slates must appoint a chairperson and a treasurer.
(4)A campaign committee or any of its members must not collect, receive, or disburse money or other valuable things unless the chairperson if applicable and treasurer are appointed and filed as required in this subsection.
(b) Role of the treasurer of a campaign committee. The treasurer will receive, keep, and manage all contributions and expenditures of the committee and file all required reports.
Sec. 8-75.- Expenditures by Treasurer.
(a) Treasurer manages all finances. All contributions and expenditures by any candidate or campaign committee must be managed by the treasurer and recorded in the campaign’s financial records. Any candidate or any member of a campaign committee must not make an expenditure without the knowledge of the treasurer.
Sec. 8-78. - Contributions and Expenses of Persons who are not Candidates.
This section does not apply to a candidate’s contribution to their own campaign committee.
(f) Limit of contributions. No person may contribute, either directly or indirectly, any money or thing of value greater than $1,200.00 to any single candidate or campaign committee in the aggregate, in any election cycle.
1. The Board will recommend periodic increases in the campaign contribution limits set forth in this section based on an increase in the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area as published by the U.S. Department of Labor, Bureau of Labor Statistics or any successor index, for the preceding calendar year.
2. When the campaign contribution limit is increased after such a recommendation pursuant to this section, the contribution limit shall be rounded to the nearest increment of twenty-five dollars ($25.00).
3. All contributions in excess of $100 must be made by check or electronic method.
(g) Transfer of campaign funds.
(1) The following types of transfers are exempt from the limitation of one thousand $1,200 in subsection (f) of this section:
(2) Transfers between the treasurers of two candidates, the treasurers of two campaign committees and between a candidate’s treasurer and the treasurer of a campaign committee are limited to $5,000.
Sec. 8-79. - Campaign Communications by Labor Organizations, Corporations, Business Associations.
(b) These communications will not be considered in determining whether the corporation, unincorporated business association, or labor organization is a political committee, provided that:
3.The material is not the reproduction or republication, in whole or in part, of media or earned media or campaign materials prepared by the candidate, campaign committees, or their authorized agents.
Sec. 8-80. - Payment for Walk-Around Services on early voting days and Election Day
(c) Exceptions - This section does not apply to:
1. Meals, beverages, and refreshments served to campaign workers
2. Salaries of regularly employed personnel in campaign headquarters
3. Media or earned media advertising
Sec. 8-83. - Requirements of Election Reports and Statements.
(b) Amounts of fees. The Board must set fees in the following amounts for each day that a report listed in subsection (a) above:
(1) $200.00 for each of the first 10 days
(2) $300.00 for each of the following 10 days.
(3) $450.00 for each day thereafter.
(d) Maximum fees. The maximum fee payable for late report listed in subsection (a) above is $7,500.
Sec. 8-111. - Violation of Chapter Declared Misdemeanor, Penalty for Violations.
(b) Threatening to Harm a Municipal Election Official. Any person who knowingly and willfully makes a threat to harm a municipal election official or an immediate family member of a municipal election official because of the municipal election official’s role in administering the election process, is guilty of a misdemeanor subject to prosecution by the State’s Attorney of Maryland. If they are convicted, they will be fined up to $2,500 or be imprisoned for no more than 3 years, in the discretion of the court.
(c) Municipal infractions. Any person who violates any provision of this chapter other than those listed in subsection (a) or (b) above is guilty of a municipal infraction under Section 1-9 of this code.
(1) The Board can investigate the facts and circumstances of a potential violation of this chapter as appropriate, including receiving complaints, questioning interested parties and requesting documents. Investigations will be conducted pursuant to standard operating procedures established by the Board. Any person who fails to cooperate with the investigation of the Board has violated this chapter and is guilty of a municipal infraction.
The three resolutions to amend the Charter will be addressed in the next presentation for this evening.
(1) reduce the minimum voting age for municipal elections, (2) require Mayor and Councilmembers to be 18 years of age to serve, and (3) to limit the number of consecutive terms an elected official may serve.
Impact Statements
Equity
As drafted, the proposed ordinance is designed to enhance fairness, accessibility, and transparency in the City's electoral process. By emphasizing equitable treatment of all voters, ensuring that qualified residents can register and vote, the ordinance seeks to uphold the integrity of elections and protect the rights of eligible voters. Key provisions, such as the establishment of accessible vote centers and compliance with the Americans with Disabilities Act (ADA) and the Help America Vote Act (HAVA), promote inclusivity for the elderly and voters with disability.
Environment
As drafted, the proposed ordinance includes provisions that may have indirect environmental impacts. The vote-by-mail system and the use of ballot dropboxes could reduce the need for voters to travel to vote centers, potentially lowering vehicle emissions and contributing to improved air quality in the City. Additionally, the use of electronic signatures and digital communication for campaign materials and election processes may reduce the reliance on paper, thereby decreasing paper waste and promoting more sustainable practices.
Economy
As drafted, the proposed ordinance includes measures such as vote-by-mail systems, ballot drop boxes, and accessible vote centers, which may or may not require investment in infrastructure and technology. Additionally, the ordinance includes provisions for public financing of municipal elections starting in 2031, which may require the allocation of City funds to support candidates from diverse socioeconomic backgrounds.
Mayor and Council History
The original consultant’s final report and recommendations were presented to the Mayor and Council on September 8, 2025. The Mayor and Council received a draft of the Election Rewrite on April 16, 2026. Following discussion and direction provided on May 11, 2026, responsibility for the rewrite was reassigned to the City Clerk/Director of Council Operations and the Acting City Attorney for further review, revisions and updates to Chapter 8.
On June 8, 2026, the Mayor and Council were presented with the BSE recommendations for input and feedback regarding election administration and proposed reforms. Over the compressed three-month period, staff have worked closely with members of the BSE and election consultants in working group sessions to address the proposed changes and recommendations. As a result of this collaborative effort, staff prepared a draft of the proposed amendments to the ordinance for submission to the Mayor and Council on August 28, 2026
On September 14, 2026, the Mayor and Council held a Worksession on the proposed updates to Chapter 8 and provided direction to staff to incorporate their feedback and prepare an ordinance for introduction on October 5, 2026.
Public Notification and Engagement
Staff proposes introducing and scheduling a public hearing on the Election Code - Chapter 8 and Charter amendments to the Mayor and Council and request a public hearing to be scheduled for October 26, 2026, with a tentative second public hearing on November 2, 2026.
Boards and Commissions Review
The Board of Supervisors of Elections (BSE) has had detailed discussions and provided recommendations about the topics and issues being addressed in this ordinance. The Board participated in worksessions with staff and the consultants and provided recommended language for the Election Code amendment.
Next Steps
If the Mayor and Council are ready to move forward with the Ordinance, the Mayor and Council may introduce the Ordinance. After Introduction of the ordinance, Mayor and Council may request a public hearing. Staff will schedule a requested public hearing for October 26, 2026, with a tentative second public hearing on November 2, 2026.