Subject
title
Worksession - Discussion and Direction on Chapter 8 Election Code Rewrite Recommendations from the Board of Supervisors of Elections.
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Department
City Clerk/Director of Council Operations Office
Recommendation
Staff recommend the Mayor and Council provide direction on the recommendations of the Board of Supervisors of Elections (BSE) in order to move forward with revisions to the Election Code and ensure implementation prior to the November 2027 Municipal Election.
Time is of the essence, as the 2027 election cycle has already begun. The first citywide election notice to Rockville residents is anticipated to be mailed in March 2027, and the Candidate Information Packet must be finalized and available for distribution by May 1, 2027.
To ensure that all related forms, notices, procedures, candidate materials, and administrative documents accurately reflect the applicable law, the Mayor and Council will need to provide directions regarding whether to accept, reject, modify, and address the BSE recommendations and authorize staff to proceed with the necessary revisions to the draft rewrite.
Change in Law or Policy
Upon completion and adoption of the rewrite, the proposed Election Code - Chapter 8 would significantly modify and modernize the laws governing the Rockville municipal elections, while providing greater clarity, transparency, and administrative consistency within the election process. Certain recommendations for consideration would require Charter Amendments.
Discussion
The Board of Supervisors of Elections (BSE) is actively preparing for the November 2027 Municipal Election and has identified several operational, administrative, and policy matters requiring direction from the Mayor and Council. Current preparations and recommendations include the following:
• Utilize Vote-by-Mail (VBM) as the method to conduct the 2027 Municipal Election;
• Request assistance from the Maryland State Board of Elections and the Montgomery County Board of Elections, including training on and authorization to use the State’s electronic pollbooks and election equipment;
• Provide recommendations to the Mayor and Council regarding proposed revisions to Chapter 8 of the City Code and related Charter provisions, as summarized in reports in the attachment to the Mayor and Council from February 24, 2025, September 8, 2025, and May 8, 2026;
• Include proposed Charter Amendments related to voting eligibility for 16-17-year-olds and term limits;
• Incorporate revisions to the proposed Enforcement Article intended to improve clarity, administration, and enforcement over the current law;
• Consider additional election reform concepts for future discussion beyond the 2027 election cycle, including, ranked-choice voting, and public campaign financing for potential implementation in 2031;
• BSE and staff to prepare a handbook for prospective candidates providing election guidance, filing requirements, and common compliance pitfalls; and
• Continue development and evaluation of electronic petition signature processes and related administrative procedures.
To complete the rewrite of Chapter 8, proposed Charter Amendments, and related election preparations, the BSE, the City Clerk/Director of Council Operations, and the City Attorney’s Office will require policy direction from the Mayor and Council regarding the scope, prioritization, and implementation of the proposed revisions.
Board of Supervisors of Elections 2027 Recommendations
The proposed revisions to Chapter 8 of the City Code and related Charter provisions are intended to improve the current election framework and address operational and administrative issues identified during the 2023 Municipal Election cycle. If accepted by the Mayor and Council, the proposed changes would provide updated procedures, clarification of responsibilities, and improvements to election administration and enforcement.
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BSE Recommendations for the 2027 Election |
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For the Mayor and Council |
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Recommendation |
Comment |
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Use VBM to conduct the 2027 election |
Because Rockville has successfully used VBM in its two previous elections and by doing so nearly doubled voter turnout |
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Establish a third vote center on the east side of Rockville Pike |
To increase voter participation in a part of the City in which turnout was lower than in most other areas |
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Require greater participation by the Office of City Attorney, including attendance at BSE meetings during an election year and physical presence on Election Day and during canvassing |
Because during the 2023 election, in a departure from prior practice, the City Attorney was absent during critical periods, forcing the BSE to address and resolve legal issues without guidance from his office. |
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Provide a stipend to BSE members who serve a full year of $2,500 for Board members and $3,500 for the chair |
Because Article III, Section 2(a) of the City Charter contemplates payment to BSE members and because the BSE, unlike other boards and commissions, performs a governmental function - the conduct of City elections |
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For the BSE and City Staff |
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Recommendation |
Comment |
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Prepare a handbook for prospective candidates providing guidance and describing common pitfalls |
To make running for office a bit less daunting and to avoid common errors made by candidates, e.g., using personal funds to pay campaign expenses |
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Work with IT Department to ensure that properties have not been improperly excluded from the database of Rockville voters |
Because in the 2023 election, as a result of an error made at the county level, registered voters living at the Bainbridge apartments did not receive ballots |
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Make necessary arrangements with the USPS to retrieve ballots postmarked on or just before Election Day |
Because in the 2023 election, despite a USPS promise to sweep postal facilities on Election Day for voted ballots, several ballots postmarked on, or the day before, Election Day were not delivered on time |
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Provide vendor with mailing addresses of Rockville voters who have opted for web delivery in state and federal elections |
Because the data provided by the MD BOE to the vendor does not - and in 2027 will not - include those addresses |
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Reach out to residents in newly added properties and communities |
To ensure that the residents of those properties and communities are fully aware of the election and their right to vote |
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Eliminate from ballot return envelopes the space in which to date the required oath |
To avoid the claim, made in other jurisdictions, that return envelopes incorrectly dated must be deemed void |
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Recommended Amendments to Chapter 8 of the City Code |
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Section |
Change |
Comment |
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Entire chapter |
Rewrite entire chapter |
To make it internally consistent and easier to understand and apply and to follow the pattern set by other election laws |
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8-1 |
Expand definition of “campaign material” to include robocalls, pre-recorded messages, and communications with audio components |
To make clear that non-tangible campaign materials must include the disclaimers required by Section 8-101(7) |
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8-1 |
Insert definition of “committee” |
Because one organization argued, with supporting authority, that without a definition of “committee” Rockville’s campaign finance laws were unconstitutionally vague |
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8-1 |
Delete definition of “absentee ballot” |
Because VBM eliminates the need for absentee ballots. |
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8-1 |
Insert definitions of “contribution” and “expenditure” with exceptions for those items not deemed reportable (e.g., volunteer activity, candidate personal expenses) |
Because virtually every other campaign finance law in the U.S., including the FECA, follows this pattern |
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8-6(a) |
Close registration to vote in City election 60, rather than 45, days before the election |
To allow additional time to check the voter information provided by the state to the vendor for errors and omissions |
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8-41(a) |
Substitute for provision specifying location of vote centers and drop boxes a provision stating that vote centers will be established and drop boxes placed at locations recommended by the BSE and approved by the M&C |
Because changed circumstances may render the locations currently specified in the Code inappropriate or unavailable |
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8-41(c) |
Reduce the number of notices and reminders from 4 to 3 |
To reduce costs and because the 4th mailer goes out after voter information has been sent to the vendor and therefore cannot be used to update the voter database |
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8-42(a) |
Delete provisions on absentee voting |
Because VBM eliminates the need for absentee voting |
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8-44(a)(1) |
Eliminate Certification of Person Assisting Voter |
Because certification serves no purpose and the need for the certification cannot be verified |
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8-71(a)(1) |
Clarify when one becomes a “candidate” |
To eliminate confusion caused by conflicting provisions of the chapter |
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8-72 |
Require slates to disband after each election cycle |
So slates cannot collect contributions in support of one group of candidates and use those funds years later to support a different group of candidates |
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8-73 |
Adopt provisions on independent expenditures that would: 1) require persons to register within 48 hours of making independent expenditures of at least $X; 2) file a report within 48 hours of making independent expenditures of at least $2X; 3) disclose in those reports the identities of their largest contributors; and 4) name a Rockville resident as an agent for service of process |
This provision would mimic the treatment of independent expenditures under Maryland Code, Election Law, Section 13-306, although presumably with lower amounts triggering the obligation to register and report. The requirement of naming an agent for service of process would facilitate enforcement and prevent evasion of service. |
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8-74(b) |
Eliminate the requirement of maintaining a petty cash ledger |
Because campaign committees do not actually maintain, or need to maintain, petty cash ledgers |
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8-81(a)(1) |
Require committees to file their first pre-election campaign finance reports 45, rather than 30, days before the election |
Because committees begin collecting contributions and making expenditures earlier in the election cycle |
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8-81(a)(4) |
Change the due date for annual campaign finance reports from November 8 to January 15 or 31 |
Because virtually every other campaign finance law in the U.S., including the FECA, follows this pattern |
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8-83(a) |
Increase the maximum late fee for filing campaign finance reports from the current maximum of $360 |
Because a maximum penalty of $360 does not provide an adequate incentive to file timely reports |
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8-83(c) |
Create a more streamlined and rational procedure for imposing and collecting late fees from those that do not file timely campaign finance reports |
Because the current system essentially requires the BSE to wait at least 60 days, which allows candidates and others to avoid disclosure prior to Election Day |
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8-101 |
Require text messages to offer recipients choice of opting out of receiving future political messages |
To protect residents who object to receiving unwanted political text messages |
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new |
Add a new section describing the authority of the Board of Supervisors of Elections, including the authority to: 1) conduct municipal elections; |
To resolve questions regarding the authority of the BSE, which might arise in litigation |
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2) determine adequacy of nominating petitions and certify the candidacy of nominees; 3) issue forms for reporting and other purposes 4) review and determine adequacy of campaign finance reports; 5) supervise canvassing of ballots; 6) investigate violations of Chapter 8 of the City Code; 7) issue municipal infraction citations to those who violate Chapter 8 of the City Code; and 8) certify election results. |
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new |
Add a provision making it a crime to threaten an election official or an election worker, or an immediate family member of an election official or election worker, because of that official’s or worker’s role in administering the election process |
This provision would mimic the Protecting Election Officials Act of 2024, Maryland Code, Election Law, Section 16-904, enacted by the state of Maryland |
Next Steps
Staff members have tentatively scheduled worksessions with BSE members to address code changes. Staff will prepare a first draft of the proposed Election Code Rewrite on a targeted date of August 21, 2026, for submission to the Mayor and Council for review.
Mayor and Council History
In 2025, the City retained a consultant to conduct a review of the City’s election processes and potential election reforms. The Mayor and Council held worksessions regarding the consultant’s review on May 19, 2025, and July 21, 2025. The consultant’s final report and recommendations were presented to the Mayor and Council on September 8, 2025. Mayor and Council received a draft of the Election Code Rewrite on April 27, 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 coordination moving forward.
Boards and Commissions Review
The consultant met with the Board of Supervisors of Elections (BSE) on April 24, 2025, to receive input and feedback regarding election administration and proposed reforms. In addition, the BSE was provided with a copy of the first draft Election Code rewrite on April 16, 2026, for review and recommendations. The BSE provided its recommendations for the original draft in a letter to the Mayor and Council dated May 8, 2026.