(Nov. 24, 2016) After giving members two weeks to review the proposed changes to the charter, the Pocomoke City Council voted to approve a host of new election regulations on first reading during its regular meeting Monday night.
The changes include requiring all elections to be conducted with paper ballots, barring citizens from mounting write-in candidacies from public office, the inclusion of two alternate positions on the Board of Elections and new provisions for tie votes and election certification.
The additions were made to the town charter in response to the situation that developed after the contested election for city council between incumbent George Tasker and challenger Sheila Nelson.
Blamed on an unspecified “mechanical error” with the antiquated mechanical voting machines, 127 votes were counted, but election records showed 132 people voted that day in April.
The Pocomoke City Charter didn’t foresee this kind of difficulty, and provided little direction for the council or board of elections on how to proceed.
The charter states “The candidate or candidates for Councilman with the highest number of votes in each general election shall be declared elected as Councilman,” and requires elections to be certified 12 hours from the time the polls are closed.
Because of the confusion, the town decided to hold another election at the end of May, when Tasker edged Nelson 98-91.
By changing to a paper-ballot only system, the town hopes it will not have a repeat of this kind of error.
The new legislation also included provisions to remove write-in candidates from city elections entirely. The proposed code requires two declared candidates in a race in order to hold an election. If there are fewer than two candidates, the registered candidate would be declared the winner and no election would be held.  
The council also approved an expansion of the five-member board of election supervisors to include two alternates to fill vacancies. The alternates serve at the discretion of the board chair for any reason, including conflicts of interest or potential conflicts of interest.
Election certification will be handled a different way under the new law, where the Board of Election Supervisors will advise the city council if there is a tie vote or not, or if there are any issues with the vote totals.
The investigation thereof, or the decision not to pursue any sort of investigation into election issues will go to the city council.
“Nothing herein shall affect or impede the right of any candidate to challenge an election with the mayor and council or seek any legal remedy available,” the revised code reads.
In the event of a tie vote, the candidates will draw from a previously unopened pack of playing cards that has been shuffled by the current mayor. The candidate with the high draw wins.
The proposal moved to second reading, which will be held during the next regular meeting on Dec. 5.