§ 26. Referendum; proclamation of result

   (a) Conduct of election; ballots. -- On the day and during the hours specified for the referendum, the question of incorporation under the proposed charter shall be submitted to the registered voters of the area proposed to be incorporated. The board of supervisors of elections of the county, and its clerks, judges of election and subordinates, shall arrange for and conduct the referendum. It is the intent of this section that the referendum election shall be conducted generally according to the procedures and practices observed for regular countywide elections, except as specifically or necessarily modified by the provisions of this subtitle. The wording specified by the county governing body, in the resolution providing for a referendum on the question of the proposed incorporation, shall be placed on the ballots or voting machines used at the referendum election.

(b) Tally and certification of results. -- The board of supervisors of elections, and its clerks, judges of election and subordinates, promptly following the closing of the polls shall tally the results thereof, and shall forthwith certify the results of the referendum to the county governing body.

(c) Proclamation of results; effect of election. -- If a majority of those who vote on any question so submitted to the voters of a particular area, proposing the incorporation thereof, shall cast their votes in favor of the incorporation under the proposed charter, the county governing body shall within 10 days after receiving a certification of the vote from the board of supervisors of elections so proclaim publicly, and on the 30th day following the public proclamation the area specified, and the residents thereof, shall be deemed to be a municipal corporation operating under and in accordance with the charter so proposed, in all respects to be effective and observed as the charter of the municipal corporation. If less than a majority of those who vote on any such question of proposed incorporation shall cast their votes in favor of the incorporation under the proposed charter, the county governing body likewise shall so proclaim, adding to the proclamation the statement that the proposed incorporation is of no effect and that as to the said proposed municipal incorporation the proposed charter is null and void and of no effect whatsoever.

HISTORY: 1955, ch. 423; 1990, ch. 659, § 2; 1998, ch. 678.