OCEAN CITY, Md. - Ocean City officials are considering changes to how the town determines whether candidates meet residency requirements for elected office, following recent disputes that raised questions about domicile, primary residence and who should decide if a candidate qualifies to run.
During a work session Tuesday, council members discussed possible charter changes that could allow candidates to be reviewed earlier in the election process and add language explaining the intent behind the town’s residency requirements.
No final decision was made. Council President Matt James said he preferred to wait until a future meeting when more council members are present. Councilwoman Carol Proctor was absent from the discussion.
City Solicitor Heather Stansbury said the conversation dates back to February 2025, before the town amended its charter last year to clarify candidate qualifications and require elected officials to maintain those qualifications while in office.
The issue returned following disputes involving Leslie Smith, who was deemed ineligible to run for council last year, and former Councilman Tony DeLuca, whose domicile was challenged earlier this year.
Stansbury told council the town cannot prevent someone from owning a second home, adding that property ownership alone is not the central issue. She said council could consider adding language stating that candidates and elected officials must maintain Ocean City as their primary residence.
Smith told WBOC she believes the town needs to revisit how it handles candidate qualifications.
“There was a lot of discussion, which is good,” Smith said. “I don’t think we really accomplished much today, but I do think that we got across to the council that we need to revisit qualifications for candidacy.”
Smith also argued that holding a rental license should not automatically prevent someone from running for office, saying a person could rent out a home for part of the summer while still intending to return and live in Ocean City for most of the year.
Council members also discussed who should judge candidate qualifications. Some public speakers suggested involving the Worcester County Board of Supervisors of Elections. Stansbury said it is common for municipalities to make those determinations themselves and that moving the responsibility to the county would require additional review.
Council members indicated general support for keeping that authority with the council while allowing candidates to be reviewed as they file, rather than waiting until shortly before an election. Officials said an earlier determination could provide more time for a candidate to appeal a denial in Circuit Court.
City Manager Terry McGean said the city solicitor will draft possible language based on Tuesday’s discussion and bring it back before council at a future work session.
The draft could include provisions addressing earlier candidate qualification reviews and language explaining the intent of the town’s residency requirements.
