The Anne Arundel County Council is scheduled to make its fourth attempt Monday at filling the District 1 seat left vacant by Daryl Jones. Jones, who reported to federal prison in January, was convicted in November for his failure to file federal income tax returns.

Since February, the six remaining councilmen have been deadlocked in a tie stretching more than 100 votes between two replacement candidates—Michael Wagner and Peter Smith.

Patch’s look at the two candidates, and the council’s failure to choose between them:

• Councilmen Point Fingers in Quest To Fill Vacancy
• Weakness in County's Charter Led to Succession Stalemate
• VIDEO: Interview with District 1 Candidate Mike Wagner
• VIDEO: Interview with District 1 Candidate Peter Smith
• District 1 Resident: 'Old Boy Network' Has To Stop
• How Would You Replace Daryl Jones?
• Judge Takes Council Vacancy Issue Under Advisement

Some of Smith's supporters have accused three Republican councilmen of playing political games with the vacant seat, just weeks away from the beginning of a crucial budget season.

It’s now been more than 50 days since District 1 has had a representative. Some residents of the area, which includes parts of Glen Burnie and Severn, have said they felt cheated by the council's failure to agree on a representative and want the succession to be decided by a judge. 

The council’s charter does not provide alternatives to break the tie. The only method of succession for filling a vacant council seat is a roll-call vote from the remaining council members within 30 days of it becoming vacant. Despite missing the deadline by weeks, there are no consequences. A council committee is reviewing this and other issues in the charter.

Jones filed a lawsuit against the County Council in Anne Arundel County Circuit Court asking a judge to overturn the council’s decision to vacate him from his seat. If Jones succeeds, it’s possible the seat could be left open for him while he serves his five-month sentence.

On Wednesday, Judge Arthur Ahalt took the decision under advisement, but gave no timeline for providing an answer.

The County Council is scheduled to meet at 7 p.m. Monday in their chambers at 44 Calvert St. in Annapolis.