Agenda - Council - 11/05/1980 - Special

Home

13. 14. The judges must complete the summary statements provided by the county auditor or the clerk. The judges must then deliver the following materials within 24 hours after the closing of the polls: a. One or more judges must deliver two sets of summary statements; all unused, ! spoiled and counted white, pink and canary ballots; and one election regis- ter where there is no permanent regis- i tration to the county auditor. b. One or more judges must deliver one s~t '. of summary statements, ballots, one election register where there is no per- manent registration, and all other materials to the clerk. If the judges fail to make and deliver the returns, the clerk must dispatch a special messenger for them. All returns which are sealed must be accepted by the clerk even if they are not delivered to him in the manner prescribed by law. The clerk may, however, reject returns which have not been properly sealed. Defective Ballots61 a Generally speaking, if the voter does not mark his ballot in accordance with authorized procedure but if his intentions are sufficiently clear from the way in which it has been marked, the vote should be counted. If, however, the intention of the voter is not clear; or more than the allowable number of votes are cast for the same office; or a name is written on a primary ballot; or any ballot is so marked that it is evident that the voter intended to identify his ballot, then the ballot should be set aside as being defective. If the ballot is defective only for some offices, but not for others, it should be termed defective only for those offices in which i~ is incorrect, and votes for other offices or propo- sitions should be counted. A note should be made on each such ballot stating the offices or proposi- tions on which it has been ruled defective. ,.r' Canvassing Board: City Election62 Within two days after the regular city election, the council must meet as a canvassing board and declare the results of the election as they appear upon the face of the election returns made by the judges. The council has no authority to recount or inspect the ballots, either while sitting as a canvas- sing board or otherwise. If there is an obvious mis- take on the face of the returns, the council may send the record back to the judges for correction, but neither the council nor the judges have autho- rity to recount or recheck the ballots. Once the re- sults of the election have been announced and the candidates notified of their election, the results can be challenged only by an election contest in- stituted in the district court of the county in which the city is located. The city council must inspect voting machine counters and compare them with election retu, r~s as a part of the council's canvassing duties.°za A plurality of votes is sufficient to elect. This means that the candidate receiving the highest num- ber of votes, whether or not that number equals la majority, should be declared, elected. If the elec- tion results in a tie, then the winner should be de- termined by lot in the presence of the council act- ing as the canvassing board. At least seven days after the council completes the canvass of the vote and announces the results, the clerk must issue a certificate of election to each successful candidate. If an election is contested, however, the clerk should not issue a certificate of election for the office involved until after the win- ner has been determined by the courts. Further- more, he may not destroy the ballots or other mat- erials used in the election until a final determina- tion is made by the courts. After sending certificates of election to the suc- cessful candidates, the clerk must also certify the results to the county auditor. Contested Elections63 Any person who was eligible to participate in the voting may contest the election or nomination of any person or the results of the voting on any proposition by filing a petition in district court within seven days after the canvass has beem com- pleted. Since the grounds and proceedings in election contests are highly technical, it is suggested that any one contemplating such a move seek the assistance of an attorney. A 1979 law permits a losing candidate in a city election to request a recount conducted by the city if the vote cast for that candidate and the winning candidate is close. The actual differences in the vote necess~D/ to allow a recount are spelled out in the statute.°~a 1979