Chapter 18.45
ELECTION RECOUNT

Sections:

18.45.010    Recount application.

18.45.020    Form of application.

18.45.030    Date of recount – Notice.

18.45.040    Procedure for recount.

18.45.050    Certification of recount result.

18.45.060    Return of deposit and apportionment of expenses upon recount.

18.45.070    Appeal.

18.45.010 Recount application.

A. A defeated candidate or 10 qualified city voters may file an application with the clerk for a recount of the votes from any particular precinct, or for any particular office, proposition or question by filing the application with the clerk at any time before 5:00 p.m. on the day of the certification of the election results or by delivering the application for recount to the council at its meeting to certify the election returns.

B. The date the clerk receives an application rather than the date of mailing or transmission determines whether the application is filed within the time allowed under this section.

C. If two or more candidates tie in having the highest number of votes for the same office, to which only one candidate is to be elected, the clerk shall initiate a recount. (Ord. 14-009 § 3, 2014; Ord. 620 § 12, 2004; Ord. 515 § 3, 1997)

18.45.020 Form of application.

A. A recount application shall:

1. State in substance the basis of the belief that a mistake has been made;

2. Identify the particular precinct, office, proposition, or question for which the recount is to be held;

3. State the person making the application is a candidate or that the 10 persons making the application are qualified city voters;

4. List the full name and contact information of the candidate or each of the 10 qualified city voters;

5. List the contact information for the two qualified voters who shall represent the candidate, proposition or question during the recount.

B. The application shall include a deposit in cash, by certified check or by bond with a surety approved by the clerk.

1. The deposit amount, established in the current, adopted budget, shall be paid for each precinct.

2. If less than all precincts are requested for recount, early voter, absentee by mail, and questioned ballots shall be considered one combined precinct for the purposes of the recount.

3. If all precincts are included in the request, there shall be no additional charge for the recount of early voter, absentee by mail, and questioned ballots. (Ord. 18-003 § 10, 2018; Ord. 14-009 § 3, 2014; Ord. 07-029 § 35, 2007; Ord. 620 § 12, 2004; Ord. 515 § 3, 1997)

18.45.030 Date of recount – Notice.

A. Date of Recount. If the clerk determines the application is substantially in the required form, the clerk shall fix the date of the recount to be held within seven calendar days after the application is received.

B. Notice to Applicants. The clerk shall provide notice to the representatives listed on the application and to any other directly affected candidates, or if the recount involves a proposition or question, to any directly affected parties.

1. The notice shall be given by mail, electronic means, and by telephone.

2. The notice shall state the time, date and place of the recount.

C. Public Notice. The clerk shall post notice on the city’s website of the time, date and place of the recount. (Ord. 14-009 § 3, 2014; Ord. 620 § 12, 2004; Ord. 546 § 46, 1999; Ord. 515 § 3, 1997)

18.45.040 Procedure for recount.

A. The clerk shall have the canvass board perform the recount using the ballot tabulation system designated by the clerk.

B. The canvass board shall:

1. Review all ballots to determine which ballots, or parts of ballots, were properly marked and which ballots are to be counted in the recount;

2. Check the accuracy of the original count and all documentation provided by the clerk and election officials;

3. Check the number of ballots issued and cast to the amount distributed:

a. At each precinct;

b. At each early voting location;

c. By absentee by mail.

C. The ballots and other election materials shall remain in the custody of the clerk during the recount and the highest degree of care shall be exercised to protect the ballots against alteration or mutilation.

D. The recount shall be completed within 10 calendar days of the date the application is received.

E. The clerk may employ additional personnel necessary to assist in the recount. (Ord. 18-003 § 11, 2018; Ord. 14-009 § 3, 2014; Ord. 620 § 12, 2004; Ord. 571 § 16, 2001; Ord. 546 § 47, 1999; Ord. 534 § 15, 1998; Ord. 515 § 3, 1997)

18.45.050 Certification of recount result.

A. Upon completion of the recount, the canvass board shall provide a report of the results of the recount for submission to the council.

B. The council shall issue a certificate of election as set forth in PMC 18.35.070. (Ord. 14-009 § 3, 2014; Ord. 620 § 12, 2004; Ord. 546 § 48, 1999; Ord. 515 § 3, 1997)

18.45.060 Return of deposit and apportionment of expenses upon recount.

A. The deposit shall be refunded to the applicant or applicants if upon recount:

1. A different candidate or position on a proposition or question is indicated; or

2. The vote is two percent or more in excess of the vote originally cast for the candidate or position on a proposition or question.

B. If the requirements of subsection (A) of this section are not met, the clerk shall refund any money remaining after the cost of the recount has been paid from the deposit.

C. If the deposit posted is insufficient to cover the costs of the recount, the city may recover the excess costs from the candidate. If the recount is obtained by the 10 designated city voters, each of them shall be individually liable for the whole amount of the expenses. (Ord. 14-009 § 3, 2014; Ord. 620 § 12, 2004; Ord. 515 § 3, 1997)

18.45.070 Appeal.

A. An applicant, as defined in PMC 18.45.010(A), who is aggrieved by the result of a recount or decision not to grant a recount may appeal the recount to the superior court.

B. The appeal shall be filed within 10 calendar days of council action certifying the election.

C. Upon order of the court, the clerk shall furnish the record of the recount, including all ballots, registers, and other election material and papers pertaining to the recount.

D. The inquiry and the appeal shall extend to the questions whether or not the clerk has properly determined what ballots, parts of ballots, or marks for candidates on ballots, are valid, and to which candidate or division on the proposition or question the vote should be attributed.

E. If an action under this section is not commenced within the 10-day period, the election and the election result shall be conclusive, final and valid in all respects. (Ord. 14-009 § 3, 2014; Ord. 620 § 12, 2004; Ord. 515 § 3, 1997)