Chapter 4.28
BALLOT COUNTING
Sections:
4.28.010 Counting ballots, general.
4.28.020 Write-in votes.
4.28.030 Other election boards and teams.
4.28.040 Counting—Use of computers.
4.28.050 Ballot counting—Tests and security.
4.28.060 Preserving and destroying ballots.
4.28.070 Certificate of election.
4.28.080 Counting absentee ballots.
4.28.081 Counting early ballots.
4.28.090 Counting questioned ballots—Uncounted ballots.
4.28.100 Counting and canvass of returns—Certificate of election.
4.28.110 Determination of tie votes.
4.28.010 Counting ballots, general.
A. The ballots shall be counted by the vote tabulation system selected by the clerk.
B. At no time during the tallying of votes may anyone but the election officials handle the ballots. The ballots shall not be marked in any way by anyone during the tallying.
C. The following rules apply to hand-counted ballots:
1. A voter may mark a ballot only by the use of cross marks, “X” marks, diagonal, horizontal, or vertical marks, solid marks, stars, circles, asterisks, checks, or plus signs that are clearly spaced in the oval opposite the name of the candidate or proposition the voter desires to designate.
2. Failure to properly mark a ballot as to one or more candidates or propositions does not itself invalidate the entire ballot.
3. If a voter marks fewer names than there are persons to be elected to the office, a vote shall be counted for each candidate properly marked.
4. If a voter marks more names than there are persons to be elected to the office, the votes for that office shall not be counted.
5. An erasure or correction invalidates only that section of the ballot in which it appears, unless the intent of the voter is clear. (Ord. 04-24(SUB) § 10, 2004; prior code § 18.35.015)
4.28.020 Write-in votes.
A. To vote for a write-in candidate, the voter must write the candidate’s name, in the form that the candidate’s letter of intent specified for use on the ballot, in the space provided and, in addition, mark the oval opposite the candidate’s name. Stickers may not be used on ballots. A write-in vote using a form or spelling of a candidate’s name different than the candidate’s letter of intent specified for use on the ballot shall not be counted as a vote for that candidate, but shall be counted as a vote for another person having the name that was written by the voter.
B. Write-in votes shall be tallied only if the total number of write-in votes for an office exceeds the smallest number of votes cast for a candidate for that office whose name is printed on the ballot. No votes for a write-in candidate may be counted unless that candidate has filed a letter of intent with the clerk in accordance with Section 4.12.045. (Ord. 03-15 § 8, 2003: prior code § 18.35.020)
4.28.030 Other election boards and teams.
A. Counting Team. The clerk may appoint counting teams as necessary or use the same counting teams designated by the borough clerk. Each counting team shall consist of at least four members and shall count ballots as needed.
B. Review Board. When using computers to count the ballots the clerk shall appoint a review board or use the same review board designated by the borough clerk. The review board shall consist of at least three members. The review board shall ensure that all ballots are programmed and counted accurately.
C. Canvass Board. The clerk shall appoint a canvass board consisting of a minimum of three election officials. The canvass board may tally all ballots and shall perform the duties as stated in Section 4.28.100.
D. Oath. The clerk shall administer an oath to all election officials serving on boards or teams for the election. The borough clerk is authorized to administer the oath to all boards and teams shared by the city and borough, on behalf of the city.
E. Failure to Serve. A vacancy on a board or team shall be filled by the clerk or borough clerk. (Ord. 04-24(SUB) § 11, 2004: prior code § 18.35.030)
4.28.040 Counting—Use of computers.
The clerk shall designate the computers to be used in the counting of the ballots or use the same computers designated by the borough clerk. The clerk may negotiate and contract with the state or a private computer service for the needed computer services or use the same contract as designated by the borough clerk. (Prior code § 18.35.040)
4.28.050 Ballot counting—Tests and security.
No later than one week before the election, the vote tabulation system shall be tested in the presence of, and to the satisfaction of, the review board. Upon completion of the testing, a security seal shall be placed on the tabulation system for delivery to the precincts. (Prior code § 18.35.050)
4.28.060 Preserving and destroying ballots.
The clerk shall preserve all official ballots in a secure manner, unopened and unaltered, for not less than thirty (30) calendar days from the date of the election certification or in cases where the election is contested, until thirty (30) calendar days after the final resolution of the contest. The clerk may permit the inspection of the ballots upon order of a court of competent jurisdiction. Upon the expiration of the preservation period, the clerk shall completely destroy the ballots upon direction of the council, and make and keep a written certificate that the ballots have been destroyed. (Ord. 04-24(SUB) § 12, 2004: Ord. 02-22 § 16, 2002: Ord. 01-16(SUB) § 13, 2001: prior code § 18.35.070)
4.28.070 Certificate of election.
Upon closing the polls, the election officials shall print result tapes, sign the tapes, and return the tapes and memory card to the clerk as set out in the election procedures. The result tapes serve as the precinct certificate of election. If the precinct is a hand-counted precinct, when all votes have been counted, the election officials shall prepare a precinct certificate of election, stating the number of votes each candidate received for each office. Each election official shall sign the certificate. The certificate and counting material shall be delivered to the clerk. (Prior code § 18.35.080)
4.28.080 Counting absentee ballots.
A. To be counted in the election, an absentee ballot shall be postmarked on or before election day and be received by the clerk no later than the third calendar day following the election. If no readable postmark appears on the absentee ballot envelope, the enclosed absentee ballot shall be counted only if the voter’s signature is dated on or before election day. The clerk shall give the canvass board a list of voters who have been issued absentee ballots. Absentee ballot envelopes received after the third calendar day following the election shall not be opened, but shall be marked no count with the date of receipt noted on the ballot envelope. The envelopes shall be retained with the other election records and destroyed as set out in Section 4.28.060.
B. Absentee ballot envelopes shall be examined by the canvass board who shall determine whether the absentee voter is qualified to vote at the election and whether the ballot has been properly cast. An absentee ballot shall not be counted if the voter’s certification on the return envelope is not signed and attested as required by law. If the voter is qualified and the ballot has been properly cast, the return envelope shall be opened and the ballot envelope shall be mixed with the other ballot envelopes. The ballots shall be counted according to the rules for determining properly marked ballots.
C. If the voter is not qualified or the ballot has not been properly cast, the clerk shall notify the absentee voter, in writing, of the reason the ballot was not counted. The rejected ballot shall be placed in a container which shall be labeled “rejected ballots” and shall be preserved with other voted ballots. (Ord. 04-24(SUB) § 13, 2004; Ord. 02-22 § 17, 2002; prior code § 18.35.090)
4.28.081 Counting early ballots.
A. The early ballots shall be delivered to the city or borough canvass board for counting as determined by the clerk.
B. If an early ballot is found to be sufficient after research by a canvass board, the canvass board by majority vote may accept the ballot for counting. An early ballot shall be counted despite failure of the early voting official to properly sign and date the voter’s certificate as attesting official. If the ballot is accepted, the early ballot envelope shall be opened and the secrecy envelope shall be mixed with other secrecy envelopes for counting. The ballots shall be removed from the secrecy envelopes and shall be counted using a counting method determined by the clerk.
C. At least two members of the city or borough canvass board and one member of the city or borough review board shall print results tapes, sign the tapes, and return the tapes and memory card to the city or borough clerk as determined by the clerk. The result tapes shall serve as the early voting certificate of election. (Ord. 06-21 § 3, 2006: Ord. 01-16(SUB) § 14, 2001)
4.28.090 Counting questioned ballots—Uncounted ballots.
A. Questioned ballots shall be delivered to the city or borough canvass board for counting as determined by the clerk.
B. After research, a canvass board by majority vote may refuse to accept the question and count the ballot of a person who properly cast a questioned ballot. A questioned ballot shall be counted despite failure of the questioned voting official to properly sign and date the voter’s certificate as attesting official. If the question is refused and the ballot is accepted, the large envelope shall be opened and the ballot envelope shall be mixed with other ballot envelopes for counting. The ballots shall be removed from the ballot envelopes and shall be counted using a counting method determined by the clerk.
C. If the question is accepted and the ballot is refused, the clerk shall notify the questioned voter, in writing, of the reason the ballot was not counted. The rejected ballots shall be placed in a container which shall be labeled “rejected ballots” and shall be preserved as set out in Section 4.28.060.
D. At least two members of the city or borough canvass board and one member of the city or borough review board shall print results tapes, sign the tapes, and return the tapes and memory card to the city or borough clerk as determined by the clerk. The result tapes shall serve as the questioned voting certificate of election. (Ord. 06-21 § 4, 2006: prior code § 18.35.100)
4.28.100 Counting and canvass of returns—Certificate of election.
A. Not later than the Monday following each election, the canvass board shall meet and shall:
1. In full view of those present, judge the validity of absentee, early and questioned ballots, open and tally accepted ballots, and compile the total votes cast in the election;
2. Review the precinct certificates or tapes of results for accuracy;
3. Correct all obvious errors;
4. Recommend a recount of the results of the precinct for that portion of the returns where a mistake has been made which cannot be corrected under subsection (A)(3) of this section;
5. Report any irregularities in the election or discrepancies in the count of the ballots in its report to the council; and
6. Certify the validity of all votes cast and sign a certification of the results of the count.
B. After receiving the canvass board report and as soon as practicable after the counting of the ballots, but not later than the second Monday after the election, the council shall meet in public session and examine all election returns. The examination may be postponed for cause from day to day, but there shall be no more than three postponements.
C. If the canvass board reports irregularities in the election, the council shall determine whether the irregularities are so serious as to deny a meaningful vote of the citizens of the city. If the canvass board reports a discrepancy in the count of the ballots, the council may order a recount of the votes in the affected precincts. The council may order an investigation of any irregularities or discrepancies. The council may exclude votes cast or declare the entire election invalid if necessary to assure a fair election. If the council concludes that the election is not valid, it shall order another election. The election shall be conducted promptly as a special election and according to procedures established by the council.
D. Unless the council orders an investigation or unless a contest has been previously filed pursuant to Section 4.32.020, the council shall declare the election valid and certify the election results. The council shall certify results not in question immediately and shall complete investigation or contest procedures as soon as practicable to assure prompt certification.
E. To certify the election results the council shall enter the determination in the minutes along with the following information:
1. The total number of poll, absentee, early, questioned, and special needs ballots cast in the election;
2. The offices, names and number of votes counted for each candidate at the election;
3. The propositions voted upon at the election; and
4. The number of votes counted for each proposition voted upon.
F. Upon certification of the election by the council, the clerk shall deliver to each person elected to office a copy of the council’s certificate of election. (Ord. 04-24(SUB) § 14, 2004; Ord. 02-22 § 18, 2002; Ord. 01-16(SUB) § 15, 2001; prior code § 18.35.110)
4.28.110 Determination of tie votes.
A. If two or more candidates tie in having the highest number of votes for the same office for which there is to be elected only one candidate, the clerk shall notify the candidates who are tied. The clerk shall immediately proceed with the recount of votes in the manner provided by Chapter 4.32.
B. If after a recount and appeal two or more candidates tie in having the highest number of votes for the same office, the clerk shall notify the candidates who are tied. The clerk shall notify the candidates of a reasonably suitable time and place to determine the successful candidate by coin toss if two are tied, and by lot if more than two are tied. After coin toss or lot has made the determination, the clerk shall certify the election winner. (Prior code § 18.35.120)