Chapter 7.100
ELECTION RECOUNT

Sections:

7.100.010 Recount application.

7.100.020 Form of application.

7.100.030 Date of recount – Notice.

7.100.040 Procedure for recount.

7.100.050 Certification of recount result.

7.100.060 Return of deposit and apportionment of expenses upon recount.

7.100.010 Recount application.

A. A defeated candidate, or ten (10) qualified voters who believe there has been a mistake made by an election official or by the canvass board in counting the votes in an election, may file an application with the clerk requesting a recount no later than 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. The date on which 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 subsection.

B. If two (2) or more candidates tie in having the highest number of votes for the same office, to which only one (1) candidate is to be elected, the clerk shall initiate a recount. [Ord. 98-16 § 4.]

7.100.020 Form of application.

A. A recount application shall state in substance the basis of the belief that a mistake has been made and shall identify the particular precinct, office, proposition or question for which the recount is to be held and shall state that the person making the application is a candidate or that the ten (10) persons making the application are qualified voters. The candidate or person making the application shall designate by full name and mailing address two (2) persons who shall represent the applicant during the recount. Any person may be named representative, including the candidate or any person signing the application. Applications by ten (10) qualified voters shall also include the designation of one (1) of the number as chairman. The candidate or persons making the application shall sign and the application and shall print or type their full name and mailing address.

B. The application shall include a deposit in cash or by certified check for one hundred dollars ($100). The deposit shall be applied against any costs incurred or refunded if there is not liability for recount costs. [Ord. 98-16 § 4.]

7.100.030 Date of recount – Notice.

A. If the clerk determines that the application is substantially in the required form, the clerk shall fix the date of the recount to be held within ten (10) days after the receipt of an application requesting a recount of the votes in a city election after it has been initiated under BMC 7.100.010.

B. The clerk shall give the recount applicant and other directly interested parties notice of the time and place of the recount by certified mail, by telegram, by telephone or by electronic transmission. [Ord. 98-16 § 4.]

7.100.040 Procedure for recount.

A. If a recount of ballots is demanded, the clerk shall appoint a recount board of four (4) or more qualified voters to conduct the recount of ballots or those precincts cited in the application for recount.

B. In conducting the recount, the recount board shall review all ballots to determine which ballots, or parts of ballots, were properly marked and which ballots are to be counted in the recount, and shall check the accuracy of the original count, the precinct certificate, and the review. For administration, the clerk may join and include two (2) or more applications in a single review and count of votes. The rules governing the counting of marked ballots shall be followed in the recount.

C. The ballots and other election material 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. The recount shall be completed within ten (10) days. [Ord. 98-16 § 4.]

7.100.050 Certification of recount result.

Upon completion of the recount, the recount board shall meet and adopt a report of the results of the recount for submission to the council. The council shall abide by procedures for issuing a certificate of the election as set forth in this title. [Ord. 98-16 § 4.]

7.100.060 Return of deposit and apportionment of expenses upon recount.

If, upon recount, a different candidate or position on a proposition or question is certified or if the vote on recount is two (2) percent or more in excess of the vote originally certified for the candidate or position on a proposition or question supported by the recount application, the entire deposit shall be refunded to the recount application. If this section does not require that the entire deposit be refunded, the clerk shall refund any money remaining after the cost of the recount has been paid from the deposit. If it is determined that the contestant shall bear the costs of the recount pursuant to this section and the deposit is insufficient to cover the costs, the city may recover the excess costs from the contestant. If the recount is obtained by voters, each of them shall be individually liable for the whole amount of such expense. [Ord. 98-16 § 4.]