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Chapter 7.70
BALLOT COUNTING PROCEDURESSections:
7.70.010 Report, oath and vacancies of counters.
7.70.020 Commencement of ballot count.
7.70.030 General procedure for ballot count.
7.70.040 Rules for counting hand-counted and computer ballots.
7.70.050 Write-in votes.
7.70.060 Disqualified candidate.
7.70.070 Tally of votes.
7.70.080 Completion of ballot count.
7.70.090 Determination of tie votes.
7.70.010 Report, oath and vacancies of counters.
Counters shall report to the election board at the polls at the time designated by the election supervisor or the chairman of the election board to assume their duties to assist the election board in counting the vote. Before undertaking the duties of office, each counter shall subscribe to an oath to honestly, faithfully, impartially, and promptly carry out the duties of his position. An election judge may administer the oath. If an appointed counter fails to appear and subscribe to the oath at the time designated by the election supervisor, the election board shall appoint any qualified voter to fill the vacancy. [Ord. 98-16 § 4.]
7.70.020 Commencement of ballot count.
A. For counting paper ballots, when the polls are closed and the last vote has been cast, the election board and clerks or counters shall immediately proceed to open the ballot box, separate the questioned ballot envelopes from other ballots and then proceed to count the votes cast. In all cases the election board shall cause the count to be continued without adjournment until the count is complete.
B. For ballots counted by computer, when the polls have closed and the last vote has been cast, the election board shall immediately proceed to open the ballot box and separate the questioned ballots from the other ballots and place all emergency ballots in an envelope provided by the clerk. Ballots with write-in votes shall be segregated, rubber-banded, and placed in the back of the special ballot container. All voted ballots are placed in the transfer case for delivery to the election supervisor. The ballot counting unit shall be delivered to the location designated by the election supervisor. [Ord. 98-16 § 4.]
7.70.030 General procedure for ballot count.
The election supervisor may issue rules prescribing the manner in which the precinct ballot count is accomplished so as to assure accuracy in the count and to expedite the process. The election board shall account for all ballots by completing a ballot statement containing (1) the number of official ballots received; (2) the number of official ballots voted; (3) the number of official ballots spoiled; (4) the number of official ballots unused and destroyed. The board shall count the number of questioned ballots and shall compare that number to the number of questioned voters in the register. Discrepancies shall be noted and the numbers included in the certificate prescribed by the election supervisor. When hand-counting ballots, the election board shall count the ballots in a manner that allows watchers to see the ballots when opened and read. No person handling a ballot after it has been taken from the ballot box may have a marking device in hand or remove a ballot from the immediate vicinity of the polls. [Ord. 98-16 § 4.]
7.70.040 Rules for counting hand-counted and computer ballots.
A. The election board shall count hand-counted and computer-counted ballots according to the following rules:
1. A voter may mark his computer-counted ballot only by filling in the oval with pencil or, if paper ballots are used, a cross mark, “X” mark, diagonal, horizontal or vertical mark, solid mark, star, circle, asterisk, check or plus sign shall be made with pencil or pen and ink. The marks will be counted only if they are clearly spaced in the space provided opposite the name of the candidate the voter desires to designate.
2. A failure to properly mark a ballot as to one (1) or more candidates 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 candidates for that office shall not be counted.
5. The mark specified in subsection (A)(1) of this section shall be counted only if it is substantially inside the space provided, or touching the space so as to indicate clearly that the voter intended the particular space marked.
6. Improper marks on the ballot shall not be counted and shall not invalidate marks for candidates properly made.
7. An erasure or correction invalidates only that section of the ballot in which it appears.
B. The rules set out in this section are mandatory and there shall be no exceptions to them. A ballot may not be counted unless marked in compliance with these rules. [Ord. 98-16 § 4.]
7.70.050 Write-in votes.
A. Write-in votes are not invalidated by writing in the name of a candidate whose name is printed on the ballot unless the election board determines, on the basis of other evidence, that the ballot was so marked for the purpose of identifying the ballot.
B. In order to vote for a write-in candidate, the voter must write in the candidate’s name in the space provided and, in addition, mark the square opposite the candidate’s name in accordance with BMC 7.70.040(A)(1). Stickers may not be used on punchcard ballots. Use of stickers on punchcard ballots can cause that portion of the ballot to be invalidated.
C. Write-in votes shall only be tabulated by person 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. [Ord. 98-16 § 4.]
7.70.060 Disqualified candidate.
Votes cast for a candidate who is disqualified shall not be counted for any purpose. [Ord. 98-16 § 4.]
7.70.070 Tally of votes.
A. Tally of Votes by Paper Ballots. The election supervisor shall issue instructions and shall provide forms and supplies for the tally of votes cast by paper ballot so as to assure accuracy and to expedite the process. The election board shall canvass and count the votes according to the rules for determining marks on ballots prescribed in BMC 7.70.040. The election board shall canvass the ballots in a manner that allows watchers to see the ballots when opened and read. No person handling a ballot after it has been taken from the ballot box and before it is placed in the envelope for delivery to the election supervisor may remove a ballot from the immediate vicinity of the polls or have a marking device in hand.
B. Tally of Computer-Counted Votes.
1. When a voter has finished marking his ballot, he shall return to the election official overseeing the ballot counting unit.
2. The voter shall insert his voted ballot into the counting unit. If the voter has over-voted a race, proposition or question, he may vote a new ballot up to a maximum of three.
3. If emergency ballots are brought to the election supervisor with the counting unit, the hand-count team will oversee the counting of the emergency ballots into the counting unit for the precinct form which the emergency ballots were voted prior to the results of that precinct being processed.
4. When the tally of all ballots has been completed, the voted ballots shall be sealed into containers to be preserved by the clerk for one (1) year. Ballot containers may only be opened by the canvass board or recount team or if the clerk is ordered to do so by the council or by the court. [Ord. 98-16 § 4.]
7.70.080 Completion of ballot count.
When the tally of hand-counted ballots is completed, and in no event later than the day after the election, the election board shall make a certificate in duplicate of the results. The certificate includes the number of votes cast for each candidate, for and against each proposition, yes or no on each question, and any additional information prescribed by the election supervisor. The election board shall, immediately upon completion of the certificate, hand-deliver to the election supervisor both copies of the certificate and register. In addition, all ballots properly cast shall be hand-delivered to the election supervisor. The package shall clearly indicate the precinct from which it came. To assure adequate protection, the election supervisor shall prescribe the manner in which the ballots, registers and all other election records and materials are thereafter preserved, transferred and destroyed. [Ord. 98-16 § 4.]
7.70.090 Determination of tie votes.
A. If two (2) or more candidates tie in having the highest number of votes for the same office for which there is to be elected only one (1) candidate, the clerk shall so notify the candidates who are tied. The clerk shall immediately proceed with the recount of votes in the manner provided by this title.
B. If there is still a failure to elect because of a tie vote after completion of the recount, the election shall be determined fairly, by lot, from among the candidates tying, in a meeting of the council and under its direction. After the determination has been made by lot, the council shall certify the result. [Ord. 98-16 § 4.]
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