Chapter 5.45
ELECTION RECOUNT

Sections:

5.45.010    Recount application.

5.45.020    Form of application.

5.45.030    Date of recount – Notice.

5.45.040    Procedure for recount.

5.45.050    Certification of recount result.

5.45.060    Return of deposit and apportionment of expenses upon recount.

5.45.070    Appeal or judicial review.

5.45.010 Recount application.

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 for a recount with the borough clerk no later than 5:00 p.m. on the day scheduled for the certification of the election results or by delivering the application for recount to the assembly at its meeting held to certify the election returns. The date on which the borough clerk receives an application rather than the date of meeting or transmission determines whether the application was filed within the time allowed under this section. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.90.010.]

5.45.020 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 requested 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 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 ($100.00). The deposit shall be applied against any costs incurred or refunded if there is no liability for recount costs. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.90.020.]

5.45.030 Date of recount – Notice.

(a)    If the borough clerk determines that the application is substantially in the required form, the borough clerk shall fix the date of the recount to be held within three (3) days after the receipt of an application requesting a recount of the votes in a borough election after it has been initiated under KGBC 5.45.010.

(b)    The borough 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. No. 1357, §2, 7-5-05. Code 1974 §25.90.030.]

5.45.040 Procedure for recount.

(a)    If a recount of ballots is demanded, the borough clerk shall appoint a recount board of four (4) or more qualified voters to conduct the recount of ballots for 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 administrative convenience, the borough 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 materials shall remain in the custody of the borough 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. No. 1357, §2, 7-5-05. Code 1974 §25.90.040.]

5.45.050 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 assembly. The assembly shall abide by procedures for issuing a certificate of the election as set forth in this title. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.90.050.]

5.45.060 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 borough 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 borough may recover the excess costs from the contestant. If the recount is obtained by petition of ten (10) or more voters, each of them shall be individually liable for the whole amount of such expense. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.90.060.]

5.45.070 Appeal or judicial review.

A candidate or any ten (10) qualified voters who requested a recount who have reason to believe an error has been made in the recount involving any question, proposition, candidate or validity of any ballot may appeal to the superior court within ten (10) days after the assembly has concluded that said election was validly held and the results entered upon the minutes. If no such action is commenced within the ten (10) day period, the election and the election result shall be conclusive, final, and valid in all respects. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.90.070.]