Chapter 3.40


3.40.010    Qualifications for filing application for recount.

3.40.020    Application requirements.

3.40.030    Appointment of recount board.

3.40.040    Certification of recount.

3.40.050    Expenses of recount.

3.40.060    Appeal to Superior Court.

3.40.010 Qualifications for filing application for recount.

A defeated candidate, or ten qualified voters who believe there has been a mistake made by an election official or by the canvassing board in counting the votes in an election, may file an application requesting a recount with the Clerk no later than 5:00 p.m. on the Monday following the election or twenty-four hours after completion of the canvass, whichever is later. (Ord. 05-09 § 2, 2005)

3.40.020 Application requirements.

The application shall specify in substance the basis of the belief that a mistake has been made, the particular election precinct for which the recount is to be held, the particular office, proposition or question for which the recount is to be held, and that the person making the application is a candidate or that the ten persons making the application are qualified voters. The application for a recount shall bear the notarized signature of the candidate or the ten qualified voters seeking the recount. (Ord. 05-09 § 2, 2005)

3.40.030 Appointment of recount board.

Upon receiving the application in substantially required form, the governing body shall appoint a recount board of three or more qualified voters to, as soon as possible, conduct the recount of ballots of the precinct cited in the application for recount. The rule governing the counting of marked ballots by the election board shall be followed. Those requesting the recount, those whose election is recounted, and the public shall be allowed to attend the recount proceeding. (Ord. 05-09 § 2, 2005)

3.40.040 Certification of recount.

Upon completion of the recount, the recount board shall certify the results of the recount to the governing body. The governing body shall declare the final election results and authorize the Clerk to deliver to each person elected to office a “Certificate of Election” signed by the Clerk and authenticated by the seal of the City. (Ord. 05-09 § 2, 2005)

3.40.050 Expenses of recount.

The applicant or applicants for the recount shall include a deposit in cash or certified check for $100 (one hundred dollars). The deposit shall be applied against any costs incurred. The applicant(s) shall pay all costs and expenses incurred in a recount of an election demanded by the applicant or applicants if the recount fails to reverse any result of the election or the difference between the winning and losing vote on the result requested for recount is more than two percent. (Ord. 05-09 § 2, 2005)

3.40.060 Appeal to Superior Court.

A candidate or any person who requested a recount who has 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 days after the governing body has declared the election results. If no such action is commenced within the ten-day period, the election and the election results shall be conclusive, final and valid in all respects. (Ord. 05-09 § 2, 2005)