Chapter 3.37 CONTEST OF ELECTION

Chapter 3.37
CONTEST OF ELECTION

Sections:

3.37.020 Notice of contest and procedure and liability for expense.

3.37.010 Grounds for election contest.

A candidate, or 10 qualified City voters, may apply to contest results of an election upon one or more of the following grounds:

A. Malconduct, fraud or corruption on the part of an election official sufficient to change the result of the election;

B. The person elected is not qualified by law; or

C. Existence of a corrupt election practice as defined by the laws of the state sufficient to change the result of the election. (Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 11, 2016. Formerly 3.36.010)

3.37.020 Notice of contest and procedure and liability for expense.

A. The candidate or voters who seek to contest an election shall submit a written notice of contest to the Clerk before noon prior to certification of the election, which shall conform to the requirements of subsection (B) of this section and shall include a deposit in the amount of $250.00 to be paid by cash, certified check, or credit card.

B. The notice of contest shall be filed in person and shall contain:

1. A statement identifying the election being contested;

2. A summary of the grounds for the contest;

3. The legal name, residence address, contact information, and notarized signature of each candidate or City voter bringing the contest; and

4. The contact information for a representative designated by the applicants to receive communications from the City regarding the contest.

C. Upon receipt of a valid notice of contest, the Clerk shall submit the contest to the Council. The Clerk and City Attorney shall investigate the grounds of the contest and submit a report of findings to the Council. The Clerk may request that the Canvass Board or additional personnel assist with the investigation as necessary. The Council shall defer the certification of the contested election results pending receipt of the report, but shall proceed with certification of all election results that are not contested.

D. If the Council determines that the grounds of the contest are valid and, if true, would change the results of the election, the Council shall proceed in a manner that is consistent with its determination. If the Council finds that the grounds for contest are not sufficient to change the election results, it shall declare the election valid and certify the contested election results.

E. Should the contestant prevail with the election contest, the $250.00 deposit shall be refunded.

F. Should the contestant fail with the election contest:

1. The Clerk shall refund to the candidate or voters any excess of the deposit over the cost of the investigation;

2. If the cost of the investigation exceeds the amount of the deposit, the City may recover the excess from the candidate or voters each of whom shall be individually liable for the amount of the excess, including the cost of a recount, if necessary, and the compensation that the City pays to election officials and City staff to resolve the contest. (Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 11, 2016. Formerly 3.36.020)

3.37.030 Appeal or judicial review.

No person qualified to file an election contest pursuant to this chapter may appeal or seek judicial review of an election for any cause unless: the person is qualified to vote in the City; has exhausted the administrative remedies before the City Council; and has commenced, within 10 calendar days after the City Council has finally certified the election results, an action in the superior court, third judicial district. If court action under this section is not commenced within the 10-day period, the election and the election result shall be conclusive, final, and valid in all respects. (Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 11, 2016. Formerly 3.36.030)