CHAPTER 25.45: ELECTION RECOUNT
Section
25.45.030 Date of recount; notice
25.45.040 Procedure for recount
25.45.050 Certification of recount result
25.45.060 Return of deposit and apportionment of expenses upon recount
25.45.010 RECOUNT APPLICATION.
(A) A defeated candidate or ten qualified voters may file an application with the clerk for a recount of the votes from any particular precinct, or for any particular office, proposition or question by filing the application with the clerk before 3 p.m. on the day of the certification of the election results. 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 or more candidates tie in having the highest number of votes for the same office, to which only one candidate is to be elected, the clerk shall initiate a recount.
(Ord. 16-064, § 24 (part), 2016; Ord. 94-040AM1, § 3 (part), 1994)
25.45.020 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 to be held, and shall state that the person making the application is a candidate or that the 10 persons making the application are qualified voters. The candidate or persons making the application shall designate by full name and mailing address two 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 10 qualified voters shall also include the designation of one of the number as contact person. The candidate or person making the application shall sign the application and shall print or type the candidate’s full name and mailing address.
(B) The application shall include a deposit in cash or certified check. The amount of the deposit shall be $150 for each precinct. If less than all precincts are requested for recount, absentee and questioned ballots shall be considered one combined precinct for the purposes of the recount. If all precincts are included in the request, there shall be no charge for the recount of absentee and questioned ballots.
(Ord. 16-064, § 24 (part), 2016; Ord. 04-075, § 6, 2004; Ord. 94-040AM1, § 3 (part), 1994)
25.45.030 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 seven calendar days after the receipt of an application requesting a recount of the votes in a borough election.
(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 telegraph, facsimile, or by telephone.
(Ord. 99-081, § 42, 1999; Ord. 95-020, § 29, 1995; Ord. 94-040AM1, § 3 (part), 1994)
25.45.040 PROCEDURE FOR RECOUNT.
(A) If a recount of ballots is demanded, the clerk may appoint a canvass board.
(B) In conducting the recount, the canvass board shall review all ballots to determine which ballots, or parts of ballots, were properly marked, which ballots are to be counted in the recount, and shall check the accuracy of the original count and all documentation provided by the election officials. The canvass board shall check the number of ballots and questioned ballots cast in a precinct against the registers and shall check early and absentee ballots voted against early and absentee ballots distributed. The rules in MSB 25.35 governing the counting of ballots shall be followed in the recount, except for:
(1) If there are write-in votes for a candidate whose name appears on the ballot or for an official write-in candidate, these write-in votes shall be tabulated.
(C) The ballots and other election materials 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 10 calendar days. The clerk may employ additional personnel necessary to assist in the recount.
(Ord. 21-066, § 2, 2021; Ord. 01-019, § 16, 2001; Ord. 99-081, § 43, 1999; Ord. 95-020, §§ 30 and 31, 1995; Ord. 94-040AM1, § 3 (part), 1994)
25.45.050 CERTIFICATION OF RECOUNT RESULT.
Upon completing the recount, the canvass board shall provide a report of the results of the recount for submission to the assembly. The assembly shall issue a certificate of election.
(Ord. 99-081, § 44, 1999; Ord. 94-040AM1, § 3 (part), 1994)
25.45.060 RETURN OF DEPOSIT AND APPORTIONMENT OF EXPENSES UPON RECOUNT.
(A) If, upon recount, a different candidate or position on a proposition or question is certified, or if the vote on recount is two percent or more in excess of the vote originally certified for the candidate or position on a proposition or question supported by the recount applicant, the entire deposit shall be refunded to the recount applicant.
(B) If none of the requirements of subsection (A) are met, the clerk shall refund any money remaining after the cost of the recount has been paid from the deposit. If the bond posted is insufficient to cover the costs, the borough 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 the expenses.
(Ord. 94-040AM1, § 3 (part), 1994)
25.45.070 APPEAL.
A person qualified to request a recount who is aggrieved by the result of a recount or decision not to grant a recount may appeal the recount to the superior court. The appeal shall be filed within 10 calendar days of the assembly action certifying the election. Upon order of the court, the clerk shall furnish the record of the recount, including all ballots, registers, and other election material and papers pertaining to the recount. The appeal shall be heard by the court sitting without a jury. The issues on appeal shall include whether the clerk has properly determined what ballots, parts of ballots, or marks for candidates on ballots, are valid, and to which candidate or division on the question or proposition the vote should be attributed. If an 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. 95-020, § 32, 1995; Ord. 94-040AM1, § 3 (part), 1994)