Chapter 4.20
CANVASSING ELECTION RETURNS
Sections:
4.20.010 Canvass committee – Meeting – Postponing canvass.
4.20.020 Canvass committee – Report – Contents.
4.20.030 Canvass to be made public.
4.20.040 Challenged ballots – Investigation.
4.20.050 Challenged ballots – Subpoenas.
4.20.060 Results of election – Public declaration.
4.20.070 Certificate of election.
4.20.010 Canvass committee – Meeting – Postponing canvass.
The canvass committee will meet on the first Friday after the election for which they are appointed and canvass all absentee and challenged ballots executed in the election. The canvass may be postponed from day to day for cause but not exceeding three days in total. (Code 1986 § 4.28.010)
4.20.020 Canvass committee – Report – Contents.
The canvass committee will submit a report of its findings to the assembly prior to noon the Monday following the election. The report will show:
A. The number of ballots cast in the election;
B. The names of the persons voted for and the proposition voted upon;
C. The offices voted for;
D. The number of votes cast for each candidate and the number of votes cast for or against each proposition voted on at the election;
E. A proposed disposition of all challenge, absentee, write-in and voided ballots; and
F. Other matters which the canvass committee may determine to be necessary. (Code 1986 § 4.28.050)
4.20.030 Canvass to be made public.
A. The canvass of all ballots will be made in public by opening the returns, and announcing the results thereof in front of whomever may be present.
B. Absentee ballots shall be counted by the borough clerk and two or more assistants appointed by the clerk in the following manner: all ballot envelopes shall be removed from return envelopes, and placed in a ballot box; the return envelopes shall be delivered to the borough clerk; the absentee ballots then shall one by one be removed from the ballot box, taken out of the ballot envelopes and counted in the same manner in which ballots cast at the polls are counted by an election board. The counting of absentee ballots may be done in an alternate manner in accordance with the procedures necessary for alternative ballot counting technologies adopted by the borough.
C. The canvass shall include a review and comparison of the tallies of paper ballots with the precinct election certificates to correct any mathematical error in the count of paper ballots.
D. If the borough clerk finds an unexplained error in the tally of paper ballots in any precinct election tally, he may count the ballots from the precinct. The borough clerk shall certify in writing to the state canvass board any changes resulting from the count. (Ord. 99-05 § 1, 1999; Code 1986 § 4.28.020)
4.20.040 Challenged ballots – Investigation.
A. The canvass committee may request the assistance of the borough clerk, borough attorney or the mayor to investigate the challenges made. Any borough elector may appear to give testimony concerning the challenged ballots. The canvass committee will deliver the challenged ballots to the assembly and submit a report of their findings. The assembly may, by a majority vote of those present, affirm or deny a challenge. If a challenge is upheld, the ballot challenged will not be opened and counted, but will be strung and preserved as other ballots. If a challenge is denied, the ballot will be counted with the absentee ballots. The borough clerk will notify a voter whose ballot is not counted that the challenge was upheld.
B. If the assembly is itself the canvass committee, it may still act separately as such a committee, and then review its own findings in the manner outlined in subsection (A) of this section. (Code 1986 § 4.28.030)
4.20.050 Challenged ballots – Subpoenas.
The assembly may order testimony of witnesses and issue subpoenas or subpoenas duces tecum while investigating challenged ballots. The subpoenas may be enforced by the court upon certification as provided by the state rules of civil procedure concerning the enforcement of administrative and state agency subpoenas. (Code 1986 § 4.28.040)
4.20.060 Results of election – Public declaration.
A. If a contest is not initiated under the provisions of Chapter 4.24 NABC, the result of the election shall be publicly declared by the assembly and entered in the minutes of a special meeting of the assembly on Monday following the election.
B. If a contest is held and determined, the result of the election shall be publicly declared by the assembly and entered in the minutes of a special meeting of the assembly within a week after the contest is determined. (Code 1986 § 4.28.060)
4.20.070 Certificate of election.
The borough assembly will authorize the borough clerk to make and deliver a certificate of election to every person elected. The certificate of election will be signed by the mayor and clerk. It will be authenticated by the corporate seal of the borough. (Code 1986 § 4.28.070)