§ 2.16.250. Election recounts.  


Latest version.
  • A.

    A defeated candidate or ten (10) 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 five p.m. on the Monday following the election or twenty-four (24) hours after completion of the canvass, whichever is later.

    B.

    The application shall specify in substance the basis of the belief that a mistake has been made, the particular office, proposition or question for which the recount is to be held, and contain a statement that the person making the application is a candidate or that the ten (10) persons making the application are qualified voters. The application for a recount shall bear the notarized signature of the candidate or the ten (10) qualified voters seeking the recount.

    C.

    Upon receiving an application in substantially required form, the clerk shall appoint a recount board of three or more qualified voters to conduct the recount of ballots as soon as possible. The rules 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 proceedings.

    D.

    Upon completion of recount, the recount board shall certify the results of the recount to the city council. The city council shall declare the final election results and direct 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.

    E.

    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 (10) days after the city council has declared the election results. If no such action is commenced within the ten (10) day period, the election and the election results shall be conclusive, final and valid in all respects.

(Prior code § 3.01.230)