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5.1. SR 11-20-2000 . City of 1Y Elk Item #5.1 MEMORANDUM TO: Mayor and City Council FROM: Sandra Peine, City Clerk DATE: November 20, 2000 SUBJECT: Recount for Ward Three Council Race The Recount . A recount of the Ward Three Council race was held on Wednesday, November 15,2000. A hand-count of the ballots cast for that race was conducted. The results of the hand count were identical to the results from the November 7th election with one exception. The exception is to the one ballot counted by the precinct counter as an overvote. An overvoted ballot is a ballot where the voter votes for too many candidates in a race. In this case, the voter marked both ovals (one for each candidate) but crossed out one of the voted ovals. The Results November 7, 2000 Results Dan Tveite La Farber Under Votes Over Votes Write In Votes Total 792 793 234 ***1 4 November 15, 2000 Results Dan Tveite La Farber Under Votes Over Votes Write In Votes Total 793 793 234 4 TOTAL 1,824 TOTAL 1824 ***The ballot in question . 13065 Orono Parkway. P.O. Box 490 · Elk River, MN 55330. TDD & Phone (763) 441-7420 · Fax (763) 441-7425 . . . Recount Council Memo Page 2 Determining Voter Intent According to Minnesota Election Laws 8235.0800 "Counting and Challenging Ballots," "The recount official shall open the sealed envelope of ballots and recount them in accordance with Minnesota Statutes, Section 204C.22." Section 204C.22 is entitled "Determining Voter's Intent." Subdivision 1 states the following: "Ballot Valid If Intent Determinable." "A ballot shall not be rejected for a technical error that does not make it impossible to determine the voter's intent. In determining intent the principles contained in this section apply." (A copy of this law is attached for your review). Overvoted Ballot As election recount official, it was my responsibility, according to state law, to determine voter's intent on the overvoted ballot. I believe the ballot was cast for Dan Tveite. My decision is based on 204C.22, Subdivision 11, "Attempted Erasures." The law states that, "If the names of two candidates have been marked, and an attempt has been made to erase or obliterate one of the marks, a vote shall be counted for the remaining marked candidate." The next step in the process allows both candidates to review the ballot and to either agree with the election official's decision or to challenge the ballot. Challenged Ballot Councilmember Farber has challenged my determination of the ballot in question. Councilmember Farber is challenging because he interprets the voter's intent as casting a vote for him. Council Action The Council acting as the Board of Canvass, will be shown the ballot in question. The Council will have to either decide on the voter's intent (who the voter intended to vote for) or, the Council can decide that the ballot cannot be discerned. . If the Council determines that the ballot cannot be discerned, then the ballot would be considered defective (or in essence remain an overvote) and Larry would win the election by one vote. . . . Recount Council Memo Page 3 . If the Council determines that the voter intended to vote for Larry Farber, then Larry would win the election by two votes. . If the Council determines that the voter intended to vote for Dan Tveite, the election will be tied. A Tie Vote According to State Statutes Section 204C.34, the canvassing board determines the tie by lot. If this is the case, the Council will determine the winner by lot on Monday evening. Final Council Action When a winner is determined, the attached resolution must be adopted. s: \ council \ recount. doc . . MINNESOTA ELECTION LAWS - 2000 any ballots are not properly marked with the initials of the election judges, the election judges shall preserve but not count them. If there is still an excess of properly marked ballots, the election judges shall replace them in the box, and one election judge, without looking, shall withdraw from the box a number of ballots equal to the excess. The withdrawn ballots shall not be counted but shall be preserved as provided in subdivision 4. Subd. 3. Ballots in wrong box. If the election judges find in a ballot box any ballots that are not the kind properly belonging in it, they shall lay those ballots aside. If the number of ballots found in any box equals or exceeds the number of ballots to be counted, the ballots which should have been placed in that box, but which are found in another box, shall not be counted. If the number of ballots found in a box is less than the number of ballots to be counted, and a number of ballots equal to or less than the deficiency and properly belonging in that box are found in another box, the latter ballots shall be counted. If the number of ballots found in another box exceeds the deficiency, the excess ballots shall be placed in the proper ballot box and, without looking, an election judge shall withdraw a number of ballots equal to the deficiency and the withdrawn ballots shall then be counted. Subd. 4. Ballots not counted; disposition. When the fmal count of ballots agrees with the number of ballots to be counted, those ballots not counted shall be attached to a certificate made by the election judges which states why the ballots were not counted. The certificate and uncounted ballots shall be sealed in a separate envelope and returned to the county auditor or municipal or school district clerk from whom they were received. History: 1981 c 29 art 5 s 20; 1987 c 266 art 1 s 39 204C.21 COUNTING BALLOTS; PILING SYSTEM. Subdivision 1. Method. The election judges shall take all the ballots of the same kind and count the votes cast for each office or question, beginning with the flISt office or question on the ballot. They shall make one pile of the ballots for each candidate who received votes for that office, or one pile for the "Yes" votes and one pile for the "No" votes on a question. They shall make a pile of totally defective ballots and a pile of totally blank ballots. They shall make a pile of ballots that are not totally defective but are defective with respect to the office or ques- tion being counted and a pile of ballots that are not totally blank but are blank with respect to the office or question being counted. After the separation into piles, the election judges shall examine each pile and remove and place in the proper pile any ballots that are found in the wrong pile. The election judges shall count the totally blank and totally defective ballots and set them aside until the counting is over for that ballot. The election judges may pile ballots crosswise in groups of25 in the same pile to facilitate counting. When their counts agree, the election judges shall announce the number of ballots in each pile, and shall write the number in the proper place on the summary statements. The election judges shall then return all the counted ballots, and all the partially defective or partially blank ballots, to the original pile to be separated and counted in the same manner for the next office or question. Subd. 2. More than one candidate to be elected; piling. Where more than one candidate is to be elected to an office, the votes for that office shall be counted and canvassed in the manner provided in subdivision I as far as practicable. Subd. 3. Primary. At a primary the election judges shall first separate the partisan ballots by major political party and then count the votes for each office as provided in subdivision 1. The nonpartisan primary ballots shall be counted separately after the partisan primary ballots have been counted. History: 1981 c 29 art 5 s 21 ... )If 204C.22 DETERMINING VOTER'S INTENT. fc - €bdivisioEJ)Ballot valid if intent determinable. A ballot shall not be rejected for a technical error that does not make it impossible to determine the voter's intent. In determining intent the principles contained in this . section apply. Subd.2. From face of ballot only. Intent shall be ascertained only from the face ofthe ballot. Subd.3. Votes for too many candidates. Ifa voter places a mark (X) beside the names of more candi- dates for an office than are to be elected or nominated, the ballot is defective with respect only to that office. No vote shall be counted for any candidate for that office, but the rest of the ballot shall be counted if possible. At a 73 MINNESOTA ELECTION LAWS - 2000 primary, if a voter has not indicated a party preference and places a mark (X) beside the names of candidates of more than one party on the partisan ballot, the ballot is totally defective and no votes on it shall be counted. If a voter has indicated a party preference at a primary, only votes cast for candidates of that party shall be counted. . Subd. 3a. Votes yes and no. If a voter votes both yes and no on a question, no vote may be counted for that question, but the rest of the ballot must be counted if possible. Subd. 4. Name written in proper place. If a voter has written the name of an individual in the proper place on a general or special election ballot a vote shall be counted for that individual whether or not the voter makes a mark (X) in the square opposite the blank. Subd.4a. Write-in vote for candidate team. A write-in vote cast for a candidate for governor without a write-in vote for a candidate for lieutenant governor must be counted as a vote for the candidate team including the lieutenant governor candidate selected by that candidate for governor. Subd. 5. Name written on primary ballot. If a voter has written the name of an individual on a primary or special primary ballot, a vote shall not be counted for that office. Subd.6. Mark out of place. Ifamark (X) is made out of its proper place, but so near a name or space as to indicate clearly the voter's intent, the vote shall be counted. . Subd. 7. All written names or marks counted up to limit. If a number of individuals are to be elected to the same office, the election judges shall count all names written in and all printed names with (X) marks in squares opposite them, not exceeding the whole number to be elected. When fewer names than the number to be elected are marked with an (X) or written in, only the marked or written in names shall be counted. When more names than the number to be elected are marked or written in, the ballot is defective with respect to that office and no vote shall be counted for that office. Subd.8. Misspelling; abbreviations. Misspelling or abbreviations of the names of write-in candidates shall be disregarded if the individual for whom the vote was intended can be clearly ascertained from the ballot. Subd.9. Votes for only some offices or questions determined. Ifthe voter's choice for only some of the . offices or questions can be determined from a ballot, the ballot shall be counted for those offices or questions only. Subd. 10. Different marks. If a voter uniformly uses a mark other than (X) which clearly indicates an intent to mark a name or to mark yes or no on a question, and the voter does not use (X) anywhere else on the ballot, a vote shall be counted for each candidate or response to a question marked. If a voter uses two or more distinct marks, such as (X) and some other mark, a vote shall be counted for each candidate or response to a question marked, unless the ballot is marked by distinguishing characteristics that make the entire ballot defective as pro- vided in subdivision 13. ~ (?"ubd. Q)Attempted erasures. If the names of two candidates have been marked, and an attempt has been made to erase or obliterate one ofthe marks, a vote shall be counted for the remaining marked candidate. If an attempt has been made to obliterate a write-in name a vote shall be counted for the remaining write-in name or marked candidate. Subd. 12. Soil; defacement. A ballot shall not be rejected merely because it is slightly soiled or defaced. Subd. 13. Identifying ballot. If a ballot is marked by distinguishing characteristics in a manner making it evident that the voter intended to identify the ballot, the entire ballot is defective. Subd. 14. No votes for certain offices. If the number of candidates for an office is equal to the number of individuals to be elected to that office, and the voter has not marked any name, no vote shall be counted for any candidate for that office. Subd. 15. Blank ballot for one or more offices valid. If no name or response to a question is marked and no name is written in, the ballot is blank with respect to that office or question. A ballot !hilt is blank witl:r- respect to one or more offices or questions is not defective. History: 1981 c 29 art 5 s 22; 1987 c 222 s 2; 1990 c 453 s 7-10; 1991 c 320 s 14 . NOTES AND DECISIONS 204C.22 Spoiled ballots should not be included in determining result of question of public of public importance requiring a percentage of the vote cast at such election. Op. Atty. Gen. 434C-5, April 7, 1948. 74 . . . RESOLUTION 00- A RESOLUTION CANVASSING RECOUNTS OF THE NOVEMBER 7, 2000, MUNICIPAL GENERAL ELECTION RESULTS FOR THE OFFICE OF WARD THREE COUNCIL MEMBER WHEREAS, the city of Elk River conducted a municipal general election on November 7, 2000; and WHEREAS, the results of the election have been challenged for the office of Ward Three Council Member; and WHEREAS, a recount of the votes for the office of Ward Three Council Member occurred on November 15, 2000; and WHEREAS, the vote results for the office of Ward Three Council Member on November 7, 2000, are as follows: COUNCIL MEMBER WARDa November 7, 2000 Results Total Dan Tveite Larry Farber Under Votes Over Votes Write In Votes 792 793 234 1 4 TOTAL 1,824 and WHEREAS, the vote results for the office of Ward 4 Council Member following the recount are as follows: COUNCIL MEMBER WARDa November 15, 2000 Results Total Dan Tveite Larry Farber Under Votes Over Votes Write In Votes 793 793 234 o 4 TOTAL 1824 . . . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, that the Municipal Canvassing Board has examined the recount of the Municipal General Election results for the office of Ward Three Council Member and concurs with the results as presented. Passed and adopted by the City Council ofthe City of Elk River this 20th day of November, 2000. Stephanie A. Klinzing, Mayor ATTEST: Sandra A. Peine, City Clerk s: \ clerk \ election \2000 \ recresol.doc