[HISTORY: Adopted by the City Council of the City of Franklin
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-7-2023 by Ord. No. 03-24]
Any candidate whose name appeared on a municipal election ballot
may file a request for recount in writing with the Franklin City Clerk
no later than 5:00 p.m. on the Friday following the municipal election.
The applicant shall pay a fee to the Franklin City Clerk, for the
use of the City in the same manner as prescribed by RSA 669:31, II.
The following rules and procedures shall be observed during
the course of a municipal election recount:
A.
The City Clerk shall serve notice of the recount on all candidates
for the office in question.
B.
The recount team will be comprised of the City Clerk, Moderator or
Assistant Moderator, Ward Clerk, and two City Councilors from the
ward of the contested election. Anyone on the recount team shall be
disqualified from participating if their seat is the subject of the
recount. Also, if the City Council deems a conflict of interest for
any of the five stated members of the recount team, the Moderator
shall appoint someone in their place per NH RSA 669:32.
C.
No cell phones, tablets, or any electronic devices with recording
capabilites may be used in the recount room during the recount, other
than approved previously by the City Clerk.
D.
All members of the public shall be seated in a designated area that
will allow for visual and audible observation of the recount. No person
shall be seated closer than six feet from the recount team unless
they are the candidate and/or their representative.
E.
The Moderator of the contested ward or City Clerk shall preside over
the recount.
F.
If there is a question as to whether a ballot is valid, the Moderator
shall determine its validity.
G.
A candidate and/or their representative may be present at the recount
to inspect the ballots as they are being counted. Each candidate shall
be limited to one representative.
H.
The recount method may be the sort/stack method or the tally method,
but no other.
I.
The City Clerk will unseal the container holding the ballots cast
by voters on the date cast, announcing such publicly.
J.
Candidates and/or their representatives are prohibited from touching
the ballots and from marking a ballot in any manner during the recount.
K.
The recounting officials shall not let the ballots out of their control
at any time, and no person other than the recounting officials may
touch the ballot while it is being inspected or at any other time.
L.
If there is a ballot that is protested by a candidate or their representative,
the Moderator shall rule on its validity and shall attach a note to
the ballot stating the name of the candidate making the protest and
setting further the ruling made upon the validity of the ballot.
M.
The ballots shall be recounted one time only and all protests must
be made at the time the ballots are recounted. The candidate or their
representative has the right to inspect each ballot as it is recounted,
and any protest relating to the ballot being counted must be made
at that time and no other time.
N.
The candidate who requested the recount may cancel the recount at
any time during the procedure, at which time the City Clerk will publicly
announce the candidate's request to cancel the recount, and the
recount will cease at once. The candidate may choose to cancel the
recount at any time prior to the announced date and time.
O.
Tie votes shall be resolved by lot. The City Clerk shall prepare
a set of slips of paper of equal size, each numbered 1 to 10. Each
shall be folded and placed in a container. The candidates shall then
draw a slip from the container. The candidate drawing the highest
number will be declared the winner.
P.
After the ballots are recounted, the City Clerk shall announce the
results of the recount to the City Council. The Mayor shall then confirm
the results and declare the person with the highest number of votes
as the winner of the seat in question.
Q.
After the results have been announced, the ballots shall immediately
be turned over to the City Clerk who shall immediately place the ballots
in the container. The City Clerk shall seal the box with tape and
mark the box, signed by the recount officials, in the same manner
as required by RSA 659:95 and shall note the date and the reason why
the original container was opened. The City Clerk shall then take
custody of the ballots.
R.
The City Clerk shall then place the sealed ballots in a secure location
where the ballots will be kept for 60 days.
