[Adopted 9-3-2002 by Ord. No. 2002-8; amended in its entirety 8-5-2013 by Ord. No. 2013-11]
A.
When the Board finds by a majority vote that it is unable to determine
the objective intent of the voter, the vote for that office shall
not be counted. In the event that paper ballots are used, ballots
containing votes not counted shall be kept separate from the rest
of the ballots.
B.
Marking of ballots.
(1)
Ballots validly marked in favor of a candidate whose name appears
on a ballot must be counted as a vote in favor of that candidate.
(2)
Ballots validly marked in favor of a write-in candidate must contain at least the first and last name of the candidate in order to be eligible to be counted as a vote in favor of that candidate, except that the Board of Supervisors of Elections shall attempt to comply with the objective intent of the voter as expressed by the ballot, as provided in Subsection D of this section.
C.
Overvotes. Ballots which are marked in favor of more candidates than
specific offices available must not be counted as valid ballots for
that specific office or offices, if multiple positions are available.
D.
Incorrectly marked ballots; objective intent of the voter. The Board
of Supervisors of Elections shall attempt to comply with the objective
intent of the voter as expressed by the ballot, to the extent that
objective intent can be reasonably ascertained. If a majority of the
Board of Supervisors of Elections is unable to determine the objective
intent of the voter from the markings on the ballot, the vote for
that office shall not be counted. A majority ruling of the Board shall
constitute the Board's decision to count the vote in favor of a candidate.
Ballots containing votes incorrectly marked shall be kept separate
from the rest of the ballots.
With respect to write-in candidates, the objective intent of
the voter in incorrectly writing in candidates shall be judged with
reference to other active candidates, including write-in candidates.
[Amended 2-4-2019 by Ord.
No. 2018-20]
Subject to the provisions concerning provisional ballot set forth in Article IIA, § 10-21.1 above, when the right of any person to vote shall be challenged, the challenge shall be made immediately before such person enters the voting booth. The person, to include any election judge(s), challenging an individual's right to vote shall assign the reason for the challenge under penalties of perjury. The challenged voter shall respond truthfully under penalty of perjury. A challenged voter shall be allowed to vote only if a majority of the members of the Town Board of Supervisors of Elections agree that his/her vote should be cast.
A.
If after the Board of Supervisors of Elections completes its first
count of the votes, the margin between the vote total of a winning
candidate and the candidate with the next highest vote total is 1%
or less of the total number of votes cast in the election for the
office at issue, an automatic recount shall be conducted. For the
purposes of this subsection, the term "winning candidate" for the
purposes of Town Council elections shall be the candidate who would
be elected to the Town Council with the least number of votes.
[Amended 10-4-2021 by Ord. No. 2021-23]
B.
If an automatic recount is not authorized by Subsection A above, within 48 hours after the results of the election are announced, any candidate defeated on the first count of the returns by the Board of Supervisors of Elections may petition the Board of Supervisors of Elections for an appeal from and review of the action and decision of the Board in counting the ballots and for a recount of the ballots cast, or review of all electronic voting device records.
[Amended 10-4-2021 by Ord. No. 2021-23]
C.
The petition shall be filed with an affidavit or affidavits made
from personal knowledge by candidates, watchers, challengers or other
persons, setting forth acts of fraud, mistake, error or irregularity
in making the count of the votes by the Board, or setting forth that
some of the returns and tally sheets show on their faces ambiguity,
error, fraud, mistake or miscalculations by the Board.
D.
The Board of Supervisors of Elections, after receiving the petition,
shall review the issues raised and may respond accordingly, including
to review the ballots, tabulations, and all electronic voting device
records, but if required to resolve the issues raised, shall proceed
without answering to recount the ballots.
(1)
The review and recount of ballots shall be completed within 72 hours
after the petition has been filed, under such procedures as the Board
shall prescribe.
(2)
The recount shall be conducted in the presence of the candidates
or their representatives.
(3)
The petitioner shall pay the cost of the recount unless the result
of the election is reversed by the recount, in which case the costs
shall be borne by the Town. Costs may include but are not limited
to reimbursement to the Town for the time of employees or temporary
staff that may be assigned or employed to assist with the recount,
and may also include the time of the Board of Supervisors of Elections
and election clerks to the extent they assist with the recount.
A.
Contests concerning voting or the validity of any vote in any election
shall be decided by the Board of Supervisors of Elections.
B.
No vote nor the results of any election shall be rejected on a contest
or appeal except by the unanimous vote of the Board.
C.
Any candidate or voter who wishes to contest the results of an election
or any matter relating to the validity of a vote shall file a petition
with the Board of Supervisors of Elections within 48 hours after the
election results are announced. The petition shall be signed under
oath and shall set forth a complete statement of all facts on which
the candidate or voter relies to support such election contest.
D.
Upon receiving the petition, the Board shall notify all candidates
potentially affected by the contest that a contest has been submitted.
E.
The Board of Supervisors of Elections shall conduct a factual investigation
of the contest and shall decide the contest no later than 10 calendar
days after the receipt of the notice of election contest by the Board.
The Board must make all reasonable efforts to render a decision within
10 days. Only if the Board fails to render a decision within 10 days,
the contest shall be deemed denied.
F.
Any candidate or voter aggrieved by any decision of the Board of
Supervisors of Elections shall have the right to appeal such decision
to the Circuit Court of Carroll County. Such appeal must be filed
within three business days after the final decision of the Board of
Supervisors of Elections which is being appealed.
G.
In the event of a timely Circuit Court appeal, the incumbent office
holder shall continue to hold office until his or her successor is
duly qualified following a decision of the Court. If the Circuit Court
appeal is withdrawn or dismissed, the final decision of the Board
of Supervisors of Elections which is or was being appealed shall stand.
