Anderson 

Chapter 04.06

CONTEST OF ELECTIONS

Sections:

            4.06.010          Contest of Elections; Contestant

            4.06.020          Contest of Election; City Council

            4.06.030          Ballot Recount

            4.05.040          Prohibited Practices Alleged

            4.06.050          Sustained Charges; Recount

            4.06.060          Recounted Expenses; Appeal

         4.06.010.   Contest of Election; Contestant.

         A.       Any qualified voter may contest the election of any person and the approval or rejection of any question or proposition.

     B.       Any qualified voter who believes that prohibited practices occurred at an election may contest the election by:

                  1.      Filing a written affidavit with the Clerk specifying with particularity the provisions of the law which he believes were violated and the specific acts he believes to be misconduct;

                  2.      This affidavit must be filed with the Clerk before or during the first review of the ballots by the canvass committee following the election.  The Clerk shall acknowledge the date and time the affidavit is received on its face and make a photocopy of the affidavit which shall be given the contestant.

                  3.      The sample affidavit in the Appendix of Forms shows the form this affidavit should take, 4-13.

          4.06.020.  Contest of Election; Council.  The Council may order an investigation or a recount of the ballots or declare the election, as to one or more offices or propositions or in its entirety, invalid, and order a new election; or declare the affidavit of election contest without merit and certify the results of the election.

         4.06.030.  Ballot Recount.  If only a recount of ballots is demanded,  the election board where the error allegedly occurred, shall recount the ballots.

         4.06.040.  Prohibited Practices Alleged.  When the contestant alleges prohibited practices, the Council shall direct the Clerk to produce the original register books for the election.

         4.06.050 Sustained Charges; Recount.  If the charges alleged by the contestant are upheld, the canvass committee shall make a recount within twenty-four hours excluding any Saturday, Sunday or holiday.  The recount shall proceed as rapidly as practicable, and the results thereof declared.  The Clerk shall promptly issue another election certification if a change in the results require it.  The Council shall then certify the correct election returns.

          4.06.060.  Recount Expenses; Appeal.

         A.        The contestant shall pay all costs and expenses incurred in a recount of an election demanded by the contestant if the recount fails to reverse any result of the election, or the difference between the winning and losing vote on the result contested is more than two percent.

       B.        A person may appeal the decision of the Council in Section 4.06.020 to the Superior Court, however, no person may appeal or seek judicial review of a municipal election for any cause or reason unless the person is qualified to vote in the City, has exhausted his administrative remedies before the Council and has commenced, within 10 days after the Council has finally declared the election results, an action in the Superior Court.  If no such action is commenced within the 10 day period, the election and election results shall be conclusive, final, and valid in all respects.