CHAPTER 4.36: CONTEST OF ELECTION
Section
   4.36.010   Contest of election
   4.36.020   Recount expenses
   4.36.030   Contest of election
   4.36.040   Ballot recount
   4.36.050   Prohibited practices alleged
   4.36.060   Sustained charges
   4.36.070   Determination of tie votes
§ 4.36.010 CONTEST OF ELECTION.
   (A)   Any candidate or any ten qualified voters may contest the election of any person and/or the approval or rejection of any question or proposition or request a recount.
   (B)   A candidate or group of electors who requests a recount or believes that prohibited practices occurred at an election will appear before the City Council at the meeting held on the first Tuesday following the election. A sworn written notice of contest will be delivered to the City Clerk, which will state with particularity the provisions of the law allegedly violated and the specific acts asserted as misconduct or the recount request.
   (C)   If two or more candidates tie in having the highest number of votes for the same office, or if two or more candidates tie for second place with no candidate receiving 40% of votes cast for that office, to which only one candidate is to be elected, the City Clerk will initiate a recount.
(Ord. No. 2001-06, passed 5-22-01)
§ 4.36.020 RECOUNT EXPENSES.
   (A)   (1)   The contestant shall pay all cost and expenses incurred in a recount of an election demanded by the contestant if the recount fails to reverse the result of the election or if the difference between the winning and a losing vote on the result contested, prior to the recount, is more than two percent.
      (2)   The recount request shall include a deposit in cash or by certified check for $100. The deposit shall be applied against any costs incurred or refunded if there is not liability for recount costs.
   (B)   No person may appeal or seek judicial review of a city election for any cause or reason unless the person is qualified to vote in the city, has exhausted his administrative remedies before the City Council and has commenced, within ten days after the City Council has finally declared the election results, an action in the superior court in the judicial district in which the city is located. If no such action is commenced within the ten day period, the election and election results shall be conclusive, final and valid in all respects.
(Ord. No. 2001-06, passed 5-22-01)
§ 4.36.030 CONTEST OF ELECTION.
   (A)   The City Council shall order an investigation to be made by the City Attorney, City Clerk and City Manager, if a notice of contest is received. Investigation proceedings will be public.
   (B)   The authority to investigate includes the authority to order the appearance of witnesses, to administer oaths, and to compel the production of books, records, paper and electronic documents, and other evidence.
(Ord. No. 2001-06, passed 5-22-01; Am. Ord. 2008-03, passed 3-11-08)
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