GRVNC Election Procedures
DRAFT 3/30/04
I.
Definitions
“Absent Voter”
means any voter casting a ballot in any way other than at the polling place.
“BONC” means
Board of Neighborhood Commissioners, the seven (7) member appointed commission
responsible for policy setting and policy oversight, including the approval of
contracts and leases and the promulgation of rules and regulations, but not the
day to day management of the Department of Neighborhood Empowerment or the
neighborhood councils.
“Campaigning”
means a series of actions conducted by a candidate(s) or person(s) on behalf of
a candidate(s) intended to influence voters to vote a certain way. Such actions may include, but are not
limited to, the distribution of printed or electronic material, making of
telephone calls, giving of speeches in a public setting, discussions with
individuals or small groups of voters, placement of signs, etc. (see
Electioneering below.)
“Challenge”
means a written complaint filed by a stakeholder that the election was improperly
conducted including, but not limited to, alleged incidences of voting fraud or
improper candidate activity, and that the results of the election should be set
aside or overturned.
“DONE” means
Department of Neighborhood Empowerment, the City department responsible to
implement and oversee the ordinances and regulations creating the system of
neighborhood councils enacted pursuant to City Charter Section 905.
“Electioneering”
means to solicit a vote or speak to a voter on the subject of marking his or
her ballot; to place a sign(s) relating to any candidate or other matter to be
voted on; to distribute material relating to any candidate or other matter to
be voted on; or to place a sign(s), distribute material, or converse with a
voter on the subject of the voter’s qualifications to vote. Electioneering is an aspect of campaigning
that is generally understood to mean the activities targeted at voters when
they are engaged in arriving to the polling place or in the actual act of
voting.
“Independent
Election Administrator” means the person(s) or organization responsible for
conducting the actual election. The
Independent Election Administrator should be independent from the outcome of
the election and shall have no obvious vested interest in the outcome of the election. Duties include, but are not limited to, setting up and managing
the polling location(s), checking in voters, distributing and receiving
ballots, tabulating the votes, announcing the election results, and securing
the election materials.
“Person” means
an individual human being.
“Prepared
Ballot Election with the Vote-By-Mail Component” means an election in which the
candidates file prior to the election and are included on a printed ballot that
is distributed to and voted by the voters either at: 1) the polling location(s)
on election day or 2) or via the U.S. mail or alternative delivery service.
“Provisional
Ballot” means a ballot cast by a voter whose eligibility to vote in the
election cannot be determined at the time the vote is cast. The voter’s eligibility will be verified at
a later date pursuant to methods specified in the Election Procedures and the
ballot will be processed subject to the outcome of the verification process.
“Proxy” voting
means the written or verbal authorizing of one person to act (vote) for another
as an agent or substitute, (e.g.” I hereby authorize ______ to cast a vote for
_____ in my place.”)
“Recount” means
counting the votes cast again for a particular contest or for the entire
election to determine if the original vote tally is accurate.
“Same-Day
Election Format” means an election in which the candidates are nominated and
the voting takes place on the same day and at the same general location.
“Stakeholder”
means a person who, pursuant to the Neighborhood Council’s bylaws, is eligible
to be a candidate and/or vote in the Neighborhood Council’s governing board
election. At a minimum, a stakeholder is anyone who lives, works or owns
property within the Neighborhood Council boundaries.
“Third Party
Arbitrator” means the person(s) or organization selected to review and issue
final findings relative to a Challenge filed against the election. This person(s) or organization shall not be
the Independent Election Administrator and
should be independent from the outcome
of the election and shall have no obvious vested interest in the outcome of the election. The primary Third Party Arbitrator will be a
panel composed of Neighborhood Council Representatives although another
person(s) or organization may be used if the panel of Neighborhood Council
Representatives cannot perform the function.
“Vote-By-Mail
Ballot” means a ballot that is voted and placed in a sealed envelope, which is
then delivered to the election official via the U.S. mail, private courier or
hand delivery.
“Write-In
Candidate” means a candidate who is not included on the prepared printed ballot
but for whom voters may cast a vote by writing in the candidate’s name in the
appropriate space provided on the ballot.
II.
Summary
of Election Rules Procedures
This document sets forth the rules and procedures for the Sunday June
27, 2004 GRVNC Election meeting at the Westminster Elementary School (1010
Abbott Kinney Avenue, Venice, CA 90291).
The GRVNC shall hold a prepared ballot election with a vote-by-mail
component and a write-in candidate component.
Voting polls shall be open between the hours of XX a.m. and XX p.m. Proxy voting shall not be allowed. Stakeholders shall cast votes to elect the
following GRVNC Officers: List the
offices here.
III.
Public
Outreach and Notice of Election
A. 60
Day Outreach and Notification Requirements
1.
The GRVNC
shall hold a noticed public meeting on April XX, 2004 (not less than 60 days prior to the
election) at (location)
to provide information about the GRVNC and to discuss and distribute these
election procedures, voter registration forms and other pertinent election
information.
2.
No later
than (a date not less
than 60 days prior to the election), the GRVNC shall mass-distribute
a general information flyer containing,
at a minimum, information regarding:
a.
The name and general
purpose of the GRVNC and announcement of the June 27, 2004 Board Member
elections.
b.
The
definition of a GRVNC Stakeholder pursuant to GRVNC Bylaws Article III.
c.
The date, hours and location of the election.
d.
The opportunity and
process for becoming a candidate.
e.
Voter
eligibility requirements.
f.
The
Vote-By-Mail process, including application and ballot submission procedures.
g.
Upcoming
election related meetings.
h.
Sources to
obtain additional information.
3.
The GRVNC shall
post the election information contained in the general information flyer along
with a contact telephone number at the GRVNC’s currently authorized posting locations.
B. 30 Day Outreach and
Notification Requirements
1.
Between the
period of 60 and 30 days before the election, the GRVNC shall post candidate
filing and other related election information and deadline dates along with an
information contact telephone number at the GRVNC’s authorized posting
locations.
2.
The GRVNC
shall hold a publicly noticed candidate informational meeting on May XX, 2004 (not less than 30
days prior to the election) at (location) to explain the establishment of, function of and opportunity to serve on
the GRVNC Board of Officers and to accept candidate nominations for the printed
ballot. At the meeting, the GRVNC shall
distribute copies of, and provide training related to, the GRVNC Bylaws;
Election Procedures, candidate and voter registration forms, candidate filing
and verification of eligibility requirements for placement on the ballot, write in candidate procedures,
campaigning procedures and any campaigning restrictions, requirements upon
winning office, and any other information the GRVNC determines would be useful.
C. 21 Day Outreach and Notification
Requirements
No later than (a date not less than 21 days prior to the
election), the GRVNC shall mass-distribute an election information
reminder flyer containing at a minimum: the date(s),
time, place(s) of the election, the candidates that will appear on the ballot,
Vote-By-Mail application and ballot submission process, write-in
candidate procedures and contact numbers for obtaining additional information.
IV.
Independent
Election Administrator
A. Identification
of the Independent Election
Administrator
___________________________ shall serve as
the Independent Election Administrator.
As Independent
Election Administrator, ______________________
may utilize the staff, material, equipment and facility resources of the GRVNC
or DONE to assist them in carrying out the election administration duties. Candidates for the GRVNC Board of Officers
may not participate in any way in the handling/counting of ballots,
voter/candidate registration/verification, and/or assisting voters engaged in
the act of voting in translating the voting material or explaining the voting
process.
B. Responsibilities of the Independent
Election Administrator
As
Independent Election Administrator, ______________________ retains the ultimate authority and
responsibility for the administration of the election. The
Independent Election Administrator shall be responsible for the following
duties:
1.
Reviewing and providing input
on the GRVNC draft Election Procedures.
2.
Processing of candidates
including verification of eligibility and conducting or supervising the
candidate forum(s).
3.
Processing of voters
including pre-registration and verification of eligibility as applicable.
4.
Overseeing and approving the
preparation of the ballot to be used in the election.
5.
Distributing and receiving
ballots from the voters.
6.
Verifying provisional ballots.
7.
Counting and recounting the
ballots.
8.
Issuing the election results.
9.
Securing and submitting all
election materials for records retention in accordance with the GRVNC Bylaws
and Election Procedures.
V.
Candidate
Nomination Process
Candidates must be GRVNC
Stakeholders and registered GRVNC Voting Members. A candidate may run for only one GRVNC office at an election.
A. Nomination
for the Printed Ballot
1.
Nominations for the printed ballot are open from April XX, 2004 through June XX,
2004.
2.
Nominations for the printed ballot may be made at the
GRVNC meeting held May XX, 2004 (not less than 30 days prior to the election) at (location).
3.
Nominations for the printed ballot may also be made at any time between April XX, 2004 and June XX, 2004 via email at (include
GRVNC candidate nomination email address here) or postal mail at (include GRVNC
postal mail address here).
4.
In order to qualify as a candidate, an individual must
verify his or her stakeholder status by providing the (Independent Elections
Administrator / GRVNC Rules and Elections Committee) with (list the specific documentation, if any, required to establish stakeholder
status).
5.
The (Independent Elections
Administrator / GRVNC Rules and Elections Committee) is responsible for verifying a candidate’s eligibility and
certifying that a candidate has been accepted for inclusion on the printed
ballot.
6.
The (Independent Elections
Administrator / GRVNC Rules and Elections Committee) shall issue a
printed receipt to a candidate to verify that the
candidate’s nomination has been accepted and that the candidate will be
included on the printed ballot.
7.
If the (Independent Elections
Administrator / GRVNC Rules and Elections Committee) rejects a candidate’s filing application, that candidate
may request DONE to review their candidate filing application with the
Independent Election Administrator.
Subsequent to their review, DONE will issue a final determination as to
whether the candidate will be allowed to run for office.
8.
The GRVNC shall publicize the
opportunity to be a candidate for the Board of Officers for a period that is
not less than 30 days, and shall hold open the candidate-filing period for a
minimum of 30 days (these two periods may run concurrently).
9.
A list of candidates
certified to appear on the printed ballot shall be posted at the official GRVNC
posting locations. The list should be
updated within three (3) days of any candidate being certified and final list
of certified candidates must be issued and posted within 3 days of the close of
candidate filing.
B. Election
Day Floor Nominations
Candidates
may be nominated on election day from the floor as write-in candidates pursuant
to the procedures set forth in Section ?? of these procedures (below). The documentation
for verification for write-in candidates shall be equal to that of printed
ballot candidates. The verification
process for write-in candidates may occur after the election if time does not
allow for the verification to be completed before the election, provided,
however, that a write-in candidate that is elected shall not be seated until
the verification process is completed.
VI.
Ballot
Design
A. Oversight
The Independent
Election Administrator is responsible for overseeing and approving the design
of the ballot(s) to be used in the GRVNC Board of Officers election.
B. Ballot
Specifications
1. (Specify the size,
shape and color of the ballots to be used.)
2. (State any
restrictions on the use of candidate titles to be used on the ballot (e.g.
number of words).)
3.
The ballots shall use the
same size, font and color of type for all candidate names.
4.
The ballots shall use the
same size, font and color of type for all candidate titles.
5. (Specify whether the
ballots will be colored or numbered in such a manner as to facilitate control
and guard against fraud.)
6. (Specify whether the
ballots will be numbered in such a way that a specific ballot can be tracked to
a specific voter through the registration or sign-in forms.)
7. (If used, specify
that such a ballot identification process is to be used solely by
the Independent Election Administrator or the Third Party Arbitrator to
facilitate resolution to election challenges.)
8. (If such a ballot
numbering or other tracking system is used, the voters must be so informed,
either on the ballot or within the instructions or sign-in forms, that the
Independent Election Administrator or the Third Party Arbitrator will be the
only ones permitted to review both documents and to do so solely for the
purpose of resolving formal challenges to the election.)
9. (Specify the
randomized system for determining the order of candidate names on the
ballot. The use of cumulative voting
for at-large board seats will complicate this process.)
10. (Specify the voter
instructions to be included on the ballot or accompanying material to assist
the voter in completing the ballot correctly.)
VII.
Campaigning
A. Use
of City Logos Prohibited
The
use of the City Seal, DONE logo, or any DONE created official certified
Neighborhood Council designation on candidate materials is prohibited.
B. Candidate
Endorsement by GRVNC Board Prohibited
The
GRVNC Board of Officers, acting in its official capacity, is prohibited from
endorsing or campaigning for any candidate or group of candidates running for
the GRVNC Board of Officers. This
provision does not restrict the right of individual GRVNC Board of Officers
members, acting as individual stakeholders, or any other stakeholders, from
endorsing or campaigning for any candidate or group of candidates.
C. Use
of City Property
No City facilities, equipment, supplies or other City
resources shall be used for campaigning activities except as provided
below. City facilities may be used:
1.
To hold a candidate forum sponsored by the GRVNC;
2.
To hold the GRVNC election; or
3.
If the individual has obtained approval from an authorized
representative of a City Department or Commission (if managing a Department)
for use of the facility.
City
resources may be used by the GRVNC for communicating with voters through the
printing and mailing of a voter information pamphlet which includes candidate
statements and/or the posting of candidate statements on its website. To the extent that the GRVNC provides
candidate statements to the voters or the GRVNC mailing list to candidates,
candidates shall be given access in a timely and uniform manner.
VIII.
Voter
Eligibility (This section
can not be drafted until the GRVNC Board resolves the verification question.)
All voters must be
GRVNC Stakeholders as defined by the GRVNC Bylaws and all GRVNC Stakeholders
must be given the opportunity to vote, subject to GRVNC Bylaws age restrictions. If any person’s voter registration is
rejected during the pre-registration process, that voter may request DONE to
review their voter registration application with the Independent Election
Administrator. Subsequent to their
review, DONE will issue a final determination as to whether the voter will be
allowed to vote in the election.
Challenges to stakeholder status made during the actual election will be
handled pursuant to the Provisional Voting procedures specified in Section ??, below.
A. Pre-Registration
B. Election
Day Registration
IX.
Polling
Place Operations
A. Site
Selection
In selecting the Westminster Elementary
School as the site of the 2004 GRVNC Election meeting, the GRVNC Rules and
Election Committee has determined that the site:
1.
Is of
sufficient size to accommodate the voter sign-in process, actual voting, and
any allowable candidate/campaign activities;
2.
Includes
sufficient automobile parking space;
3.
Is
convenient for those utilizing public transportation; and
4. Is accessible
for the disabled. (Is this true?)
B. Polling
Place Set-Up
The GRVNC Rules and Elections Committee
shall recruit sufficient non-candidate volunteers to assist the Independent
Election Administrator in the administration of the election. This includes, but is not limited to:
1.
Setting up and
operating voter registration tables;
2.
Setting up
voting booths;
3.
Setting up
and monitoring ballot boxes;
4.
Designating
and monitoring an electioneering area;
5.
Posting
required signage.
C. Accommodation
of Disabled Voters
In the event that a disabled voter is unable
to access the polling place, such a voter may request that a ballot,
registration materials and voting materials be delivered by an authorized
polling place worker to the polling place parking area or other nearby area
outside of the polling place.
D. Public
Posting of GRVNC Bylaws and Election Procedures
The GRVNC must conspicuously
post a copy of the GRVNC Bylaws and Election Procedures at the polling site for
stakeholder review.
E. List
of Certified Write-in Candidates
The GRVNC must conspicuously post a list
of any certified write-in candidates at the polling site for stakeholder
review.
F. Electioneering
Activities
Electioneering, including the distribution of campaign
literature, is restricted to the designated electioneering area. (Insert language excepting candidate speeches made as
part of the formal proceedings, if the committee decides to hold an election
day candidates’ forum.) The
designated electioneering area shall be clearly marked by the Independent
Election Administrator.
Candidates or other individuals electioneering outside
of the designated electioneering area will be in violation of these Election
Procedures and will be required to leave the election premises. Flagrant violators who continue improper
electioneering outside the designated area as determined by the Independent
Election Administrator may have their candidacy invalidated if they refuse to
leave after being so requested by the Independent Election Administrator.
G. Election
Observers
Any individual shall be allowed inside the
polling site throughout the election as an election observer, provided that the
observer does not, in any way, attempt to interfere with or influence the
activities of the polling place workers or the voters.
H. Language
Interpretation and Other Voting Assistance
Voting Instructions shall be printed on the ballot in
English and Spanish. An interpreter shall be available to assist Spanish
speaking voters. Additional interpretation
services shall be available upon request.
Such a request must be submitted to DONE or to the GRVNC Rules and
Elections Committee no later than June (check with DONE for date), 2004.
Any voter may designate another person who
is not a candidate in the election to assist him or her in the voting process.
I. Election
Day Candidate Forum
Last year’s GRVNC elections procedures
contain detailed instructions for the conduct of an election day candidate
forum, including election day candidate nominations “from the floor.” Should you choose to include such a
component in the 2004 election, I would be happy to adapt last year’s language.
J. Opening
and Closing Announcements
1.
At ?? a.m., the Independent
Election Administrator shall announce in a loud voice in front of the polling
site that the polls are open.
2.
At ?? p.m. (10 minutes prior to the
closing of the polls), the Independent Election Administrator shall announce
in a loud voice in front of the polling site 10 minutes before the close of
polls that the polls will close in 10 minutes.
X.
At-Polls Voting Procedures (I’ll draft
this section when the verification process is finalized by the Board.)
At a minimum, the At Polls Voting
section of the Election Procedures must:
(a) Designate
the date(s), time the polls will be open and place(s) where the voting will
occur.
(b) Specify
the voter check-in process, including any identification requirements and
acceptable means for satisfying the identification requirements.
(c) Include the process by which voters will be
informed or their right, and offered the opportunity, to vote a Provisional
Ballot if the voter’s eligibility cannot be resolved in the voter’s favor on
election day (see below).
(d) Specify
the type and format of the ballot to be issued.
(e) Identify
the process to allow a voter to obtain a replacement ballot if the original
ballot is spoiled or miss-marked.
(f) Identify
any procedures that will be implemented to facilitate the participation of
seniors, the disabled or other special needs groups in the election.
(g) Require
that any persons in line outside of the poll at the time of the closing of the
polls will be allowed to vote.
(h) Require
that only the Independent Election Administrator or his or her assistants be
allowed to issue, receive or process ballots from the voter.
XI.
Vote-By-Mail Procedures (I’ll draft
this section when the verification process is finalized by the Board.)
At a minimum, the Vote-By-Mail section of the
Election Procedures must:
(a)
Identify the process for obtaining and submitting a Vote-By-Mail
application, including when the application will be available, where to obtain
the application, the information required on the application, the deadline for
submission of the application, the address where the application is to be
mailed/delivered.
(b)
Provide that any voter eligibility documentation requirements requested
of Vote-By-Mail voters must be equal to those requested of At Polls voters.
(c)
Designate the Independent Election Administrator as the entity that
will process the Vote-By-Mail applications and ballots. By mutual agreement
with the Neighborhood Council and DONE, the Independent Election Administrator
may utilize the DONE offices as the designated mailing or delivery address for
Vote-By-Mail applications and ballots.
(d)
Provide that the Independent Election Administrator will oversee and
approve the preparation and distribution of a Vote-By-Mail application which
contains spaces for the following information:
i.
The name and residence or business address of the stakeholder.
ii.
The address to which the ballot is to be mailed, if different than the
residence or business address.
iii.
The stakeholder/voter’s signature.
iv.
The stakeholder status of the voter.
v.
The name and date of the election for which the application is being
submitted (to be pre-printed on the application).
vi.
The date on or before which the application must be received (to be
pre-printed on the application).
vii.
The address where the application is to be mailed or delivered (to be
pre-printed on the application).
(e)
Provide, at a minimum, that the Vote-By-Mail application must be
available not less than 21 days before the election and must be received from
the voter
not
less than 7 days before the election.
(f)
Provide that voters who miss the 7 day Vote-By-Mail application
deadline may personally come to a designated location up to the day before the
election and obtain and vote a Vote-By-Mail ballot at that location.
(g)
Provide that a stakeholder/voter’s application for a Vote-By-Mail not
submitted on the prepared form will still be processed if it contains the
information in (d) i.-v. above and is received by the application submission
deadline.
(h)
Provide that candidates may distribute Vote-By-Mail applications but
shall not handle the return applications or the Vote-By-Mail ballots.
(i)
Provide that the Independent Election Administrator, upon receipt of a
completed Vote-By-Mail ballot application on or before the submission deadline
will issue a Vote-By-Mail Ballot Package containing the following
items/information:
i.
The official ballot.
ii.
Voting instructions on how to complete the ballot and return the voted
ballot including the submission deadline and the place(s) to mail or deliver the
completed ballot.
iii.
Instructions relative to any stakeholder/voter eligibility verification
documents that must be completed and submitted with the Vote-By-Mail ballot.
Such instructions will state that the voter may cross out any information on
the documentation they are submitting that is not required to establish
stakeholder status (e.g. on a utility bill the voter could cross out all
information, such as account number and account balance, except their name and
residence address).
iv.
A pre-printed return envelope containing the return address and an
affidavit to be signed by the stakeholder/voter stating “I hereby declare under
penalty of perjury that I am a stakeholder in the [insert name of Neighborhood
Council] and I herein enclose my ballot in compliance with the Neighborhood
Council Election Procedures.”
(j)
Provide that once the ballot is verified for counting, the Independent
Election Administrator shall destroy the stakeholder verification
documentation. However, the Independent
Election Administrator will retain self-affirmation stakeholder statements if
the Independent Election Administrator for the At Polls Voters retains such
statements.
(k)
Provide that the voted ballot must be received by the close of the
poll(s) on election day (either at the designated submission mailing address or
at the polling location(s)).
(l)
Provide that lists of all persons issued a Vote-By-Mail ballot and all
those returning a Vote-By-Mail ballot must be prepared and provided to the
person(s) managing the polling site(s) for use in the voter sign-in process.
(m) State whether or not
on election day at the polling site, a voter will be allowed to retrieve and
destroy a previously submitted Vote-By-Mail ballot and then be issued and vote
a regular election day ballot.
XII.
Provisional Voting Procedures
The Election Procedures must include a process whereby
voters can cast a Provisional Ballot if the voter’s eligibility to vote in the
election cannot be determined in favor of the voter at the time the voter
attempts to cast his or her ballot.
This process must include the following provisions:
(a) The
only acceptable basis for challenging a voter’s right to vote at the polling
site will be that the person is not a stakeholder as defined by the
Neighborhood Council bylaws or that the person was issued a Vote-By-Mail
ballot.
(b) If
a voter is challenged on the basis that they were issued a Vote-By-Mail ballot,
the voter may surrender the un-used ballot at the polling site at which time
the voter will be issued a regular ballot.
(c) If
a voter is challenged on the basis that they are not a stakeholder eligible to
vote in the election, the voter may produce any of the documentation outlined
in the Election Procedures at which time the voter will be issued a regular
ballot.
(d) If
a voter cannot produce the required documentation or they cannot surrender the
un-used Vote-By-Mail ballot, then the voter will be offered the opportunity to
vote a Provisional Ballot. The
Provisional Ballot will be the same as regular ballot, except that prior to
placement in the ballot box the Provisional Ballot will be placed inside a
Provisional Envelope. On the outside of
the envelope the voter will provide:
i.
The voter’s name.
ii.
The voter’s address.
iii.
The voter’s stakeholder status.
iv.
The voter’s contact number(s).
(e) When
a voter casts a Provisional Ballot, the voter will be issued instructions that
explain what steps the voter must take to qualify the Provisional Ballot
including documentation required to be submitted, where the documentation is to
be submitted, and a contact number to request assistance or seek additional
information. The deadline for submission of acceptable documentation shall be 3
days after the election.
(f) The
Independent Election Administrator will be responsible for the verification of
the Provisional Ballots.
XIII.
Write-in
Voting Procedures
In
addition to voting for candidates whose names appear on the prepared ballot,
the Election Procedures may also allow voters to cast a vote for a certified
write-in candidate by writing in the candidate’s name in the space provided. A certified write-in candidate is a candidate
who has complied with the Election Procedures process for becoming a certified
write-in candidate.
XIV.
Official Certified Canvass of Votes,
Issuance of Results and Ratification of the Election
The Election Procedures shall specify the process for
verifying and counting all ballots. At a minimum, the Election Procedures must:
1.Require that the Independent Election Administrator
will be responsible for tabulating the ballots and announcing the unofficial
results on election day.
2. Require that the Independent Election Administrator
verify all Provisional and Vote-By-Mail ballots for inclusion in the Final
Official Certified Canvass of the votes.
3. Specify that the deadline for completion of the Final
Official Certified Canvass including At- Polls ballots and any Provisional and
Vote-By-Mail ballots shall be 7 days after the election. The Final Official
Certified Canvass of ballots may occur on election day if there are no
outstanding ballots to be counted.
4. Identify the location, date(s), and time that the
election day and Final Official Certified Canvass of ballots will occur.
5. Require that the election day and Final Official
Certified Canvass activities be open to the public for observation, provided
that the observers must not interfere with or attempt to influence the vote
tabulation in any way.
6. Specify the process for resolving tie-votes. An acceptable option will be the drawing of
straws or equivalent process to determine which candidate will be seated.
7. Require the Independent Election Administrator to
submit the Final Official Certified Canvass to the Neighborhood Council and
DONE immediately upon completion.
8. Require that
the final election results be announced by the Neighborhood Council and DONE
immediately upon receipt of the final election results from the Independent
Election Administrator.
9. Identify the process for ensuring that all candidates
are notified of the election results.
XV.
. Resolution of Election Challenges
The Election Procedures will include a process for
handling election disputes or challenges and must include the following
provisions:
1. Recount of
Votes Cast
a) Provide that any stakeholder may request a Recount of
a specific contest or the entire election results within 5 days of the
completion of the Final Official Certified Canvass by the Independent Election
Administrator by filing a written request with DONE.
b) Require that the Independent Election Administrator
conduct the recount within 5 days of receipt from a stakeholder by DONE of the
written request for a Recount.
c) Require that public notice of the location, date and
time of the Recount be posted at the Neighborhood Council’s required notice
sites a minimum of 24 hours before the Recount is to take place and that the
person(s) requesting the Recount be provided individual notice within the same
time frame.
d) Require that the Recount be open to public
observation, provided that observers must not interfere with or in any way
attempt to influence the persons conducting the Recount.
e) Require that the Independent Election Administer
certify the Recount results to the Neighborhood Council and DONE immediately
upon completing the Recount.
f) Require that the certified Recount results be
announced by the Neighborhood Council and DONE immediately upon receipt of the
certified Recount results from the Independent Election Administrator.
2. Election
Challenges
a) Provide that any stakeholder may challenge the conduct
of the election within 5 days of the completion of the Final Official Certified
Canvass by the Independent Election Administrator by filing a written request
with DONE. The written request must:
i.
Identify the basis for the Challenge to the
Election.
ii.
Identify the person(s) issuing the Challenge.
iii.
Provide contact information for the person(s)
issuing the Challenge.
b) Provide that DONE will immediately submit the Election
Challenge to a Citywide Election Challenge Arbitration Panel composed of
representatives from the Neighborhood Councils that will act as the Third Party
Arbitrator to conduct the review and issue final findings with respect to an
Election Challenge. It will be the responsibility of each Neighborhood Council
to select one or more of its members to sit on the Citywide Election Challenge
Arbitration Panel. The selected members
do not need to be governing board members of the Neighborhood Council. The
Citywide Election Challenge Arbitration panel will then select a minimum of
three of its members to actually conduct the specific Election Challenge review
and issue final findings. The Third
Party Arbitrator review team members (hereafter Arbitrator) selected cannot
have participated in the conduct of the election in any way or have any vested
interest in the outcome of the Election Challenge.
c) Provide that DONE may, with the concurrence of the
Neighborhood Council, engage the services of another person(s) or organization
to act as the Arbitrator if the Citywide panel of Neighborhood Council
representatives informs DONE that they are unable to conduct the Election
Challenge review. The back-up
Arbitrator selected cannot have participated in the conduct of the election in
any way or have any vested interest in the outcome of the Election Challenge. A
list of the persons or organizations pre-qualified to act as a back-up
Arbitrator will be published by DONE on its web site and/or through other
appropriate methods.
d) Require that to serve as the Third Party Arbitrator,
the person(s) or organization selected must have attended a training program
conducted by DONE. and must have assisted in conducting the review of at
least one Election Challenge.
e) Require that public notice of the receipt of an
Election Challenge be posted at the Neighborhood Council’s required notice
sites at the time the Election Challenge is submitted to the Arbitrator and
that the person(s) submitting the Election Challenge be provided individual
notice within the same time frame.
f) Require that the Arbitrator complete the review and
issue the final findings to DONE within 30 days of receipt of the election
Challenge from DONE. If circumstances
arise such that the review and issuance of findings cannot be completed in 30
days, the Arbitrator may utilize up to a maximum of two
additional 30 day review periods. The Arbitrator will submit a notice to DONE
identifying the reasons for the delay prior to initiating each review period
extension.
g) Require that the findings of the Arbitrator will be
final and binding on the Neighborhood Council.
h) Immediately upon receipt of the findings of the
Arbitrator, DONE will work with the Neighborhood Council to begin implementing
the findings, as necessary, of the Arbitrator.
3. Seating of Elected Board
Members
Provide that newly elected
governing board members will be seated in
accordance with the Neighborhood Council bylaws and Election Procedures pending the final results of a recount or an
Election Challenge.
XVI.
Disposition of
Election Records
The Independent
Election Administrator shall retain all election materials including ballots, voter
rosters, candidate filing documents, voter registration forms, etc. until the
period for requesting a recount or filing a challenge has passed, or if a
recount request or an election challenge is filed, until those processes are
concluded.
In the case of
an election challenge, the Independent Administrator shall make the election
materials available to the Third Party Arbitrator upon request.
At the
conclusion of the recount and election challenge resolution period, the
Independent Election Administrator shall turn all election materials over to
the GRVNC. The GRVNC shall then retain
the election materials in accordance with their own procedures for maintaining
records.
If the ballot
design and the voter registration allows for a ballot to be tracked to an
individual voter, then the Independent Election Administrator shall destroy the
actual ballots prior to handing over the balance of the materials to the GRVNC.
XVII.
Election Board
Officer Contact Information
Within
seven (7) business days of the announcement of final election results, the
GRVNC Rules and Elections Committee must submit the names, candidate/board
member stakeholder affiliation, board seat, public contact information, and
private contact information (if available) for each newly elected board
member. All information must be
submitted on the form prescribed by DONE.
(c). Whether Board Officers are to be elected directly by
the stakeholders or subsequently elected or appointed by the elected Board
Members.
(d). Whether Board Members shall be elected at large
and/or by district.
(f). Whether any board seats will be filled by
appointment and the process for making such appointments.
(g). How staggered terms will be distributed amongst the
elected candidates.
(h). The seats for
which stakeholders of various categories are eligible to vote.