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.