GRVNC 2004 Election Procedures

Submitted to done 4/23/2004

 

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” (“IEA”) 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.

 “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.

“IRV” means Instant Runoff Voting as described in Robert’s Rules of Order, 10th edition as Preference Voting.

“GRVNC Stakeholder Affidavit” or “GRVNC Stakeholder Declaration” is the form used by a person to affirm, under penalty of perjury, that they are a GRVNC stakeholder.

 

II.                Summary of Election Rules and Procedures

This document sets forth the rules and procedures for the Sunday, June 27 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 Sunday 10 a.m. to 8 pm.  Proxy voting is not allowed.

 

Stakeholders shall cast votes to elect the following GRVNC Officers: 

1.                  President

2.                  First Vice President

3.                  Second Vice President

4.                  Secretary

5.                  Government Relations Officer

6.                  At-Large Board Member

 

Stakeholders shall select one of the following to elect one District Representative.  Stakeholders may choose any one of the following:

1.                  Lincoln Place District Representative

2.                  Ocean Front Walk District Representative

3.                  Oakwood District Representative

4.                  Venice High District Representative

5.                  Abbot Kinney District Representative

6.                  Triangles District Representative

7.                  Canals & Peninsula District Representative

 

III.             Election Timeline

A.     May 6 (Thursday)—60 Day Outreach and Notification Requirements

1.                  The GRVNC shall hold a noticed public meeting on May 6, 2004 to provide information about the GRVNC and to discuss and distribute these election procedures, voter registration forms and other pertinent election information.  Also, 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, IRV Voting Procedure, campaigning procedures and any campaigning restrictions, requirements upon winning office, and any other information the GRVNC determines would be useful.

2.                  No later than May 1, the GRVNC shall mass-distribute by bulk mail a general information flyer containing, at a minimum, information regarding:

a.             The name and general purpose of the GRVNC and announcement of the Board Member elections.

b.            The definition of a GRVNC Stakeholder pursuant to GRVNC Bylaws Article III.

c.             The dates, hours and locations 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.

i.               IRV voting method explanation

j.              As much of the following as is possible

(i)                  GRVNC Introduction

(ii)                Voter Election Guide

(iii)               Status Declaration form

(iv)              Candidate Application form

(v)                Elective Offices

(vi)              Vote-by-mail application form

(vii)             GRVNC Contact list

(viii)           Posting Location(s)

(ix)              Election Timeline / Important Dates

(x)                District Map and instructions to find district

(xi)              Vote-by-mail envelope

3.                  The GRVNC shall post the election information contained in the general information flyer along with a contact telephone number at least at the Vera Davis Center, Cow’s End, Abbot’s Habit, and Gourmet Coffee Warehouse on Rose and via email.

 

B.     May 27 (Thursday)—30 Day Notification and Printed Ballot Filing Deadline

1.                  Deadline for being on the printed ballot is May 27, 2004. 

2.                  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 Brown Act Location and via email and website.

 

C.     June 1 (Tuesday)—Deadline for request to DONE for other than Spanish language assistance at the Election.

 

D.    June 5 (Saturday)—21 Day Outreach and Notification Requirements

No later than June 5, 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, GRVNC candidates info web-page and all candidates’ 100 word statements, Vote-By-Mail application and ballot submission process, write-in candidate procedures, IRV voting explanation and contact numbers for obtaining additional information.  Any GRVNC Initiatives or Referendums or Advisory Measures on the ballot.  Date and location of Candidates Forum.

 

E.     June 13 (Sunday)—Deadline for return of completed Vote-by-mail application to the League of Women Voters.

 

F.      June 20 (Sunday)—7 Day Meet the Candidates / Issues Forum

1.                  Executive Committee “Debates”

2.                  District / At-Large “Statements”

 

G.    June 27 (Sunday)—Election Day

 

H.    June 28 through July 1 (Monday-Thursday): Stakeholder Affidavit Inspection Period

Candidates shall be allowed to inspect all GRVNC Stakeholder Affidavits at a place provided by the IEA.  See “Voter Eligibility” section.

 

I.       July 11 (Sunday)—Deadline for Completion of the Final Official Certified Canvass of Ballots

The deadline for completion of the Final Official Certified Canvass of ballots shall be July 11 (14 days after election day).  See “Official Canvass of Votes” section.

 

IV.              Independent Election Administrator

A.     Identification of the Independent Election Administrator

The League of Women Voters shall serve as the Independent Election Administrator.  As Independent Election Administrator, the League may utilize the staff, material, equipment and facility resources of the GRVNC or DONE to assist them in carrying out the election administration duties and they may consult with the Center for Voting and Democracy on IRV vote counting procedure.  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

The 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.

10.              Resolving challenges to stakeholder status.

 

V.                 Candidate Nomination Process

Candidates must be GRVNC Stakeholders.  A candidate may run for only one GRVNC office at an election.

A.     Nominations for the printed ballot are open from April 27, 2004 through May 27, 2004.

B.      Nominations for the printed ballot are to be made by postal mail at only an address provided by the IEA.  Candidates may email nominations@grvnc.org for automated instructions on mailing nominations via post.

C.     In order to qualify as a candidate, an individual must verify his or her stakeholder status by providing the Independent Elections Administrator with GRVNC Stakeholder Declaration Card, or complete written equivalent with signature. Candidates for District Representative must live in the district for which they are candidate. Mail candidate forms to IEA:

D.     The Independent Elections Administrator is responsible for verifying a candidate’s eligibility and certifying that a candidate has been accepted for inclusion on the printed ballot.

E.      The Independent Elections Administrator 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.  An email will also be sent if the candidate provides an email address.

F.      If the Independent Elections Administrator 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.

G.     A list of candidates certified to appear on the printed ballot shall be posted at the official GRVNC posting location and on the GRVNC website.  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.

 

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.                  All Ballots shall be “legal” size copy paper.  There shall be 7 different ballot types.  All will have the at-large races and ballot measures (if any), but only one of the seven district representative races, each with a distinct color.

a.             District 1: Very Light Red

b.            District 2: Very Light Orange

c.             District 3: Very Light Yellow

d.            District 4: Very Light Green

e.             District 5: Very Light Blue

f.              District 6: Very Light Indigo

g.             District 7: Very Light Violet

2.                  Candidates’ titles must be less than 30 characters in length.

3.                  There shall be a space in every race for a voter to write the name of, and rank, one write-in candidate.

4.                  The ballots shall use the same size, font and color of type for all candidate names.

5.                  The ballots shall use the same size, font and color of type for all candidate titles.

6.                  All ballots shall be uniquely numbered, either at time of printing or at time of issue to voter in order to create a ballot identification process.

7.                  The 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.                  The voters shall be informed within the ballot 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.                  Candidates will be listed on the ballot in Alphabetical order by last name, as in a phone book

10.              The ballot instructions shall be white, 8.5x11 paper containing:

                                                       a.                  Demonstration of IRV voting using fictitious names using same layout format as candidate races on the ballot.

                                                      b.                  Notice that not ranking the candidates, but only marking/indicating a single candidate, will be counted as voter indicating a ranking of 1 (one) for that candidate.

                                                       c.                  Notice that ranking a subset of candidates does not aid those candidates.

                                                      d.                  Encouragement to rank all the candidates for each voted race (but to still choose only one district race) in case the voter’s top choice is eliminated before the final runoff round.

                                                       e.                  Notice of Ballot tracking system and safeguards.

                                                        f.                  Directions to vote for every at-large seat.

                                                       g.                  Directions to CHOOSE ONLY ONE district race if multiple districts are printed on the same ballot.

11.              The ballot shall contain all Initiatives/Referenda/or Advisory Measures placed there by the board.

 

VII.           Campaigning

A.     Use of City Logos Prohibited

The use of the City Seal, DONE logo, any DONE created official certified Neighborhood Council designation, or any GRVNC created logo on candidate campaign materials is prohibited.  Doing so may cause disqualification from the election.

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

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.  Challenges to stakeholder status made during the actual election will be handled pursuant to the Provisional Voting procedures below.

A.     Election Day Voter Registration

1.                  GRVNC bylaws state that stakeholders must sign an affirmation that they are stakeholders when requesting a ballot.  Therefore, all who come to vote on election day will need to sign the new GRVNC Stakeholder Declaration form in order to receive a ballot.

2.                  The IEA shall verify that Election Day voters did not request a Vote-by-mail ballot.

B.     Voter Challenges

1.                  After Election Day, the IEA shall for 4 days make the poll and absentee registration data available for inspection to all unaccompanied candidates.  The list may only be inspected and not copied and may be used by a candidate for purposes of challenging a ballot. It shall not be publicly released unless ordered so by DONE.

2.                  The candidate shall challenge a particular voter in writing, by name, by writing the voters first initial, last name, and voter ID (or ballot) number and the reason for the challenge.  See Provisional Voting Section for reasons a candidate make challenge a voter and how it is to be resolved.

 

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.

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.     Electioneering Activities

Electioneering, including the distribution of campaign literature, is restricted to the designated electioneering area.  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.

F.      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.

G.    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 no later than June 1, 2004.

Any voter may designate another person who is not a candidate in the election to assist him or her in the voting process.

H.    Opening and Closing Announcements

1.                      At 10 AM, the Independent Election Administrator shall announce in a loud voice in front of the polling site that the polls are open.

2.                      At 7:50 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

A.     The voting polls shall be open Sunday, June 27, 10:00AM – 8:00PM

B.     All voters shall sign a new GRVNC Stakeholder Declaration card to affirm their stakeholder status and GRVNC district lived in.

C.     Candidates may challenge the stakeholder-ship of any voter on Election Day and after Election Day.  No other person shall have standing to issue such a challenge.  Upon challenge, the voter may either produce a credential to resolve (as listed under Provisional Voting procedure) or testify to the IEA as to the validity of their stakeholder status.  Upon testifying the IEA shall either resolve the challenge (and issue a ballot to the voter) or delay resolving the challenge until after the election (and issue the voter a provisional ballot).  The IEA may use any method they see fit to aid the resolution of the challenge.  See Provisional Ballot section for details on further resolving.

1.                  Voter Registration will be done in an area away from the polling places so that candidates may observe registration process.

2.                  Candidates may not, under any circumstances, talk to the voter, touch the voter or the voter’s ballot, talk about the voter to anybody except the IEA.  Candidates may only request a challenge to the IEA.

D.     The type and format of the ballot issued will depend on the voter’s stakeholder claim.  If the voter lives in Venice, a colored ballot with the race from voters the indicated district will be issued.  All others voters will be issued a white ballot which contains no district races.

E.      The IEA shall identify the process to allow a voter to obtain a replacement ballot if the original ballot is spoiled or miss-marked.

F.      Procedures that will be implemented to facilitate the participation of seniors, the disabled or other special needs groups in the election are selecting a disabled access polling place and a Vote-by-Mail Component.

G.     Any persons in line outside of the poll at the time of the closing of the polls will be allowed to vote.

H.     Only the Independent Election Administrator or his or her assistants shall be allowed to issue, receive or process ballots from the voter

 

XI.              Vote-By-Mail Procedures

A.     The Vote-By-Mail application will be sent with the 60 day outreach information.  Voters may also obtain one from the Vera Davis Center.  They may also email vote.by.mail@grvnc.org for automated instructions on obtaining and sending a Vote-by-mail application.

B.     In order to obtain a Vote-By-Mail ballot, voters must complete the GRVNC Stakeholder Affidavit and return it along with a Vote-By-Mail application by postal mail to the IEA.  Those who can not afford the postage stamp may inquire at the Vera Davis Center and receive postage for mailing the Vote-by-mail application to the IEA.

C.     The Independent Election Administrator is 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.     The address that the IEA wishes to use for vote-by-mail activities is: ________________________

E.      The Independent Election Administrator will approve the preparation and distribution of a Vote-By-Mail application which contains spaces for the following information:

1.                  GRVNC Stakeholder declaration card information including which of the district seats the stakeholder intends to vote for

2.                  Return pre-printed envelope "Vote by Mail"

3.                  Return ballot,

4.                  Name and date of the election

5.                  The date on or before which the application must be received (to be pre-printed on the application

6.                  The address where the application is to be mailed or delivered (to be pre-printed on the application)

7.                  The ballot may not be distributed until IEA receives full GRVNC voter registration information with signature.

F.      The Vote-By-Mail application shall be available with the 60 day outreach information and must be received from the voter not less than 14 days before the election.

G.     The deadline for vote-by-mail applications to be received by the IEA shall be June 13, 2004.

H.     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 subsection (E)(1-5) above and is received by the application submission deadline.

I.        Candidates may distribute Vote-By-Mail applications but shall not handle the return applications or the Vote-By-Mail ballots.

J.       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:

1.                  The official ballot.

2.                  Voting instructions on how to complete the ballot and return the voted ballot including the submission deadline and the place to mail the completed ballot.  Stakeholders who do not have the money for returning the ballot by mail may inquire at the Vera Davis Center and receive a postage stamp for returning the ballot.  All ballots must be mailed to the IEA and not returned to GRVNC.

3.                  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 Grass Roots Venice Neighborhood Council and I herein enclose my ballot in compliance with the Neighborhood Council Election Procedures” unless the GRVNC Stakeholder Declaration Card has the “perjury” language.  In this case, the affidavit shall simply state “I hereby declare under penalty of perjury that I herein enclose my ballot in compliance with the Neighborhood Council Election Procedures.”

4.                  Instructions to provide a contact number, email, physical location, or contact intermediary in case a challenge should arise as to the voter’s stakeholder-ship.

K.    The Independent Election Administrator shall retain GRVNC Stakeholder Affidavits.

L.      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).

M.   Lists of all persons issued a Vote-By-Mail ballot and all those returning a Vote-By-Mail ballot must be prepared by the IEA and provided to the election day poll workers and after-election workers to ensure no person has voted more than once.

N.    On Election Day at the polling site, a voter shall not be allowed to retrieve and destroy a previously submitted Vote-By-Mail ballot.

 

XII.           Provisional Voting Procedures

Voters may cast a Provisional Ballot according to the following provisions 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.

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, or the person has already voted.

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 Vote-by-mail 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 or that they are not eligible to vote in the district race, the voter may seek to resolve the challenge via any of the means listed below:

1.                  Legal documents such as drivers license, CA ID card

2.                  School ID

3.                  Recent utility bill

4.                  Property tax bill

5.                  Presence on LA County Registrar's Voter List with address in GRVNC Boundaries

6.                  Business license

7.                  An appointment card or a note from a social service provider indicating services received in GRVNC boundaries

8.                  The IEA may also seek assistance from the GRVNC boardwalk committee in locating a voter on the boardwalk.

9.                  Voter may testify to the IEA.

D.     If the IEA does not resolve the challenge immediately, the voter will be offered a provisional ballot.  On the outside of the envelope the voter will provide:

1.                  The voter’s name.

2.                  The voter’s address.

3.                  The voter’s stakeholder status.

4.                  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 and be asked for contact information for requesting assistance or seeking additional information.

F.      The Independent Election Administrator will be responsible for the verification of the Provisional Ballots.

 

XIII.        Write-in Voting Procedures

The ballot shall provide a space for voters to write-in, and rank, one person’s name for every open position in the election.  Should a write-in candidate receive the majority vote in a race, that candidate must complete a GRVNC Stakeholder Declaration in order to be declared winner.  If this candidate fails to do so in a timely manner, the candidate with the 2nd highest number of votes shall be eligible for the seat.

 

XIV.        Instant Runoff Voting and Counting

A.     The Robert’s Rules of Order, 10th Edition, section on “Preference Voting” shall be the basis for the vote counting procedure.

B.     The Independent Election Administrator shall consult with the Center for Voting and Democracy for procedures to handle any ambiguities in the Robert’s Rules description with the following constraints:

                                       i.      Voters may not assign an equal rank to any of the candidates.  Ballots that contain an equal rank will be considered spoiled at the point in time where the equal rank is encountered, if at all.

                                     ii.      In the very unlikely event that in the final runoff round, the remaining candidates are still tied, the race will be decided by coin toss.

C.     Ballots must accommodate the ranking of all candidates for all races.

 

 

XV.           Official Certified Canvass of Votes, Issuance of Results and Ratification of the Election

A.     The Independent Election Administrator shall be responsible for tabulating the ballots.

B.     The Independent Election Administrator shall verify all Provisional and Vote-By-Mail ballots for inclusion in the Final Official Certified Canvass of the votes.

C.     The deadline for completion of the Final Official Certified Canvass including At- Polls ballots and any Provisional and Vote-By-Mail ballots shall be 14 days after the election—July 11.

D.     The Final Official Certified Canvass activities shall 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.

E.      The Independent Election Administrator to submit the Final Official Certified Canvass to GRVNC board (board@grvnc.org) and DONE immediately upon completion.

F.      The final election results shall be announced by the Neighborhood Council and DONE immediately upon receipt of the final election results from the Independent Election Administrator.

G.     The Independent Election Administrator shall notify the candidates of the election results in the method specified on the candidate registration card.

H.     Final Election results shall be announced in the next scheduled “Outreach Newsletter.”

I.        After the election process is complete, the Independent Election Administrator shall provide to GRVNC a Microsoft Excel electronic file in comma-delimited format, of all of the data from the GRVNC stakeholder declaration forms obtained during the election.

 

XVI.        Resolution of Election Challenges

A.     Recount of Votes Cast

1.                  Any candidate may request a recount of the contest in which they were running within 5 days of the completion of the Final Official Certified Canvass by the Independent Election Administrator by filing a written request with DONE.

2.                  The Independent Election Administrator shall conduct the recount within 5 days of receipt from a candidate by DONE of the written request for a Recount.

3.                  Public notice of the location, date and time of the recount shall 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.

4.                  The recount shall be open to public observation, provided that observers must not interfere with or in any way attempt to influence the persons conducting the recount.

5.                  The Independent Election Administer shall certify the recount results to the Neighborhood Council and DONE immediately upon completing the recount.

6.                  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.

B.     Election Challenges

1.                  Any candidate 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:

a.             Identify the basis for the Challenge to the Election.

b.            Identify the candidate issuing the Challenge.

c.             Provide contact information for the candidate issuing the Challenge.

2.                  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.

3.                  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 is 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.

4.                  To serve as the Third Party Arbitrator, the person(s) or organization selected must have attended a training program conducted by DONE.

5.                  Public notice of the receipt of an Election Challenge shall 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.

6.                  The Arbitrator shall 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.

7.                  The findings of the Arbitrator will be final and binding on the Neighborhood Council.

8.                  Immediately upon receipt of the findings of the Arbitrator, DONE shall work with the Neighborhood Council to begin implementing the findings, as necessary, of the Arbitrator.

C.     Seating of Elected Board Members

Newly elected governing board members shall be seated in accordance with the Neighborhood Council bylaws and Election Procedures pending the final results of a recount or an Election Challenge.

 

XVII.     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.

 

XVIII.  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.