§ 1.08.280. Canvassing of ballots.

A.

Opening or Unfolding Ballots. The county board shall not open or unfold any absentee ballot at time prior to the closing of the polls.

B.

Duties of County Board.

1.

Subject to the provisions of subsection (B)(2) of this section, at any time after four p.m. on the Wednesday following election day and not later than the canvass of the votes cast at the regular voting places in the city at any election, the county board shall meet at the usual offices of the county board and shall proceed to count, certify and canvass the absentee ballots contained in the ballot envelopes. Each board of canvassers shall keep the ballots safe from tampering until the canvass is completed. The county board shall take all appropriate and feasible steps to protect the privacy of all absentee ballots.

2.

The canvass may not be completed until all absentee ballots that have been received timely have been counted.

C.

Timely Receipt and Ballot.

1.

Except as provided in subsection D of this section, a ballot shall be considered as received timely, provided:

a.

It has been received by the county board prior to closing of the polls on election day; or

b.

It was mailed on or before election day; or

c.

The United States Postal Service, an army post office, a fleet post office, or the postal service of any other county, has provided verification of that fact by affixing a mark so indicating on the covering envelope; and

d.

The county board receives the ballot from the United States Postal Service not later than four p.m. on the second Friday following election day.

2.

Except as provided in subsection D of this section, any ballot received after the deadline established in this subsection may not be counted.

D.

Ballots Received from Locations Outside United States.

1.

In a primary, general or special election, a ballot received from a location outside the United States shall be considered as received timely provided:

a.

It has been received by the county board from the United States Postal Service not later than four p.m. on the second Friday following the election day; and

b.

It was mailed before election day; and

The United States Postal Service, an army post office, a fleet post office, or the postal service of any other country, has provided verification to that fact by affixing a mark so indicating on the covering envelope.

2.

Any ballot received by mail after the deadline established in this subsection may not be counted.

3.

The commencement of the counting and canvassing process may not be delayed to await receipt of ballots under this subsection.

4.

For the purposes of this subsection, "United States" includes several states, the District of Columbia, the Commonwealth of Puerto Rico and the Virgin Islands but does not include American Samoa, Guam, the Trust Territory of the Pacific Islands, any other territory or possession of the United States, an army post office address or a fleet post office address.

E.

Voter's Affidavit. For the purposes of subsections C and D of this section, a voter's affidavit that the ballot was completed and mailed before election day shall suffice if the postal service of the country from which the ballot was mailed does not provide a postmark on that ballot.

F.

Procedure Generally.

1.

A ballot may not be rejected by the city board except by the unanimous vote of the entire city board.

2.

If the intent of the voter is not clearly demonstrated, only the vote for that office or question shall be rejected.

3.

If the board of canvassers determines a ballot is intentionally marked with an identifying mark the entire ballot shall not be counted.

4.

Any ballot received by mail after the deadlines established in subsections C and D of this section may not be counted.

5.

Absentee ballots may not be separately disclosed or reported by precinct.

6.

All voters' applications, affidavits, certifications, ballot envelopes and ballots shall be kept separate and apart from ballots cast at the regular voting places and retained after the date of election at which they were cast for the time required by federal law, unless prior to that time, the county board is ordered by a court of competent jurisdiction, to keep the same for any longer period.

7.

The county board may appoint such numbers of temporary judges as it may deem necessary to adequately and promptly carry out the provisions of this section.

G.

Ballot Voted for Person Who Has Ceased to Be a Candidate. Any absentee ballot voted for a person who has ceased to be a candidate shall not be counted for such candidate but such vote shall not invalidate the remainder of such ballot.

H.

Ballot Delivered to Wrong Board. If an absentee ballot envelope is delivered to the wrong board, such board shall immediately send said ballot envelope unopened, unmarked and unchanged in any way to the proper board or to the city clerk.

I.

Voter Dying Before Election Day. Whenever the county board determines from proof or investigation that any person who has marked and transmitted or deposited in person with the board an absentee ballot, under the provisions of this chapter, has died before election day, the county board shall not count the ballot of the deceased voter.

J.

Place Ballot in Ballot Box and Entry in Registry—More than One Ballot in Envelope—Marking Ballots.

1.

If the county board determines that the provisions for filling out and signing the oath on the outside of the ballot envelope have been substantially complied with and that the person signing the voter's oath is entitled to vote under this chapter in any city election and has not already voted therein on election day, it shall open the ballot envelope and remove the ballot therefrom and the ballot shall be placed by the county board in a secure place to which the public has no access.

2.

If there be more than one ballot in the ballot envelope, all shall be rejected except when two elections are held on the same day and a voter is voting in both elections and the voter returns both absentee ballots in the ballot envelope provided.

3.

Absentee ballots may be marked by the pencil taped on the absentee ballot.

K.

More than One Ballot Received from Same Person. If the county board receives from the same person prior to the deadline for receipt of absentee ballots more than one absentee ballot, it shall count, certify and canvass only the absentee ballot contained in the ballot envelope on which the voter's oath was first executed and if the oath on two or more of the ballot envelopes containing absentee ballots are dated the same, or if both are undated, none of the ballots received from such person shall be counted.

(Ord. 2060 (part), 2008)