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HomeMy WebLinkAbout2006-11-08 Council Report of Canvass AMENDED MINUTES SPECIAL MEETING OF THE EDINA CITY COUNCIL HELD WEDNESDAY, NOVEMBER 8,2006 AT 5:00 P.M. Mayor Hovland called the meeting to order at 5:00 p.m. Answering rollcall were Members Housh, Hulbert, Masica and Mayor Hovland. Member Swenson entered the meeting at 5:12 p.m. The Council reviewed the results from the November 7, 2006, City Election. Member Swenson made a motion, seconded by Mayor Hovland to accept the Report of Canvass as follows: REPORT OF CANVASS OF ELECTION RETURNS FOR THE CITY OF EDINA ELECTION HELD ON TUESDAY, NOVEMBER 7, 2006 The Edina City Council inspected and compared the summary statements certified by the Election Judges with the General Election Returns for the City of Edina Election held on Tuesday, November 7, 2006. The votes cast were certified as follows: with Joni Bennett and Scot A. Housh elected to terms as Council Members for four year terms commencing January 2, 2007. GENERAL ELECTION RETURNS 2006 CITY ELECTION COUNCIL MEMBER- FOUR YEAR TERM Pct. No JOHNSON BENNETT HOUSH HULBERT 1A 316 456 477 408 1B 404 504 717 550 2 265 489 412 417 3 435 560 821 567 4 201 927 461 429 5 317 562 856 576 6 312 552 675 547 7 235 388 437 335 8 329 534 617 458 9 327 555 459 477 10 287 447 572 472 11 364 627 675 567 12 164 502 299 507 Minutes/Edina City Council/November 8, 2006 Pct. No JOHNSON BENNETT HOUSH HULBERT 13 201 351 184 355 14 320 587 466 493 15 347 509 708 589 16 234 609 369 580 17 414 733 270 649 18 246 519 221 511 19 159 220 273 258 Totals 5877 10631 9969 9745 Ayes: Housh, Masica, Swenson, Hovland Nay: Hulbert Member Hulbert indicated that she might ask for a recount of the votes. Manager Hughes explained that according to M.S. 204C.34 a recount was discretionary and must be requested in writing after the City Council certifies the election return. A candidate desiring a recount would have one week after the meeting of the canvassing board to request a recount in writing. Mr. Hughes added that there were varying opinions on who would be responsible for the cost of a recount, but if the difference in the spread between the two candidates was less than one half of one percent of the total number of votes counted, then the cost of the recount would be the City's. However, if the spread were greater than one half of one percent of the total votes counted for the office, the cost of the recount would be the candidates. He added the fuzzy part of the law was a half of a percent of what. Mr. Hughes noted that based upon the law and Ms. Mangeri s preliminary checking with other election officials and the County the half of one percent would be based upon 52,486. He said that was a subject of interpretation of law and we may need to seek further help in this interpretation. However, that would not change anything in the process of requesting the recount or actually recounting the ballots, it might only change the responsibility for paying for the recount. See attached "Excerpt of Transcription of Meeting November 8, 2006 - Election Canvass" The Council discussed the method and logistics of a potential recount. Mayor Hovland declared the meeting adjourned at 5:45 p.m. Respectfully submitted, Debra X. Ma' en, City Clerk Excerpt of Transcription of Meeting November 8, 2006—Election Canvass Member Masica asked what Member Hulbert was voting nay on?Member Hulbert replied that she was voting nay on certifying this. She asked if that was not appropriate? Member Masica replied no, she was just wondering if there was any discussion. Member Hulbert stated she was going to request a recount. I think it's a very close race and considering the kind of errors made earlier on, I'd like to have a recount done. My understanding of the process is that it can't be done until after this meeting. Member Masica said so it has to be certified and then you can challenge? Mayor Hovland said he thought the certification was part of the process of`unintelligible"the right to a recount. Member Hulbert said you'd look a little odd saying you agreed with the ballot and then later on that you wanted it recounted so pick one side of the fence or the other here. Member Swenson asked if the rules for recount were the same as she heard Mary Kiffineyer stating on public radio. Ms. Mangen,said she wasn't sure not knowing what Ms. Kiffineyer stated on public radio. Member Masica stated she was not probably in a good mood. Member Swenson said it depends upon the percent of different. Ms. Mangen agreed that it depended upon the per cent of difference,uh,206.C. Mr. Hughes corrected that it was 204C. He said he just jotted some notes on it. After the Council does the canvassing board and certifies then a candidate can request a recount. The recount is required if the candidate so requests. If the spread between the two candidates is less than a half of one per cent of the total number of votes counted, so uh, the candidate must request a recount in writing,that request must be made to the City Clerk within seven days of the canvass, this meeting so in essence the candidate would have until 5:00 p.m. next Wednesday. The City Clerk then determines the method, whether it's actual hand you know manual recount or some sort of electronic recount. And then after the clerk gets notice or gets the request, and has a recount scheduled, then the notice has to include the date, starting time, location of the recount and the name of the official performing the recount and the notice has to state that the recount is open to the public. That's kind of the process. Member Masica asked exactly how is that done, Deb? Ms. Mangen replied, well, if I were to receive a request for a recount then, it would be up to me to determine where and when that that would happen. Because I would have to bring staff in to do. I would after. From my experience we would not do a machine recount, because if I were to do that, I would have to do preliminary testing of all twenty precincts again. And I would have to make test decks of up to 50 ballots for each precinct which in my mind would take, I only had to make decks of 17 ballots and it took three of us a good four full days to build the decks and do the preliminary testing. So I would do a hand recount, so I would need to bring in a number of teams and train them, because my judges have been trained in optical scan, but not in paper ballots so I would need to do some kind of training of the hand count. We would just do a hand count of that office and that's through what is commonly referred to a piling method. Where you basically make piles, you get piles of 25 and pass them to the next person to count and then the total would be compared to the machine count. I guess I would have to say that based on my preliminary recount is right on. I did preliminary testing, I put together a spreadsheet and build a test deck and then I test the back up card, and then I test the original card that goes out and gets counted for every precinct. And they are all right on, because I would not send them out unless they were right on, so I see no reason to do a machine recount, its too expensive. So if we have a recount requested we will do a paper method. As I said,the numbers today have been proofed by two people. Mr. Hughes questioned the recount is actually performed by election judges so you would bring back in teams of judges. Ms. Mangen replied that was right. 3 Excerpt of Transcription of Meeting November 8, 2006—Election Canvass Member Swenson asked if the recount was done by precinct so you get a recount of every precinct. Ms. Mangen replied correct and added the person who is asking for the recount to be done can ask for a particular precinct if there was some question. We can look at that particular precinct first, if that would offer some comfort. Mr. Hughes said and thereby the person could say, Stop the recount, now I am satisfied. Ms. Mangen replied right. He said this has happened where you might have a precinct that was really suspect for some reason and if they verify that that precinct was accurate then it could stop, or it goes through the entire thing. There are not judges necessarily from each precinct that do the recount. I think what Deb said is that she'd put together a team of say five or six teams of judges regardless of where they came from in the City. And, then they would perform the recount precinct by precinct. Ms. Mangen, said if was kind of a scheduling thing, she would have to get in contact with those people get a room and at the same time this is the first year since January Is' of this year that cities have was is called PEER review and that means on the 14th of November, Hennepin County after they canvass will select four precinct at random to have a hand count of three offices, governor, the two federal offices. We have a 20 in 400 chance of having one-four or none of our precincts selected for review. If any of those precincts are off by one half of one percent then it would trigger additional precincts being hand counted. It could keep triggering until an entire county would be recounted. Mr. Hughes said the only other thing that he would mention was the half of a percent threshold. The significance of that was if the margin of difference is less than a half of a percent, then it's the city's obligation to do the recount as a matter of law. If the spread is more than a half of a percent,then it's the candidate's responsibility to pay for the cost of the recount. The fuzzy part of the law is a half a percent of what. And what the law says is a half a percent of the total number of votes counted in that category and different people may have different interpretations of the total count is for that race. Member Swenson so is that 10,631 because is what the total... or is that the total of all four divided by four. Ms. Mangen said it's the total of all votes counted for the office. Mr. Hughes said we would interpret that the total votes for the office was 52,486 and thankfully we don't a lot experience with recounts. Member Housh said the undervote,those people didn't vote. Ms. Mangen, some people would say they go cast a ballot with no candidates and that is my vote. Mr. Hughes said if you read the law and based upon Deb's preliminary checking today with other election officials and the county, the half percent would be based on the 52,486. Now that is a subject of interpretation of the law and we may have to seek people smarter than us to help us understand what that is. That does not change whether or not you recount and it does not change the process for the recount. The significance is it could switch from the City has to pay the cost to the candidate having to pay the cost of the recount. He added he did not mean to minimize that but that is the effect, it does not affect the standing of the person to ask the standing to ask the recount. Mayor Hovland said that all the recount activity triggers off the candidate's request for a recount. Mr. Hughes replied that was correct. Mayor Hovland said it was not an automatic recount it you fell within the percentage. Mr. Hughes said right, it always has to be requested by the candidate. Ms. Mangen said she was guessing a recount would cost between $5,000410,000. She said she really did not know, she would have to bring in 12 people, that would be $120/hour for probably 20 hours. It could go faster or slower, plus election staff, storage, overhead costs.