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November 8,
2005 North Liberty City Election:
Recount and Contested Election
January 6, 2006: Contest court met and issued rulings; Franker and
Wozniak sworn in.
Dec. 22, 2005: Contest trials scheduled for January 6, 2006, 9 a.m. in Board of
Supervisors Meeting Room, 913 S. Dubuque St.
Dec. 9, 2005: Judge David Remley, Chief Presiding Judge of the Sixth
Judicial District, has named L. Jay Stein as the third and presiding member of
the contest courts for the contested elections for North Liberty mayor and city
council.
On December 8, R. Bruce Haupert recused himself from the contest court
due to a conflict of interest.
Judge Remley's orders:
Procedure
for contesting city elections, dates and events
TIME
LINE
Contest
for Mayor, filed by: Matthew Bahl
Nov. 17th
Contest filed.
Nov. 18th Contestant
named person to serve as judge on his behalf.
-
Person named: Lori
A. Meyer
Nov.
29 Incumbent David Franker
named person to serve as judge on his behalf.
-
Person named: Christopher
J. Liebig
If incumbent
fails to name judge,
the Chief Judge of District Court will name one within one week of being
notified (62.1A).
Dec.
2 The
two judges have 3 days to name 3rd judge, who will serve as the presiding judge.
(62.1A)
If they fail to appoint a 3rd judge within 3 days of their initial
meeting the Chief Judge of District Court will designate a presiding judge
within one week.
Dec. 9 Judge Remley appoints L. Jay Stein as presiding judge.
Dec. 22: Contest trials scheduled for January 6, 2006, 9 a.m. in Board of
Supervisors Meeting Room, 913 S. Dubuque St.
Dec.27: incumbent must be
serviced notice with a copy of contestant’s statement at least 10 days before
trial.
Jan. 6: Trial. 9 a.m., Board of
Supervisors Meeting Room, 913 S. Dubuque St.
Not more than 30 days after
presiding judge appointed. (62.9)
If trial set less than 20 days from
date notice is given of presiding judge, upon request of either party the
presiding judge shall delay trial. (62.9)
Jan.
The successful party
shall qualify within 10 days after the decision is rendered (sworn in under
oath).
Contest
for Council, filed by: Robert Gardiner
Nov. 17th
Contest filed
Nov.
18th Contestant named person
to serve as judge on his behalf.
-
Person named: Elizabeth
E. Saxton
Nov. 29 Incumbent James Wozniak named person to serve as judge on his behalf.
-
Person named: Mark Schantz
If incumbent
fails to name judge,
the Chief Judge of District Court will name one within one week of being
notified (62.1A)
Dec.
2 The two
judges have 3 days to name 3rd judge, who will serve as the presiding judge.
(62.1A)
If they fail to appoint a 3rd judge within 3 days of their initial meeting
the Chief Judge of District Court will designate a presiding judge within one
week.
Dec. 9 Judge Remley appoints L. Jay Stein as presiding judge.
Dec. 22: Contest trials scheduled for January 6, 2006, 9 a.m. in Board of
Supervisors Meeting Room, 913 S. Dubuque St.
Dec.27: incumbent must be
serviced notice with a copy of contestant’s statement at least 10 days before
trial.
Jan. 6: Trial. 9 a.m., Board of
Supervisors Meeting Room, 913 S. Dubuque St.
Not more than 30 days after
presiding judge appointed. (62.9)
If trial set less than 20 days from
date notice is given of presiding judge, upon request of either party the
presiding judge shall delay trial. (62.9)
Jan.
The successful party
shall qualify within 10 days after the decision is rendered (sworn in under
oath).
Procedure
to bring a contest [376.10]
A nomination or election to a city office may be
contested in the manner provided in Chapter 62 for contesting elections to
county offices, except that a statement of intent to contest must be filed
with the City Clerk within ten days after the nomination or election. [376.10]
GROUNDS
TO BRING A CONTEST [57.1 (2) (a) (h)]
1. Misconduct, fraud or
corruption on the part of any election official, or of any Board of Canvassers
of any sufficient magnitude to change the result of the election.
2. That the incumbent
was not
eligible to the office in question at the time of the election.
3. That prior to the election
the incumbent had been duly convicted of a felony (701.7) and that the judgment
had not been reversed, annulled, or set aside, nor the incumbent
pardoned or
restored to the rights of citizenship by the Governor under chapter 914.
4. That the incumbent
has
given or offered to any elector or any precinct election official or canvasser
of the election, any bribe or award in money, property, or thing of value, for
the purpose of procuring the incumbent’s election.
5. That illegal votes have
been received or legal votes rejected at the polls, sufficient to change the
result of the election.
6. Any error in any board of
canvasser in counting the votes, or in declaring the results of the election, if
the error would affect the result.
7. That the public measure or
office was not authorized or required by state law to appear on the ballot at
the election being contested.
8. Any other cause or
allegation which, if sustained, would show that a person other than the
incumbent was the person duly elected to the office in question.
Requirements
to bring the contest are set out in (62.5)
1. Within 20
days after the Canvass the contestant shall file with the Commissioner a written statement of Intent to Contest.
If a recount is held for the office
in question, and the recount board finds that the winner other than the person
declared at the original canvass of votes, a contest may be filed within 20 days
after the Board of Supervisors declares a winner from the recount of votes.
2. The contestant’s statement shall include the following:
a. Name of contestant and that they are qualified to hold such office.
b. Name of incumbent (Incumbents are defined as any person canvassers have declared as elected. IA Code section 57.3)
c. Office contested
d. Date of election
e. Particular cause of contest according to 57.1 subsection 2.
- If a cause of the contest is an
allegation that illegal votes were received or legal votes were rejected, a
statement shall be included with names of persons who are alleged to have voted
illegally or whose votes were rejected and the precinct where they voted or
offered to vote.
f. The affidavit of the contestant, or some elector of the county, affirming the causes set forth are true.
Bond
and payment for costs are set out in (62.6)
File a bond with the Auditor with
security to be approved by the Auditor and conditioned to pay all costs in the
case the election is confirmed, or statement dismissed, or prosecution fails.
Certificates
of Election Issuance (57.2)
If notice of the contest is filed
before certificates are delivered to the incumbent then the certificates shall
be withheld until a determination of the contest.
Duplicate abstracts shall be withheld as well.
If the certificate of election or
duplicate abstract and declaration have been issued, the Commissioner shall send
the persons or political subdivisions affected by the notice of contest a
statement advising them that the election is being contested and that the
certificate or duplicate abstract and declaration are not valid until the
election contest is resolved.
Incumbents
are defined as any person
canvassers have declared as elected. (57.3)
COURT
ESTABLISHED FOR TRIAL TO HEAR CONTEST
(62.1A)
1 person named by contestant
1 person named by incumbent
If incumbent fails to name a judge
the Chief Judge of District Court shall designate within one week of being
notified.
The two above named judges must
meet within 3 days and select a 3rd judge to serve as the Presiding Officer.
If these two judges can’t agree
within 3 days of their initial meeting, the Chief Judge of District Court will
designate a presiding judge within one week of notification.
Trial
Process
Judges: Must be sworn in (62.2)
Clerk:
The Auditor keeps the papers and records of the proceedings in the
election book. (62.3)
Notice:
presiding judge
fixes the trial
date not more than 30 days
thereafter.
Serves notice on the incumbent
with a copy of the contestant’s statement at least 10 days before the trial.
If trial set for less than 20 days
from date notice given and either party not ready, presiding judge shall
delay trial. (62.9)
Postponement capacity see (62.2)
Where:
Trial held at County Seat (62.10)
COURT
CONTEST PROCEDURE:
Power
of District Court (62.13)
The proceedings shall be
assimilated to those in an action, so far as practicable, but shall be under the
control and direction of the court, which shall have all the powers of the
district court necessary to the right hearing and determination of the matter.
Witnesses can be subpoenaed.
Witnesses can be compelled to
attend.
Witnesses will be sworn in, direct
exam can be given, can be punished for contempt.
Court can adjourn from day to day
Court can make any order concerning
intermediate costs and to enforce its orders by attachment.
Court shall be governed by the
rules of evidence and law applicable to the case
Voters can be called as witnesses.
(62.17)
Testimony can be oral or by
deposition.
Recanvass:
Parties shall have the right to open and count ballots and to have all
errors corrected. (57.5)
Judgment
(62.18)
Whether the incumbent or any other
person was duly elected and that person elected is entitled to certificate.
Court can annul already granted
certificates.
Court can set aside election if it
finds no one elected.
Not sufficient to set aside an
election unless rejection of a vote of that precinct will change the result to
that office. (57.4)
Enforcement
(62.19)
The court has the power to issue an
order to carry into effect the judgment of the court, under the seal of the
County.
The court then commands the Sheriff
to put the successful party into possession of the office without delay and
deliver to the successful party all books and papers belonging to such.
Appeal
(62.20)
20 days to appeal from date of
judgment
It will not suspend the judgment of
the court unless the party gives a bond with security fixed and approved by a
District Court Judge. It will be at
least double the probable compensation of such officer for 6 months.
The case must be prosecuted without
delay.
Costs
The style, form, and manner of
service of processing papers, and the fees of officers and witnesses, shall be
the same as in the District Court, so far as the nature of the case admits. (62.
22)
1. The judges shall be entitled to receive $100 per day for the time occupied by the trial.
2.
The contestant and incumbent are responsible for the expenses of the witnesses
called by them, respectively. If the
results of the election are upheld by the contest, if the statement is
dismissed, or if the prosecution fails, the costs of contest shall be paid by
the contestant. If the court or the
tribunal trying the contest determines that the contestant won the election, or
if the election is set aside, the cost of the contest shall be paid by the
county.
3. A transcript may be filed and recorded in the office of the Clerk of
the District Court and shall have the effect of a judgment of that court and
execution may issue thereon.
November
8, 2005 City Election: North Liberty Recount Results
| |
total |
NL01 |
NL02 |
Absentee |
Provisional |
| Matthew J. Bahl |
338 |
141 |
183 |
14 |
0 |
| Thomas A. Salm |
285 |
97 |
176 |
12 |
0 |
| WRITE IN TOTAL |
380 |
194 |
159 |
25 |
2 |
| |
|
|
|
|
|
| Write In Candidates |
380 |
|
|
|
|
| David Franker |
366 |
|
|
|
|
| Other write in |
14 |
|
|
|
|
| |
|
|
|
|
|
| Total Votes For Mayor |
1003 |
432 |
518 |
51 |
2 |
Candidate Thomas Salm requested a recount of the November 8, 2005
election for North Liberty Mayor.
The recount was conducted by a board of three members. One member was designated by the candidate requesting the recount and one member
was
designated by the apparent winner, David Franker. The third member was selected by the two candidate designees.
- Designee of Mr. Salm: Erek Sittig
- Designee of Mr. Franker: Betty Moey
- Third designee chosen by Sittig and Moey: Audrey Moeller
The recount was on Friday, November 18, 2005 at 2:00 p.m. in the Board of
Supervisors meeting room at the County Administration Building, 913 S. Dubuque
St., Iowa City.
The Auditor's Office staff and pollworkers assisted with the recount, but
all decisions were made by the recount board.
Original results from canvass, November 15
| Precinct |
Voters
|
Dave Franker
(write in) *
|
Matthew J. Bahl
|
Thomas A. Salm
|
Other
write in
|
| NL01 Comm
Center |
446 |
189 |
44% |
141 |
33% |
97 |
22% |
5 |
| NL02
Council Chambers |
532 |
155 |
30% |
183 |
35% |
176 |
34% |
4 |
| Early |
51 |
23 |
46% |
14 |
28% |
12 |
24% |
1 |
| TOTAL (incl.
2 provisional) |
1,031 |
369 |
37% |
338 |
34% |
285 |
28% |
10 |
* Spelling variations: Franker (203), David Franker (133), Dave Franker (23),
Dave Franken (4), Franken (2), D. Franker (1), Dave Frankner (1)
Iowa Administrative Code:
Counting Write-In Votes
721—26.20(5) Names. The officials
tabulating write–in votes shall disregard misspellings or variations in names
or abbreviations for write–in candidates and shall count the variations in the
form of the name for a single person if the officials can determine for whom the
write–in votes were cast. Write–in votes for fictitious characters
shall be tabulated as written.
The cost of a recount is paid by the jurisdiction conducting the election, in
this case the city of North Liberty.
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