111292 Canvas Board-Recount
MAYOR
Barb' Brancel
COUNCI L
Kristi Stover
Bob Gagne
Rob Daugherty
Daniel Lewis
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOP, MINNESOTA 5?331 · (612) 474-3236
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NOTICE
1992 ELECTION RECOUNT
City of Shorewood
Council Chambers
5755 country Club Road
Thursday, November 12, 1992
startinq at 8:30 ~
The office of Mayor for the City of Shorewood
City Official: Sue Niccum
1992-1994 term
u . rah e ,_ary o' k ".'_
M4#IJ~r~
Please note that: these proceedings ar'e public.
al
11/09/92
A Residential Community on Lake Minnetonka's South Shore
SUMMARY RECOUNT
CANVASSiNG BOARD RESULTS
Thursday, November 12, 1992
\
council Chambers, City Hall
5755 Country Club Road
City of Shorewood Election Recount held on Thursdav. November 12.
1992, in the County of Hennepin, state of Minnesota.
At an Election held in Precincts i, ii, iii, and iV, the following
named persons or propositions recei ved the number of votes as
indicated below:
NUMBER OF BALLOTS RECOUNTED PER PRECiNCT:
OFFICE
Mayor
PCT I
Barb Brancel
~
Jerry L Brecke.~Et3
PCT II
874:-
829
PCT III
AM-
ill
ORiGiNAL COUNT ON TUESDAY, NOVEMBER 3, 1992
OFFICE PCT I
Mayor
Barb Brancel 458
Jerry L Brecke 383
PCT II
874
823
PCT III
453
541
PCT IV
TOTAL VOTES
M
53
-lM9-
--180b
PCT IV
TOTAL VOTES
63
1848
53
1800
DIFFERENCE OF BALLOTS RECOUNTED PER PRECINCT (plus or minus):
OFFICE PCT I
Mayor
Barb Brancel 0
Jerry L Brecke 0
PCT II
o
~
PCT III
:tL
-.iL
PCT IV
TOTAL VOTES
Q
o
...:J-I
+-b
I, the undersigned city Clerk of the City of Shorewood do hereby
certify that all of the ballots cast at the GENERAL ELECTION
held on November 3. 1992 were carefully and properly piled,
checked and counted, and that the number of votes marked opposite
the respective names of the candidates or propositions, correctly
shows the number of votes cast. .
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city Administrator/Clerk
signed:
Title:
Date: November 12. 1992
of the City of Shorewood
Minnesota, 55331
. 1
CITY OF SHOREWOOD
General/Municipal Election
position: Mayor
Candidate contesting: Jerry L. Brecke
Time:
Thursday, November 12, 1992
M~ am-~
Date:
Place:
City council Chambers
5755 Country Club Road
Public invited
city Official Assigned: sue Niccum, Election Coordinator
Election Judges: (2) names to be advised
Count to be done manually and each precinct done separately.
Then total all precincts.
New summary form for Canvass Board Recount Results (use same set up
as general election). see attached sample
Note to City Attorney Tim Keane - please review the above and let
me know if I am missing anything. Also the final date, time and
assigned official is the decision of the City Administrator/clerk.
Therefore, at this time nothinq is set. Jk1~ I
PLEASE REVIEW AND ADVISE ~ ~111.llq~
..
SUMMARY RECOUNT
CANVASSING BOARD RESULTS
Thursday, November 12, 1992
council Chambers, city Hall
5755 Country Club Road
City of Shorewood Election Recount held on Thursdav. November 12.
1992, in the County of Hennepin, state of Minnesota.
At an Election held in Precincts I, II, III, and IV, the following
named persons or propositions received the number of votes as
indicated below:
OFFICE
Mavor
PCT I
PCT II
PCT III
PCT IV
TOTAL VOTES
NUMBER OF BALLOTS RECOUNTED PER PRECINCT:
Barb Brancel
Jerrv L Brecke
I, the undersigned City Clerk of the City of Shorewood do hereby
certify that all of the ballots cast at the GENERAL ELECTION
held on November 3. 1992 were carefully and properly piled,
checked and counted, and that the number of votes marked opposite
the respective names of the candidates or propositions, correctly
shows the number of votes cast.
Signed:
Date: November 12. 1992
Title:
City Administrator/Clerk of the City of Shorewood
Minnesota, 55331
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CITY OF ' ~.
SHOREWOOD ~(j
.j (612) 474-3236
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNES
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NOTICE
ELECTION RECOUNT
City of Shorewood
Council Chambers
5755 Country Dub Road
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Mayoral Position
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A Residential Community on Lake Minnetonka's South Shore
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NOTICE
1992 ELECTION RECOUNT
City of Shorewood
council Chambers
5755 Country Club Road
Thursday, November 12, 1992
starting at 8:30 am
The office of Mayor for the City of Shorewood
1992-1994 term
There will be four election judges conducting the recount.
Please note that these proceedings are public.
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11/10/92
November 10, 1992
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RE: Financial Report
Municipal Election 1992
City of Shorewood
A reminder to complete your campaign financial report in accordance
with Minnesota state statutes Chapter 211A and 211B. We have extra
manuals from the state if you need one please call.
Should you have any questions please contact your election official
or Secretary of State, Election Division (612) 296-2805.
Thank you,
. Ig,. .(]f~
~~ Latter
Deputy Clerk
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No. 20S-Notlce of Election or Appointment to Office.
Miller-Davis Co., Minneapolis
To...............B..t.:u.C.~.....E..,.....:B..~.l1.S..Q.11...................................of the ;V~}~ } of...........H~.nn~.p..i.Il.................................. County
of........................Henn.ep.in............................state of Minnesota:
Iou art t;rrrht! N ottftrll. That on the.......................3..t:d....................day of...............N.o:v.emb.e.t:...............................
A. D. 19...9..2..., you were duly............... E.l.e. c.t.e.d................ to the office of.............C.Qu.n.c.i.l...Ue.mb..e.t:............................
in and for sai~ ;Jzi~/3 /} of...........,S.b..QJ.".e'w.Qd.............................................................................................................................................
.......................................................................................................................................................................................................
......................................................
.......:...............................................................................................................................................................................................
......................................................
Given under my hand and- seal this ...... ................LO'.th............day of................N.o:v.emb.e.r.........................1. D. 1!J..92..
..................................................;,1.............:.............;.............................................
.r.C:.~~lerlc.
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No. 20S-Notlce of Election or Appointment to Office.
Miller-Davis Co., Minneapolis
To...............K.rJ~J;...t.....~.t.9.Y..~I...........................................of the ;V~}~ } of.............~.h.Q.I..~.w..Q9..~............................... County
of.............~~.?~.~.P...~.?.......................................sta te of Minnesota:
2\tou tor" ih"r"btt Mott-ft".." That on the 3 '4d day o'P l\T oy..e.mb.e.J:....................................
!! ".,l; Ilif'~ ~ ~.1;"1 ,,1I. ....................... ..j.... .................... 'J ...........uL1. .
A. D. 19...9.2.., you were duly...............E.l.ec.t.e.d................to the office of.........G.Q.unc.il....Memb.e.r................................
;n and for sa;r' City } of Sho"'et"Qod . ..... ...............................................................................................................
. . .'" rfllpP? d............. . . ..... x.. .. . .................... .
........................................................................................................................................
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.................................................................................................................
Given under my hand and seal this ........l.Oth.....................day of...................N.oy..emb.er...................A. D.. 19..9.2..
F;..c~~;:;~.-..
Canvassing Board: City Election
Unless a charter provides otherwise, within two
days after the city general election, the council
must meet as a canvassing board and declare the
results of the election as they appear upon the face
of the election returns. 98 The council has no au-
thority to recount or inspect the ballots, either
while sitting as a canvassing board or otherwise
(except in the case of recounts). If there is an ob-
vious mistake on the face of the returns, the coun-
cil may send the record back to the judges for cor-
rection, but neither the council nor the judges have
authorit y to recount or recheck the ballots.
Once the council has announced the resulLs of
the election and notified candidates of their elec-
tion, a challenge needs to go through in the district
court of the county, with the exception of the
recount procedure described here under
"Contested Elections."
The city council must inspect voting machine
counters and compare them with election returns
as a part of the council's canvassing duties. 99
A plurality of votes is sufficient to elect. This
means that the candidate receiving the highest
number of votes, whether or not that number
equals a majority, is elected. If the election results
in a tie, then the winner should be determined by
lot in the presence of the council acting as the can-
vassing board.
At least seven days after. the,c?uncil completes
the canv~~9fthe,vote_ka~f ".' .
the cleJi;.......,issueaeertificate of electiontc:f.,
each successful canl;iidate. If an election is con-
tested, the clerk shoulq ,l,loLissue a certificate of
eJection for the officOl"iuntilafter the court has
determined a winner. The clerk may not destroy
the ballots or other election materials until the
courts have made a final determination.
After sending certificates of election to the suc-
cessful candidates, the clerk must also certify the
results to the county auditor.
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OXTY OF SHOREWOOn ~ ~. ~ .
General/Municipal Election Recount ~
position: Mayor
Candidate Oontesting: Jerry L. Breake.
Date:
Thurs4ay, November 12, 1992
~~~
--10 f 00 all ~
Time:
I
City Oounail chambers
5755 Country Club Road
PUblic invited
Pla.oe:
City Offici.l Assigned; Sue Niccum, Election cOQrdinator
Eleotion JudgGs: (2) names to be advised
Count to be done manually and each preoinot 40ne separately.
Then total all precincts.
New summary form for Canvass Board Reoount Results (use same set up
as general election). see attaohed sample
Note to city Attorney Tim Reane - please review the above and let
me know if I am missing anything. Also the final date, time and
assiqned official is the deoision of the City Administrator/Clerk.
Therefore, at this time nothing is set.
PLEASE REVIEW AND ADVISE
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CANVASSING BOA~D RESOLTS
Thursday, November 12, 1992
Council Chambers, City Hall
5755 Country Club Road
city of Shorewood Election Recount held on ThursdaYI November 121
1!ia, in the County of Hennepin, State of Minnesota.
At an Election held in Precinots X, II, III, and IV, the following
named persons or propositions received the number of votes as
indioated below:
OFPICE
Mayor
peT r
peT II
PCT III
peT IV
TOTAL VOTES
NUMBER O~ ~ALLOTS nECOUNTED PEn PRECINCT:
Bar:.b 12rancel
J.erry L Bl.'eS;M
I, the undersigned city Clerk of the city of Shorewood do hereby
certify that all of the ballots cast at the ~ENERAL ELECTION
held on November 311 1992 were carefully. and properly piled,
checked and counted, and that the number of votes marked opposite
the respective names of the candidates or propositions, correctly
shows the number of votes cast.
Signed:
Title:
Date: November 12,' 1992 ~__,_
~ Ad~inistrator/Clerk of the city of Shorewood
Minnesota, 55331
~
ELECTION
TRANSFER CASE CERTIFICATION
,19____
Transfer Case Seal #
County Hennepin
Ward Precinct
City/Town Shorewood
We hereby certify that the voted ballots and election
materials as provided by law and regulations of
Secretary of State are contained herein and the case
was sealed in accordance to law.
--------~_._--------_.-~-~----------_.._._--~-------_.~-_._-_._--------~-- -
--....----.---.----
ELECTION
TRANSFER CASE CERTIFICATION
,19_
Transfer Case Seal #
County Hennepin
Ward Precinct
City/Town Shorewood
We hereby certify that the voted ballots and election
materials as provided by law and regulations of
Secretary of State are contained herein and the case
was sealed in accordance to law.
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ELECTION
TRANSFER CASE CERTIFICATION
,19_
Transfer Case Seal #
County Hennepin
Ward Precinct
City/Town Shorewood
We hereby certify that the voted ballots and election
materials as provided by law and regulations of
Secretary of State are contained herein and the case
was sealed in accordance to law.
.....
NOVEMBER 12, 1992
ELECTION'RECOUNT
CITY OF SHOREWOOD
2 YEAR TERM FOR MAYOR
PRECINCT 1
BRANCEL
BRECKE
OVERVOTES
BlANK
WRITE-IN
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We, the undersiKD:ed judges of the Ci,ty of Shorewood Recount for Mayor, do hereby certify that on
November 12, 19"92, die votes cast on the electronic voting machines were recounted in accordance with
Minnesota Statutes 204C.35, Subd. 1, and the Rules of the Secretary of State.. The votes cast and
recounted for the Office of Mayor for Barb Branacel are dilly recorded above and are a true
determination of the votes cast m the official recount as prescribed by law. Witness our official
signature at the City of Shorewood.
Judge
Judge
Election Official
Judge f!J~ ~,,,.~...
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"Y\Jl:c: l U'VL .-c:. Datel aJ< _ 1 V
NOVEMBER 12, 1992
ELECTION -RECOUNT
CITY OF SHOREWOOD
2 YEAR TERM FOR MAYOR
COUNT SHEET - BRECKE
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PRECINCT 1
We, the undersizn:ed judges of the City of Shorewood Recount for Mayor, do hereby certify that on
Nqvember 12, 1992, die votes cast on the electronic voting machines were recounted in accordance with
Minnesota Statutes 204C.357- Subd. 1, and the Ru1es of the Secretary of State. The votes cast and
recounted for the Office or Mayor for Jerry L. Brecke are duly recorded above and are a true
determination of the votes cast m the offiCIal recount as prescribed by law. Witness our official
signature at the Ci of S ood.
Judge
Judge
Election Official
~,
NOVEMBER 12, 1992
ELECTION'RECOUNT
CITY OF SHOREWOOD
2 YEAR TERM FOR MAYOR
COUNT SHEET - BRANCEL
Ir:~s-t'"
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PRECINCT 1
We, the unders~ed judges of the City of Shorewood Recount for Mayor, do hereby certify that on
November 12, 1992, die votes cast on the electronic voting machines were recounted in accordance with
Minnesota Statutes 204C.35, Subd. 1, and the Rules of the Secretary of State. The votes cast and
recounted for the Office of Mayor for Barb Brancel are duly recorded above and are a true
determination of the votes cast in the official recount as rescribe law. Witness our official
Si~a~.at./he Ci~ of ShoreW.OOd.
Judge . .,~~ Judge
Judge . .. ". , Judg
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Election Official SIlE1 -rutCl ~
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NOVEMBER 12, 1992
ELECTION RECOUNT
CITY OF SHOREWOOD
2 YEAR TERM FOR MAYOR
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PRECINCT 2
BRANCEL
BRECKE
OVERVOTES
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WRITE-IN
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We, the undersizned judges of the Ci:tY of Shorewood Recount for Mayor, do hereby certify that on
November 12, 1992, tlie votes cast on the electronic voting machines were recounted in accordance with
Minnesota Statutes 204C.35, Subd. 1, and the Rules of the Secretary of State. The votes cast and
recounted for the Office of Mayor for Barb Branacel are duly recorded above and are a true
determination of the votes cast m the official recount as prescnbed by law. Witness our official
signature at the City of Shorewood.
udge
Judge
Election Offl . I
Judge
Judge
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NOVEMBER 12, 1992
ELECTION RECOUNT
CITY OF SHOREWOOD
2 YEAR TERM FOR MAYOR
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We, the undersi~ed judges of the City of Shorewood Recount for Mayor, do hereby certify that on
November 12, 1992, die votes cast on the electronic voting machines were recounted in accordance with
Minnesota Statutes 204C.35, Subd. 1, and the Rules of the Secretary of State. The votes cast and
recounted for the Office of Mayor for Barb Brancel are duly' recorded above and are a true
determination of the votes cast in the official recount as prescribed by law. Witness our official
signature at the City of Shorewood. !
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Judge
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Judge
Date )/ //J-, / iV
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NOVEMBER 12, 1992
ELECTION RECOUNT
CITY OF SHOREWOOD
2 YEAR TERM FOR MAYOR
COUNT SHEET - BRECKE PRECINCT 2
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We, the undersiwed judges of the City of Shorewood Recount for Mayor, do hereby certify that on
November 12, 1992, die votes cast on the electronic voting machines were recounted in accordance with
Minnesota Statutes 204C.35 Subd. 1, and the Rules of the Secretary of State. The votes cast and
recounted for the Office of Mayor for Jerry L. Brecke are duly recorded above and are a true
determination of the votes cast III the OffiCIal recou as prescribed by law. Witness our official
;~;: at the .!y of r wood. R~
Judge
Election Official
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NOVEMBER 12, 1992
ELECTION RECOUNT
CITY OF SHOREWOOD
2 YEAR TERM FOR MAYOR
PRECINCT 3
BRANCEL
BRECKE
OVERVOTES
BLANK
WRITE-IN
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We, the undersi~edjudges of the Ci:tY of Shorewood Recount for Mayor, do hereby certify that on
November 12, 1992, die votes cast on the electronic voting machines were recounted in accordance with
Minnesota Statutes 204C.35, Subd. 1, and the Rilles of the Secretary of State. The votes cast and
recounted for the Office of Mayor for Barb Branacel are duly recorded above and are a true
determination of the votes cast m the official recount as prescribed by law. Witness our official
signature at the City of Shorewood.
DateU '/~
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NOVEMBER 12, 1992
ELECTION RECOUNT
CITY OF SHOREWOOD
2 YEAR TERM FOR MAYOR
COUNT SHEET - BRANCEL
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PRECINCT 3
We, the understgp,ed judges of the Ci~ of Shorewood Recount for Mayor, do hereby certify that on
November 12, 1992, die votes cast on die electronic voting machines were recounted in accordance with
Minnesota Statutes 204C.35, Subd. 1, and the Rules of the Secretary of State. The votes cast and
recounted for the Office of Mayor for Barb Brancel are dilly recorded above and are a true
determination of the votes cast in the official reco t as prescribed by law. Witness our official
signa~rfl\~: the City of Shorewood.
Judge '-'V l~ ~
Judge
Election Official
NOVEMBER 12,1992
ELECTION RECOUNT
CITY OF SHOREWOOD
2 YEAR TERM FOR MAYOR
COUNT SHEET - BRECKE
PRECINCT 3
~
We, the unders@ed judges of the City of Shorewood Recount for Mayor, do hereby certify that on
November 12, 1992, tlie votes cast on the electronic voting machines were recounted in accordance with
Minnesota Statutes 204C.35~ Subd. 1, and the Rules of the Secretary of State. The votes cast and
recounted for the Office or Mayor for Jerry L. Brecke are dilly recorded above and are a true
determination of the votes cast m the officIal recount as prescnoed by law. Witness our official
signature at e City of ShorewRod.
Judge
Judg
udge
Jl.l;dge
SL.I.EL. (""nt~t:, 1Jt1''\
Date Li.L.J.Z..ee.,
NOVEMBER 12, 1992
ELECTION RECOUNT
CITY OF SHOREWOOD
2 YEAR TERM FOR MAYOR
PRECINCT 4
BRANCEL
BRECKE
OVERVOTES
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We, the undersimed judges of the Ci:tY of Shorewood Recount for Mayor, do hereby certify that on
November 12, 1992, die votes cast on die electronic voting machines were recounted in accordance with
Minnesota Statutes 204C.35, Subd. 1, and the Ru1es of the Secretary of State. The votes cast and
recounted for the Office of Mayor for Barb Branacel are duly recorded above and are a true
determination of the votes cast m the official recount as prescnbed by law. Witness our official
signature at the City of Shorewood.
Judge
Jud
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NOVEMBER 12, 1992
ELECTION RECOUNT
CITY OF SHOREWOOD
2 YEAR TERM FOR MAYOR
COUNT SHEET - BRECKE
S3
PRECINCT 4
We, the undersimed judges of the Ci~ of Shorewood Recount for Mayor, do hereby certify that on
November 12, 1992, die votes cast on the electronic voting machines were recounted in accordance with
Minnesota Statutes 204C.35,. Subd. 1, and the Rules of the Secretary of State. The votes cast and
recounted for the Office or Mayor for Jerry L. . Brecke are duly recorded above and are a true
determination of the votes cast m the OffiCIal recount as prescnl>ed by law. Witness our official
signature at the City of Shorewood.
Judge
Judge
Election OffiCIal
Judge
.!udge
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ADMINISTRATIVE RECOUNTS
Minnesota statutes 204C.36
Minnesota Rules Chapter 8235
The PurDose
The purpose of a recount is to provide a relatively simple
administrative procedure for recounting the votes cast in an
election for a specific office or question and for verifying the
results.
Recounts are limited in scope. Only the ballots cast in the
election are recounted, and the person nominated or elected or
the passage or failure of a ballot question declared.
All other issues may be resolved through contesting the election
in district court. Contested issues may include campaign
practices, lost or improperly cast ballots, or questionable
election procedures. Election contests are discussed in
Minnesota statutes Chapter 209.
ADDlication
This information applies to local elections such as county,
municipal and school district. For legislative and judicial
offices, please contact the Election Division as the details
vary. "Automatic recounts" applies only to legislative races.
No administrative recount provisions exist for state executive
offices, state constitutional amendments, and federal offices;
contesting the election is the only option for obtaining a
recount for these offices.
Who Requests a Recount
A losing candidate may request a recount of votes for the office
he or she sought.
For a ballot question, any person eligible to vote on the
question may request a recount. The request must be supported
with a petition containing the signatures of 25 or more persons
also eligible to vote on the question.
When and How
Recounts must be requested within five days following the canvass
of primary or special primary elections and seven days for
special or general elections.
Requests must be in writing and are filed with the filing officer
for the office or question (the county auditor, municipal clerk
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or school district clerk).
Who Pays for the Recount
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The local jurisdiction provides the recount for free if the
difference in votes totals between the winner and loser or yes
and no votes is within the following margins.
Votes cast:
Free recount margin:
o to 100
101 to 500
501 to 2,000
2,001 to 9,999
10,000or.more
5 votes or less
10 votes or less
20 votes or less
1% of votes cast or less
100 votes or less
If the margin is more than shown above, then the person
requesting the recount must pay the cost. In this case, the
recount request must be accompanied by a bond, cash or surety to
cover the cost of the recount as determined by the governing body
or school district clerk.
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What is Included in Recount Cost
In calculating the cost of the recount, the governing body or
school district clerk may include the following:
staff compensation;
Computer costs, if any;
Preparation of ballot counting equipment;
Supplies and travel;
Canvassing board compensation;
Preparation costs for canvass; and
Attorney fees.
PreDarinq for the Recount
1. The recount is conducted by the county auditor, municipal
clerk, or school district clerk (or their designee) and
necessary staff.
If the person who would normally conguct the recount is a
candidate for the office to be recounted, then the
canvassing board must enlist a neighboring official to
conduct the recount instead.
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2. ~Notice must be given within 48 hours of rec~~vi~g~the ~
ec un~ ~ and deposit, if required. ft.YYU/~,~}
The official in c~rge of the recount must n~
candidates:
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Who will conduct the recount;
The office to be recounted;
The date, time and place of the recount; and
That the recount will be open to the public.
3. While notice must be given within 48 hours, the recount may
be scheduled for a later date. Obviously it is to
everyone's advantage to conclude the recount at the earliest
convenient time.
4. Ballot and voting equipment custodians must keep all
election materials secure and provide them for the recount.
Recount Procedures
1. At the start of the recount, the recount official or his or
her legal advisor must explain and summarize the recount
rules. (Photo copies of 204C.22 explaining voter's intent
may be helpful.)
2. No ballots or election materials may be handled by anyone
other than the recount official and those assisting the
official.
3. Materials and ballots should be arranged so that the
candidates and their representatives can observe them as the
recount proceeds.
4. The recount must be conducted one precinct at a time.
Only the ballots counted on election day are recounted.
Spoiled ballots are not recounted. Other issues such as
absentee ballot procedures or voter registration are outside
the scope of the recount.
Keep a new summary of the votes cast.
Recount the ballots so that the voter's intent is considered
as directed in 204C.22.
5. Candidates may challenge the recount officials
determinations regarding voter's intent. The recount
official's determination stands until the challenged ballots
are submitted to the canvassing board for resolution.
Challenges may not be automatic or frivolous. Each
challenged ballot must be marked with the precinct name,
reason for challenge, and challenger's name and must be
placed a "challenged ballots" envelope for the canvassing
board's consideration.
A person who challenged a ballot may withdraw the challenge
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at a later time.
6. All ballots (other than those challenged) are resealed
immediately following the recount by precinct and are
secured for 12 months for local elections or 22 months if
federal offices are also on the ballot.
7. The person who requested the recount may waive the remainder
of the recount at any point. If certain key precincts are
in question, the recount official may begin the recount with
those precincts, anticipating that the balance of the
recount may be waived.
Canvassinq the Recount
The appropriate canvassing board reconvenes following the recount
to canvass the recount results. Any challenged ballots are
considered by the board.
Electronic votinq Systems
Recounts for electronic voting systems may be conducted by hand
or using the electronic equipment at the discretion of the
recount official. It may occasionally be faster to hand count.
If the vote tabulation equipment is used, samples must be taken
from two precincts (which may be chosen by each candidate) for
hand tally to verify the accuracy of the equipment. Each
precinct's sample should include 50 ballots or 3% of the total,
whichever is more.
If there is reason to believe that some or all ballots are not
being accurately tabulated, possibly due to marking errors such
as use of the wrong pen or marks made outside the target area,
these ballots should sorted out for hand counting following the
rules in 204C.22.
tinal Thouqhts
If anyone is uncomfortable with the limited scope of the recount,
or any other aspect, you may remind them that they have the
option of contesting the election.
The contest period is reset following a recount, so that a
contest may be filed within 5 days of the canvass of the recount
for primary elections and 7 days for special or general
elections.
Please feel welcome to call the Election Division for advice or
support!
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WHAT IS A RECOUNT?
The scope of any recount is limited to the recount of the ballots cast and the
declaration of the person nominated or elected, or determination of the passage
or failure of a question.
Recount of the "ballots cast" includes only those ballots counted on election day,
spoiled ballots and other election materials are not to be included in the process.
This differs from a contest of election, which is usually based on violations of
election law, the Fair Campaign Practices Act, or irregularities in the conduct or
canvass of the election.
WHEN IS A CANDIDATE RECOUNT REQUIRED?
A losing candidate may request a recount if the difference between the vote cast
for that candidate and the winning candidate is:
c.
d.
5 votes or less when the vote cast is 100 or less.
10 votes or less when the vote cast is more than 100 but less than 500.
20 votes or less when the vote cast is more than 500 but less than 2000.
1% of the votes or less when the vote cast is more than 2000 but less
than 10,000.
100 votes or less when the vote cast is 10,000 or more.
a.
b.
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e.
These amounts are calculated on the total vote cast for the office to be recounted,
not the total number voting in the precinct.
A losing candidate must file a written request with the city clerk. No one else
may request a recount.
The written request must be filed during the period for filing a contest:
a. 5 days after the canvass is completed for a primary or special primary.
b. 7 days after the canvass is completed for a general or special election.
This recount is conducted at the expense of the city.
WHEN IS A CANDIDATE RECOUNT DISCRETIONARY?
A losing candidate may request a discretionary recount at the candidate1s expense
when the vote difference is greater than that for a required recount.
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The written request must be filed during the period for filing a contest:
a. 5 days after the canvass is completed for a primary or special primary.
b. 7 days after the canvass is completed for a general or special election.
A bond, cash, or surety in the amount set .by the governing body as necessary to
cover recount expenses must be filed at the same time as the request for recount. .
WHAT ARE THE EXPENSES OF A DISCRETIONARY RECOUNT?
A losing candidate requesting a discretionary recount is responsible for the
following expenses:
a. compensation for election judges, if necessary.
b. compensation for the city clerk.
c. compensation for other technical or election personnel required.
d. costs of computer operation.
e. costs for preparation of ballot counting equipment.
f. necessary supplies
g. travel
h. costs for preparing for the canvass of recount results.
i. legal advisor fees
WHEN IS A BALLOT QUESTION RECOUNT REQUIRED?
A recount may be requested by any person eligible to vote on the ballot question.
A written request for a recount must be filed with the city clerk, and accompanied
by a petition containing the signatures of 25 voters eligible to vote on the question.
A person who ;s "eligible to vote on the question" is an individual who ~ eligible
to vote. on the issue on election day. The fact that they mayor may not have
voted is not a condition.
A recount maybe requested when the difference between the votes for and the votes
against the question is less than or equal to:
a. 5 votes or less when the vote cast is 100 or less.
b. 10 votes or less when the vote cast is more than 100 but less than 500.
c. 20 votes or less when the vote cast is more than 500 but less than 2000.
d. 1% of the votes or less when the vote cast is more than 2000 but less
than 10,000.
e. 100 votes or less when the vote cast is 10,000 or more.
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These amounts are calculated on the total vote cast for the question to be recounted,
not the total number voting in the precinct.
The recount in this situation is conducted at the expense of the city.
WHEN IS A BALLOT QUESTION RECOUNT DISCRETIONARY?
A discretionary recount may be requested by any person eligible to vote on the
ballot question if the difference in the votes for and against the question is
. greater than that of a required recount.
A written request for recount must be filed with the city clerk, and accompanied
by a petition containing the signatures of 25 voters eligible to vote on the question.
The written request for recount must be filed during the period for filing a contest.
A bond, cash, or surety in the amount set by the governing body as necessary to
cover recount expense~ must be filed at the same time as the request for recount.
The recount is conducted at the expense of the individual requesting the recount,
and chargeable expenses are the same as those for a discretionary candidate recount.
GENERAL PROCEDURES
Adequate security must be provided for all ballots and materials to be included in
the recount. Although not required, it may be to your advantage if security measures
are documented.
At the opening of the recount, the recount official shall present the procedures
contained in the Rules of the Secretary of State.
The only materials to be utilized in the recount are the ballots counted on election
day, the summary statements, and the envelopes containing ballots that required
duplication.
The City Clerk is the recount official. If the City Clerk is a candidate in the
office to be recounted, the canvassing board must appoint an election official from
another jurisdiction to conduct the recount. .
The recount process must be public, however public observation may not interfere
with the counting of ballots.
Candidates and/or their representatives may observe the ballots as they are recounted,
however they may not handle any of the ballots or election materials.
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NOTIFICATION REQUIREMENTS
Within 48 hours of receipt of a written request for a recount, a notice must be
sent to the candidates for, the office to be recounted, stating:
a. the date of the recount
b. the starting time
c. the location
d. the office to be recounted
e. the name of the recount official
f. a statement that the recount proceedings are public.
PAPER BALLOTS
Procedures in place for counting of paper ballots on election day should be used
for the recount process.
Only the ballots accepted and counted 'on election day are to be recounted; spoiled
ballots are not included.
Ballots are to be recounted by precinct.
A new summary statement should be available for recording the results of the recount
in each precinct.
If a candidate disagrees with the determination of whether and for whom a ballot
should be counted, the ballot may be challenged. The following information must
be recorded on each challenged ballot:
a. the reason for the challenge
b. the name of the candidate challenging the ballot
c. the precinct number
Challenges may not be automatic or frivolous. Your legal advisor may be of
assistance in this matter if it becomes a problem.
Challenged ballots must be sealed in an envelope identified as "challenged ballots".
After completion of the recount, all recounted ballots must be resealed in ballot
envelopes and returned to the custodian of the ballots. .'. ,usually the City Clerk.
The challenged ballot envelope must be presented to the canvassing board for their
determination.
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LEVER MACHINES
Voting machines must remain sealed and locked under the supervlslon of the city
clerk, who is responsible for security of the machines and restricting access to
them.
Only the recount official and authorized election officials may open, read, or
touch the voting machines on the day of the recount.
The recount must be arranged in a manner where machine totals can be observed by
. candidates and/or their representatives.
Machines must be recounted by precinct.
The recount official must compare the total on each machine to the total recorded
on the summary statement by judges on election day.
The recounted totals for each machine must be recorded on a new summary statement
prepared specifically for the recount.
After the machine counts for each precinct have been determined, absentee ballots
must be recounted in the same manner provided for the recount of paper ballots,
recorded on the new summary statements, and added to the machine totals.
Any challenged absentee ballots are to be handled in the same manner provided for
paper ballots, and presented to the canvassing board for their determination.
ELECTRONIC SYSTEMS
The recount official may recount ballots manually or use the electronic equipment.
The 119fficial in charge of the jurisdictionll must certify that the program used
in the election has not been altered and is available for the recount if electronic
equipment is used.
The recount official shall then conduct a test of two precincts, one selected by
each candidate. This test must include at least 3% of the ballots cast, or 50
ballots, whichever is greater. The test sample must also be manually counted.
NOTE: IIIf the ballots are recounted on the automated equipment, a test of the
program and counting equipment as provided in part 8230.5100 must be made
immediately prior to the recount II
Rule 8230.5100 has been repealed .....
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If a central count system is used, the public does not have access to the area,
however an observation area must be provided.
Only the recount official, legal advisor, officials of the election jurisdiction,
and the candidates and/or their representatives are allowed in the immediate area.
Ballots must be recounted by precinct.
Absentee ballots in punchcard system recounts must be counted in the manner
provided for the recount of paper ballots, and manually added to the computerized
totals.
Absentee ballots in optical scan systems do not require special handling, as they
are combined and recounted with the ballots cast on election day.
A report of recounted results must be provided for each precinct.
Challenged ballots must be sealed in the proper envelope and presented to the
canvassing board for their determination.
CANVASSING BOARD
The recount official must present the summary statements of the recount and any
challenged ballots to the canvassing board.
The candidate or candidate representative who made the challenge may present the
basis for the challenge to the canvassing board.
The canvassing board must rule on the challenged ballots and incorporate
the results into the summary statement totals.
If a candidate or candidate representative disagrees with the determination of
the canvassing board, they must contest the canvass of the election.
The canvassing board must certify the results of the recount, and the time for
filing a notice of contest begins to run upon this certification.
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Canvassing Board: City Election
Unless a charter provides otherwise, within two
days after the city general election, the council
must meet as a canvassing board and declare the
results of the election as they appear upon the face
of the election returns. 98 The council has no au-
thority to recount or inspect the ballots, either
while sitting as a canvassing board or otherwise
(except in the case of recounts). If there is an ob-
vious mistake on the face of the returns, the coun-
cil may send the record back to the judges for cor-
rection, but neither the council nor the judges have
author it y to recount or recheck the ballots.
Once the council has announced the results of
the election and notified candidates of their elec-
tion, a challenge needs to go through in the district
court of the county, with the exception of the
recount procedure described here under
"Contested Elections."
The city council must inspect voting machine
counters and compare them with election returns
as a part of the council's; canvassing duties. 99
A plurality of votes is sufficient to elect. This
means that the candidate receiving the highest
number of votes, whether or not that number
equals a majority, is elected. If the election results
in a tie, then the winner should be determined by
lot in the presence of the council acting as the can-
vassing board.
At least seven days after the council completes
the canvass of the vote and announces the results,
the clerk must issue a certificate of election to
each successful candidate. If an election is con-
tested, the clerk should not issue a certificate of
election for the office until after the court has
determined a winner. The clerk may not destroy
the ballots or other election materials until the
courts have made a final determination.
After sending certificates of election to the suc-
cessful candidates, the clerk must also certify the
results to the county auditor.
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RESOLUTION NO. -92
A RESOLUTION ACCEPTING SUMMARY OF RECOUNT
LOCAL ELECTION RESULTS
OFFICE OF MAYOR
WHEREAS, a recount of the general election was held on
November 12, 1992, in Precincts 1, 2, 3, and 4 of the city of
Shorewoodi and
WHEREAS, said election recount results are officially
contained in the tabulation attached hereto and made a part hereof
as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the City council of the city
of Shorewood as follows:
1. That the tabulation of election recount results for the
general election held on November 3, 1992, as contained
in the tabulation attached hereto as Exhibit A, is hereby
approved.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th
day of November, 1992.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator
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NOY _ 6
November 6, 1992
Mr. Jim Hurm, City Manager
Shorewood City Hall
5755 Country Club Road
Shorewood, MN 55331
Dear Mr. Hurm,
Let this letter serve as notice that I am requesting a
discretionary recount of the Mayoral ballots from the
election of November 3, 1992. My check for $250.00 is
included.
Sincerely,
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Jerry L. Brecke
27450 Pine Bend Road
Shorewood, MN 55331
enclosure
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November 6, 1992
Mr. Jim Hurm, City Manager
Shorewood City Hall
5755 Country Club Road
Shorewood, MN 55331
Dear Mr. Hurm,
Let this letter serve as notice that I am requesting a
discretionary recount of the Mayoral ballots from the
election of November 3, 1992. My check for $250.00 is
included.
Sincerely,
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Jerry L. Brecke
27450 Pine Bend Road
Shorewood, MN 55331
enclosure
JERRY L. BRECKE
EXPENSE ACCOUNT
216 WATER ST.
EXCELSIOR, MN 55331
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First State Bank of ExcelsIOr
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Excelsior, MN 55331
Mayer, MN 55360
New Germany, MN 55367
MEMO
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MAYOR
Barb Brancel
COUNCIL
Krist; Stover
Bob Gagne
Rob DaughertY
Daniel Lewis
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
NOTICE
CITY OF SHOREWOOD
5755 COUNTRY CLUB ROAD
CANVASSING BOARD
Council Chambers
6:00 P.M.
1. CONVENE CAVASSING BOARD
A. Roll Call
Lewis
Mayor Brancel
Gagne
stover
Daugherty
. 2. REVIEW AND APPROVE THE LOCAL ELECTION RESULTS FROM THE GENERAL
ELECTION - TUESDAY, NOVEMBER 3, 1992
(Att.No.1-proposed Resolution)
3. ADJOURN
JCH.al
10/29/92
A Residential Community on Lake Minnetonka's South Shore
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CANVASSING BOARD RESULTS
City of Shorewood Election held Tuesdav. November 3. 1992, in the
County of Hennepin, state of Minnesota.
At an Election held in Precincts I, II, III, and IV, the following
named persons or proposi tions received the number of votes as
indicated below:
OFFICE
PCT I
PCT II
TOTAL VOTES
PCT III
PCT IV
KAYOR
Barb Brancel 458
874
Jerrv L Brecke 383
823
COUNCIL
Bruce E Benson 408
945
Susan Sano 407
719
Kristi Stover 491
1116
TOTAL NUMBER OF PERSONS WHO VOTED PER PRECINCT:
125
4020
913
1877
REGISTERED VOTERS PER PRECINCT:
1028
2151
NUMBER OF BALLOTS COUNTED PER PRECINCT:
1105
913
1877
453
541
477
509
566
1105
1267
63
1848
53
1800
61
1891
52
1687
72
2245
144
4590
125
4020
I, the undersigned city Clerk of the City of Shorewood do hereby
certify that all of the ballots cast at the GENERAL ELECTION
held on November 3. 1992 were carefully and properly piled,
checked and counted, and that the number of votes marked opposite
the respective names of the candidates or propositions, correctly
shows the number of votes cast. The national flag was displayed on
a suitable staff during all the hours of voting.
Signed:
Title:
Date: November 5. 1992
city Administrator/Clerk of the city of Shorewood
Minnesota, 55331
RESOLUTION NO. -92
A RESOLUTION ACCEPTING LOCAL ELECTION RESULTS
WHEREAS, a general election was held on November 3, 1992, in
Precincts 1, 2, 3, and 4 of the City of Shorewoodi and
WHEREAS, said election results are officially contained in the
tabulation attached hereto and made a part hereof as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Shorewood as follows:
1. That the tabulation of election. results for the general
election held on November 3, 1992, as contained in the
tabulation attached hereto as Exhibit A, is hereby
approved.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 5th
day of November, 1992.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator
Roll Call Vote:
Ayes:
Nayes: