HomeMy WebLinkAbout05/03/1975 VB minutes MINUTES OF THE SPECIAL MEETING
OF THE
MAYOR AND BOARD OF TRUSTEES
MAY 3, 1975
Pursuant to Section 2.103 of the Municipal Code of Mount Prospect
of 1975, as amended, and Section 22-9.1 of the Illinois Election
Code as adopted and modified by Section 3-2-2 of the Illinois
Municipal Code of 1961, as amended, a Special Meeting of the
Mayor and Board of Trustees of the Village of Mount Prospect
was hereby called by Mayor Robert D. Teichert on the 29th day
of Aoril, 1975, which Special Meeting took place at 9:00 A.M.
on Saturday, May 3, 1975, at the Board Room in the Village
Hall, 112 East Northwest Highway, Mount Prospect, Cook County,
Illinois.
CALL TO ORDER
Mayor Teichert cal~ed the meeting to order at 9:10 A.M.
INVOCATION
Trustee Scholten §ave the invocation.
Roll call
Present upon roll call: Anderson Caylor Gustus Hendricks
Richardson Scholten Teichert
MEETING CALLED FOR DISCOVERY RECOUNT
A petition to conduct a Discovery recount of the ballots cast in
Precinct Nos. 2,3,10,17 and 19 in the election held on April
15, 1975 was filed Dy Norma Murauskis. Upon receipt of the
petition, the Village Clerk notified Edward B. Rhea,~Jr., the
successful candidate for the office of Villa§e Trustee, that
the President and Board of Trustees of the Village of Mount
Prospect would convene on May 3, 1975 for the purpose of con-
ducting the recount.
Mr. Bernard Scola, 1823 Palm Drive, a watcher for Mr. Rhea,
requested clarification of the procedure to be followed. Both
Mrs. Murauskis an~ Mr. Rhea were present.
Mayor Teichert read the following statement:
"The Village Clerk, Village Attorney and Mayor have spent
considerable time in research and discussion in an effort to
determine a ~roper procedure to respond to the Petition for
Discovery of Recount filed by Norma Murauskis, a candidate
for the Office of Village Trustee (two-year term) in the
election held Tuesday, April 15, 1975, the results of which
were canvassed and certified by the Village Board of Mount
Prospect on April 22, 1975.
Apart from the statutory direction that the Discovery Recount
procedure followed should be ~he same as that prescribed for
the election itself, the law does not specify the many details
that attend this type of undertaking. Reference to case law
and ~est materials, as well ~ consultation with various
tawye.rs~ bas ~ot reso~ed't~e matter in any definitive manner.
Accordingly, it ~ill be~th~ ~bqiga~ion of the Village ~oard
(Canvassing Board) to adopt a procedure which they believe
complies with the election laws to provide a fair and qonest
recount of the precincts selected by the petitioner for discov-
ery.
To this end the following steps ~ave been taken:
Pg. 1 5-3-75
1. Special meeting of the Village Board was called
by the Mayor for Saturday, May 3, 1975, at 9:00
A.M. in the Village Hall and notice was served
on members of the Village Board, the petitioner,
and all successful candidates for the contest ~o
Which the oetition is directed.
2. The petitioner and successful candidates have been
advised to have three watchers of their choice
present at the Special Meeting.
Ratification of the above ste~s and adoption of the follow-
ing additional steps is proposed:
3. The meeting is declared open to the Public but'
with the adminition that the Village Board shall
control the meeting and all determinations of pro-
cedure will be made by a simple majority vote of
the Board members.
4. The Mayor will divide the 3oard into two groups
of three Trustees each, designating two Trustees
as "Callers" and one Trustee as "Tallyer", and
assigning the Precincts specified~in the Petition
to said groups. In the absence of one Trustee, the
Mayor shall take his place...~n ~he absence of two
Trustees, the Mayor shall designate one "Caller"
for each group...~in the absence of'three Trustees,
the Village Trustees oresent will act as one group.
5. The petitioner and the successful candidates shall
be allowed one watcher (which can be themselves)
observe the caller of a grouo of Trustees and one
watcher (~hich can be themselves~ to observe the
tallyer of a gmoup of Trustees.
6. Objections to procedures and Board determinations will
be permitted only by.the watchers, ~he petitioner,
and the successful candidates.
7. Each group of Trust6es shall recount its assigned
orecincts separately, provided that whenever an
objection ~s made and to confirm the fina~ tally, all
Village Board members s~all vote to resolve the objection
and confirm the final tally.
8. Each ~recinct shall be recounte~ in the following
manner:
A. Count the number of voters applications for
ballots
B. Count the number ~f ballots (including the
defe~ive an~ objected to ballots...but don't
mix these in ~i'th the voted ballots.)
C. If there are more ballots (voted and defected
and objected to~ than there are a~plications,
put all the voted ~allots (but not the ~efective
and objected to ballots) in a ballot box: shake,
and then withdraw enough ballots so that the
two totals will match.
D. When the two totals agree, separate the voted
ballots into two piles: one pile shall consist
of straight votes for the United Citizens ~arty,
and the other pile shall consist of split votes.
Each of the Trustees ~n the group should examine
both piles to see that straights and splits
are properly separated.
Pg. 2 5-3-75
Take the straight Votes first One caller should
count this pile into groups of 10 ballots each.
As he gathers a group of 10, he should pass it to
the second caller who counts the stack, and if
there are 10 votes in the stack, say aloud, "ten
votes for United Citizen Par~t~ The stacks of
straight votes are totaled.~ b~~ the callers and
one caller then announces aloud the ~otal straight
votes. Check each ballot for judges initials.
F. The Tallyer having listed each candidates name
for the two-year terms on the tally sheet shall
enter the total straight votes after the name of
each candidate for the United Citizens Party.
G. Take the split votes next. One caller should
count this pile, 10 ballots at a time. As he
gathers a group of 10, he should pass it to the
second caller, who'counts the stack. Check
each oallot for the judge's initials. If
there are 10 ballots, then taking one ballot
at a time, read aloud the names of the select-
ed candidates for the two-year term. The Tallyer
shall for the candidate's name called make one
vertical mark in the fUmthest left "Tally Mark"
box and work to the right using consecutive
boxes as selected candidates are called. A
fifth vote is tallied horizontally through the
m previous vertical marks and the Tallyer shall
say "Tally". When the entire pile of split
votes is gone, the Tallyer counts the total
number of tally marks for each candidate,
announcing the t~tal aloud and entering that total
in the split vote column after the name of the
appropriate candidate.
H. Take the pile of defective and objected to
ballots and examine them one at a time. ~f
any ballot in this pile is determined to be
not defective or not validly objected to it
shall be separated from the pile and the ¥otes
for'the selected candidates entered adjacent his
name on the Tally Sheet.
I. The Tallyer shall total all votes for each
candidate and enter such total in the column
"Candidates Total Vote" on the Tally Sheet.
J. All members of the Village Board present shall
sign the Tally Sheet certifying the results
of the Recount for each precinct recounted.
K. After all ballots are counted, they shall be
retied and wrapped. The Board members shall
sign their names on the wrapper and the signa-
tures covereo with transparent tape. Any
envelopes opened shall be placed with their
original conten~s into a new envelope which
will oe sealed and signed by the Board members,
covering the signatures with transparent tape.
All materials for that precinct should be
put into the bag from which it came and re-
turned to the custody of the Village Clerk.
Dg.3 5-3-75
9. When the recount has been completed, the Village Board
should adopt a resolution declaring the results. A certified
copy of the resolution declaring the results of the Discovery
Recount should be sent to the petitioner and the success-
ful candidates.
10. The following snoula be made a part of the record of
this Special Meeting;
A. Notice of the Special Meeting
B. Petition of Norma'Murauskis fo~ Discovery Recount
C. Copies pf Mayor's letters to petitioner and
successful candidates.
D. A copy of the procedures adopted py the Village
Board
E. The Certified Tally.Sheets
F. The Resolution declaring results of the Dis-
covery Recount
The Board should note that this is a discovery proceeding only.
The result of this examination and count does not amend or
change the canvass of votes previously completed by the Board,
nor can it be used to deny the successful candidates for the
same office their certificates of election. Only a court can
overturn the election in a properly filed election contes
This ended the Mayor's statement on the rules to be followed
in the recounting of the ballots.
Trustee Scholten, seconded by Trustee Gustus, moved to adopt
the procedures as outlined for the Discovery Recount.
Upon roll call: Ayes: Anderson Caylor Gustus Hendricks
Richardson Scholten Teichert
Motion carried.
Immediately thereafter, the six Trustees present took their
seats and procee~e~ with the ballDt counting.
The Trustees, in their count of Precinct 19, auestioned ballots
that were not initialed by a judge of election. After pollen§
the Board, the unanimous decision was as follows: Any
ballot not initialed by a judge of election is a defective ballot.
Further, during the count of Precinct #19, the following
decisions were made by a polling of the full Board of Trsutees:
1. If there is an erasure on a bal. lot, shpuld it be rejected?
The decision of the Mayor and Board of Trustees was to
accept the ballot. Trustee Scholten cast a dissenting vote.
2. On a ballot where three votes were marked in for a two-
year term and one ~as scratched out within the candidates
box, should it be a rejected ballot? When the Mayor and
Board of Trustees were pplled om%his ~uestipn Trustees
Richardson an~ Scholten cast di~ssenting votes, but by a
vote of 5, the decision was to accept the ballot.
3. Should a ballot which has be~n scratched out within and
withou~ a candidate's box~be rejected? When the Mayor and
Board of Trustees were polled there were four votes to
accept--Trustees Caylor, Gustus, Hendricks and Mayor Teichert.
In opposition:were Trustees Anderson, Richardson, and
Scholten. The decision was to accept.
At this point during the canvass, Trustee Caylor left at
11:15 A.M.
The count was completed for Precinct 19 with ~he following
results:
Pg.4 5-3-75
Edward Rhea 204
Leo Floros 100
Norma Murauskis 148
Marie Caylor 44
O. T. Gustus 32
In the vote count of Precinct ~ 2 a ballot was marked with
an "X" with lines intersecting inside the box for Mr. Rhea
but not clearly marked in the box. On a poll on whether
the ballot should be~rejected there were four votes to
accept the ballot (Trustees Anderson, Gustus, Richardson
and Scholten) and two (Trustee Hendricks and Mayor Teichert)
to reject. The vote was counted.
The count was completed for Precinct #2 with the following
results:
~arie Caylor 1~2
O. T. Gustus 223
Edward Rhea 176
Leo Floros 361
Norma Murausk. is 168
In the vote count of Precinct #3 a ballot was marked with
an "X" inside or outside of the box. It was examined by
all Board Members and when they ~e~e,~polle on whether it
should be rejected Trustee Hendri~cks~voted to reject the
ballot, but Trustees Anderson,~Gustus,Richardson, Scholten
and Mayor Teichert voted to accept.
A torn ballot, on which there had been no p~inting was
removeo and examined by the Board. A poll gave five
votes to accept with Tmustee Richardson casting a dis-
senting vote.
The results of the count for Precinct 3 follow:
Edward Rhea 154
Leo Floros 312
Norma Murauskis 147
Marie Caylor 165
O. T. Gustus 165
The results of the count for Precinct #10 are:
Marie Caylor 141
O. T. Gustus 93
Edward Rhea 191
Leo ~loros 354
Norma Murauskis 141
Upon examination of ballots in ~recinct #17 there appear-
ed to be judges ~nitials on the face of the ballot. The
decision of~th~ Board was to reject those ~allots so
initialed by a vote of five to one, with Trustee Richardson
voting to accept.
In the case where judges initials were both on the face and
the back of t~e ballots, it was the decision of the Board
by a five to one vote (Trustee Richardson voting to accept)
that the ballots be rejected.
At this point in the meeting, at 2:00 P.M. Trustee Gustus
left.
The results of Precinct #17 vote count follow:
Pg. 5 5-3-75
dward Rhea 127
Leo Floros 123
Norma Murauskis ll6
Marie Caylor 174
O. T. Gustus 119
Trustee Richardson, seconded by Trustee Hendricks, moved
for passage of Re~olution N6. 17-75:
A'RESOLUTION DECLARING RESULTS OF DISCOVERY RECOUNT
Precinct ~orm~ Murauskis Edward B.~ ~Rh~J-~.
Number of Votes Number of-¥otes
2 168 176
3 147 154
141 191
17 ~16 127
19 148 204
Uoon roll call: Ayes: Anderson Hendricks Richardson Scholten Teichert
Motion carried.
ADJOURNMENT
Trustee Scholten, seconded by Trustee Hendricks, moved
the meeting to conduct a Discovery Recount be adjourned.
Time: 2:35 P.M. Unanimous.
MARIE T. HARD, Deputy Clerk