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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