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.

 

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.