Sec. 12-914. Procedure at meeting to resolve early ballot challenge; disposition of challenged early ballot; finality of Board’s decision.
a. If the written challenge does not contain at least one of the grounds listed in Section 12-912 for challenging an early ballot, the early ballot board shall summarily reject the challenge.
b. If the written challenge contains at least one of the grounds listed in Section 12-912 for challenging an early ballot, the early ballot board shall permit the challenger, upon whom rests the burden of proving that the early ballot should not be counted, to set forth the grounds of the challenge. The Board shall then permit the challenged voter to defend the challenge. The fact that a challenged voter fails to appear at the meeting or declines the opportunity to defend the challenge shall not be deemed an admission that the challenge is valid. The Board may permit or decline comments, made in person or submitted in writing, by anyone other than the challenged voter or the challenger. After hearing any comments from the challenger, the challenged voter, or other persons, the Board shall resolve the challenge by majority vote.
c. If a majority of the Board is satisfied that the challenge is invalid, the Board shall open the affidavit envelope, without destroying the affidavit, and shall process the ballot according to the procedures for processing early ballots.
d. If a majority of the Board is satisfied that the challenge is valid, the Board shall not open the affidavit envelope and shall write "DISALLOWED", and the grounds for disallowing the early ballot on the face of the envelope. Any disallowed early ballot shall be preserved with the official returns of the election.
e. If a challenged voter does not appear at the meeting, the Board shall send to the voter a notice of the resolution of the challenge. If the early ballot was disallowed, the Board shall include in the notice its grounds for disallowing the ballot. The notice shall be mailed to the return address on the challenged voter’s affidavit envelope, or if the voter did not provide a return address, to the address on the voter’s registration record.
f. The Board shall keep a record of each challenge that contains:
1. The name of the person challenged.
2. The written statement of the grounds for the challenge.
3. The Early Ballot Board’s resolution of the challenge.
g. The Early Ballot Board’s resolution of the challenge is final and may not be appealed to the City Clerk. (Ord. No. G-5390, § 1, 2009)