NOTICE OF ENTRY (SUPREME COURT RULE 74.03) In The 38th Judicial Circuit Court, Christian County, Missouri 110 WEST ELM STREET, SUITE 202,OZARK, MISSOURI CITY OF NIXA, MISSOURI V KAY BROWN CASE NO: 14CT-CC00354 To: KAY BROWN CHRISTIAN CO. CLERK 110 W CHURCH OZARK MO 65721 YOU ARE HEE( NOTIFIED that the court duly entered the following: Filing Date Description 15-Apr-2014 Judge Assigned Pet Filed in Circuit Ct Petition for Recount; Exhibit A; Exhibit B. Filed By:D PATRICK SWEENEY Filed By:CITY OF NIXA Filing Info Sheet eFiling Filed By:D PATRICK SWEENEY 16-Apr-2014 Correspondence Sent Notice of Entry to parties A gtrk oharr CC: File D PATRICK SWEENEY KAY BROWN ECC: RECEIVED Date Printed : 16-Apr-2014 APR 16 2014 KAY BROWN COUNTY CLERK 05/01/2014 16:28 Hall, Ansley, Rodgers & Sweeney eX>4178908855 P.004/005 IN THE CIRCUIT COURT OF CIIRISTIAN COUNTY STATE OF MISSOURI City of Nixa, Missouri Plaintiff, vs. ) Case No. 14CT-CC00354 Kay Brown, ) County Clerk/Election Authority ) of Christian County, State of Missouri ) Defendant ) NOTICE OF HEARING FOR PETITION FOR RECOUNT AND MOTION TO SHORTEN TIME FOR HEARING COMES NOW City ofNixa, Missouri, by and through its City Attorney, D. Patrick Sweeney of Hall Ansley, P.C., and does hereby notice up for hearing its Petition for Recountpursuant to Section 115.601 R.S.Mo. for the Court to make a determination and order a hand recount ofthe votes cast on the question presented to the voters as set forth inthe Petition for Recount currently pending before this Court and to appoint recount election judges to conduct the recount of the votes by hand for Friday May 2, 2014 at 9:00 a.m. or as soon thereafter as counsel may be heard. t. Patrick S,feqbef'Mo. Bar # 3;@56 City Attorney ofNixa, Miss*E lasab=&,ma m. 3275 E. Ridgeview Springfield, MO 65804 05/OT/2014 1629 Hall, Ansley, Rodgers & Sweeney (FAX)4178908855 P.005/005 *e Certificate of Service The undersigned hereby certifies that on this let day of May, 2014, the foregoing document was filed via electronic filing using Missouri's e-filing system along with a copy sentby facsimile (#417-581-8331) to Kay Brown, defendant. - i D. Patrick Swein€ 1/ V 05/01/2014 16:28 Hall, Ansley, Rodgers & Sweeney (PAX)4178908855 P.002/005 t IN THE CIRCUIT COURT OF CHRISTIAN COUNTY STATE OF MISSOURI City of Nixa, Missouri Plaintiff, vs. ) Case No. 14CT-CC00354 Kay Brown, ) County Clerk/EIection Authority ) of Christian County, State of Missouri ) Defendant ) MOTION TO SHORTEN TIME FOR HEARING COMES NOW City of Nixa, Missomi, by and through its City Attorney, D. Patrick Sweeney of Hall Ansley, P.C., and does hereby move to shorten time for hearing Plaintiffs Petition for Recount for Friday May 2, 2014 at 9:00 a.m. or as soon thereafter as counsel may be heard. D. Pairick *e614 Mo. 1¢53336 City Attorney of Nila,;2issouri Hall Ansley, P.C. 3275 E. Ridgeview Springfield, MO 65804 05/01/2014 1628 Hail, Ansley, Rodgers & Sweeney 0:AX)4178908855 P.003/005 Certificate of Service The undersigned hereby certifies that on this lot day of May, 2014, the foregoing document was filed via electronic filing using Missouri's e-filing system along with a copy sent by facsimile (#417-581-8331) to Kay Brown, defendant:. 0 A D. Patrick S 05/01/2014 1627 Han, Ansley, Rodgers & Sweeney ex>4178908855 P.001/005 HALL ANSLEY, P.C. Attorneys and Counselors at Law 3275 E. Ridgeview Springfield, MO 65804 Phone No. 417-890-8700 Fax No. 417.890.8855 FAX COVER SHEET FAXNUMBERTRANSMrrrEDTO: 5Fj-7371 To: Kay Brown, County Clerk FROM: D. Patrick Sweeney CLIENT/MATTER: City ofNixa DATE: . 5/1/2014 '13;OCUMENIN , Ni]MBEy elr #A[!DES Cover Sheet 1 I)ocurnent 4 TOTAL NUMBER OF PAGES IN TRANSMISSION 5 COMMENTS: NOTICE OF CONVIDENTIALITY; The documents accompanyinglbls telecopy transmts:lon contalit conindential Inforination belonging tothe *ender•,blch is legaUy privileged. The Infbrmation 13 inten ded only for the useorthe Individulat or entity named ibove. Iryonare not thelatended reciplent,you an hereby notined thaiany dlactosure, copylng, dIstrlbution, or the takingorany notion in rettanceon the tontentaorth[: tel,copled tnformition ls,trlcuyprohiblted. Iryoulluvereceived thlatekcopyinerror, plenlaimmidlately notl! us by telephonetoarrange forretorn orthe orIZIna[ document, to us. IFYOU DO NOT RECE]VE ALL PAGES, PLEASE CALL (41D 890-8700 4 IA,-1 OCIn-+0187 '7,1 1(P,Al .1,01,Call,A -noil i ·£,Ina,i,n, IN THE CIRCUIT COURT OF CHRISTIAN COUNTY FILED STATE OF MISSOURI BARBARA D. STILLINGS MAY O 2 2014 City ofNixa, Missouri ) CIRCUITCLERK Plaintiff, ) CHRISTIAN COUNTY.MO vs. ) Case No. 14CT-CC00354 Kay Brown, County ClerkLEIection Authority of Christian County, State ofMissouri Defendant ORDER FOR RECOUNT COMES NOW on the 2nd.day of May, 2014, the City of Nixa, Missouri, appears by D. Patrick Sweeney of Hall AnsIey, P.C. and for its Petition for Recount pursuant to Section 115.601 R.S.Mo. in the election in the City of Nixa held on the 84 day of April, 2014 and that one ofthe issues voted upon was shall the City of Nixa, Missouri issue bonds in the amount not to exceed Seven Million Eight Hundred Ten Thousand Dollars ($7,810,000) to fund capital improvements, including the acquisition, equipping and development of parks, the In'king of street improvements and the construction of sidewalks and, if necessary, the acquisition of rights-of-way, and impose a sales tax of one-half of one percent (1/2 of 196) to repay such bonds with the sales tax to sunset upon the repayment in full of all outstanding bonds hereby authorized and issued. After reviewing the verified Petition filed by Plaintiff, the Court does hereby determine that a recount of the votes by hand is warranted and does hereby find that the question presented to the voters was defeated by less than One Percent (1%) of the votes cast on the question and therefore, pursuant to Section 115.601 R.SMo.,the Plaintiff is entitled to a hand recount of the votes on the question defeated. '1 LAIr-1 QC: 1.n- bl n7'7n ,(11!Al-1]Ang,Itin- nmlt-J [,imn,n,„ Therefore, it is hereby Ordered, Adjudged and Decreed as follows: 1. That the Defendant Kay Brown, County Clerk of Christian County, State of Missouri, conduct a hand recount of the votes cast on the question presented, and the Court does hereby appoint sixteen (16) duly qualified, disinterested; and registered voters to conduct the hand recount at a time and date deteimined by Defendant Kay Brown. 2. The court does hereby appoint the folIowing persons to conduct the recount: Democrat Republican Jeanne Clark Jackie Perry John Ross , Peggy Ross Helen Dale Judy Robison Bob Wiegand Cindy Flugher Norene Nonnan Kirby Holbrook Patrick Rush Patricia Rush RickHennann Loretta Hermann Vivian King Carl Schimek' Robert Younger Rebecca Schimek Bob Pata Tom Taylor 3. That the County Clerk provide the results of the mcount to the Plaintiff and the Court upon completion thereof for further Order. Cost of recount shall be taxed as costs to Christian County. SO ORDERED. W 5-2-19 Honorable Mark E. Orr, Circuit Judge of Christian County, MisSOUIi IN THE CIRCUIT COURT OF CHRISTIAN COUNTY Electronically Filed - Christian - May 02,20'14 - 01:58 PM STATE OF MISSOURI City of Nixa, Missouri Plaintiffs VS. ) Case No. 14CT-CC00354 ICay Brown, i County Clerk/Election Authority ) of Christian County, State or Misiouri ) Defendant ) ORDER FOR RECOUNT COMES NOW on the 2nd day of Ma 2014, the City of Nixa, Missouri, appeats by D. Patrick Sweeney of Hall Ansley, P.C. and for its Petition for'Recount pursuant to Section 115.601 R.S.Mo. in tlic election·in the City of Nixa held on the Sm day of April, 2014 and that one ofthe issues voted upon was shall the City of Nixa, Missouri issue bonds in the amount not to exceed Seven Million Eight Hundred Ten Thousand Dollars ($7,810,000) to fund capital improvements, including the acquisition, equipping and development of parks, the making of street improvements and tile construction of sidewalks and, if necessary, the acquisition of rights-of-way, and impose a sales tax of one-half ofone percent (1/2 of 1 %) to repay suchbonds with the sales tax to sunset upon the repayment in full of all outstanding bonds hereby authorized and issued. After reviewing the verified Petition filed by Plaintiff, the Court does hereby determine that a recount of the votes by hand is warranted and does hereby find that tile question presented to the voters was defeated by less than One Percent 0 %) of the votes cast on the question and therefore, pursuant to Section 115.601 R.S.Mo.,the Plaintiff is entitled to a hand recount of the votes on tlie question defeated. Therefore, it is hereby Ordered, Adjudged and Decreed as follows: Electronically Filed - Christjan - May 02, 2014 - 01:58 PM I. That the Defendant Kay Brown, County CIerk of Christian County, State of Missouri. conduct a hand recount of the votes cast on the question presented, and the Court does hereby appoint sixteen (16) duly qualified, disinterested, and registered voters to conduct the hand recount at a time and date detennined by Defendant Kay Brown. 2. The court does hereby appoint the following persons to conduct the recount: Democrat Republican Jeanne Clark Jackie Perry John Ross Peggy Ross Helen Date Judy Robison Bob Wiegand Cindy Fluther Norene Norman Kirby Holbrook Patrick Rush Patricia Rush Rick Hermann Loretta Hermann Vivian King Carl Schimek Robert Younger Rebecca Schimek Bob Pata Tom Taylor 3. That the County Clerk provide the results of the recount to the Plaintiff and the Court upon completion thereof for further Order. Cost of recount shall be taxed as costs to Christian County. SO ORDERED. W. 1,/ 5-2-19 Honorable Mark E. Orr, Circuit Judge of Christian County, Missouri RECOUNTJUDGES Tuesday, May 13m, 2014 DEMOCRATE REPUBLICAN Jeanne Clark 725-3342 Jackie PerrY 725-1477 John Ross 725-2719 Peggy Ross 725-2719 Bob Weigand 894-5847 Judy Robison 725-3638 Norene Norman 724-0456 Cindy Flugher 724-9297 Patrick Rush 725-1121 Patricia Rush 725-1121 Rick Hermann 724-1327 Carl Schimek 725-9444 Loretta Hermann 724-1327 Rebecca Schimek 725-9444 Kirby Holbrook 234-0710 Thorn Taylor 343-0055 ALTERNATES (R) Roger Flugher 724-9297 (R) Jacqueline Ramage 724-8711 (R) Roy Wehling 827-3045 (R) Sharon Wehling 827-3045 (R) Betty Tennis 725-3278 - Section 115-587 Persons conducting recount, how selecte Page 1 of 1 Missouri Revised Statutes Chapter 115 Election Authorities and Conduct of Elections Section 115.587 August 28,2013 Persons conducting recount, how selected. 115.587. Whenever a recount is ordered pursuant to section 1 15.583 or 1 15.601, the court or legislative body shall determine the number of persons necessary to assist with the recount and shall appoint such persons equally from lists submitted to the court or legislative body by the contestant and the contestee. Each person appointed pursuant to this section shall be a disinterested person and a registered voter ofthe area in which the contested election was held. Each person so appointed shall take the oath prescribed for and receive the same pay as an election judge in the jurisdiction where he is registered. After being sworn not to disclose any facts uncovered by the recount, except those which are contained in the court or legislative report, the contestant and the contestee shall be permitted to be present in person or represented by an attorney at the recount and to observe the recount. Each recount shalI be completed under the supervision of the court or legislative body, and the persons appointed to assist with the recount shall perform such duties as the court or legislative body shall direct. Upon completion of any duties prescribed by the court or legislative body, the persons appointed to assist with the recount shall make a written and signed report of their findings to the court or legislative body. The findings ofthe persons appointed to assist with the recount shall be prima facie evidence of the facts stated therein, but any person present at the examination ofthe votes may be heard as a witness to contradict the findings. No one other than the election authority, representatives of the court or legislative body, the contestant and contestee, their attorneys, and those specifically appointed by the court or legislative body to assist with the recount shall be present during any recount ordered pursuant to the provisions of section 1 15.583 or 1 15.601. (L. 1977 H.B. 101 § 13.415) Effective 1-1-78 © Copyright Missouri General Assembly http://www.moga.mo.gov/statutes/(100-199/1150000587.HTM 5/2/2014 INSTRUCTIONS FOR THE RECOUNT 1. Select a precinct and open the ballot bags with scissors · provided. 2. One from each side will call the vote either yes or no. 3. One from each side will write the slash for each vote. 4. After four slashes the fifth slash the writer's say tally. 5. Throughout the day those taking the tallies will compare for accuracy. 6. Half-way through the day the partner's may choose to trade places. * 7. The judge that is the second set of eyes to review the vote will speak the word I AFFIRM or I CONCUR. 8. The only words to say are: Yes, No, or Tally- must be said softly - no other conversation because it is very difficult to hear. 9. Each precinct must be tallied on tally sheet and ballots put away before starting a new precinct. We will take bathroom breaks and a lunch break at 11:30 a.m. Date: April 10, 2014Time: 9:12:56 AM Page 77 48.27% O 0 4 i . 0 %9k·OF 591 0 i' g' 0, 520-M el 20 80 80 |NO . 1 51.73% 64.18% Gi 5. 5649·65 KEE 0 mo 00 80 me GENERAL MUNICIPAL ELECTIONCHRISTIAN COUNTY, MISSOURI.TUESDAY, APRIL 8, 2014040814OFFICIAL RESULTS NIXA QUESTION otes YES 20 10 00 90 El= 110 Statement of Votes Cast otal e mt; Am ;22 Ng e U h h Bq 0% 62 2§ . 0 NIXA COUNCIL MEMBER DIST 3 2 0 0 . C. NO M 0 a .4 OZ ZO 00 01 COe-, 2 2 2 1% 3% 6 32 NN 2S * g ..m2=E £9929 Ill *Se!3 a U! 0 5 00_a,•EcomE'11.EcorGE 5782316@21620=ce Eecoc<=c =cuimELL 2 5 910 g ZZ 5 310 5 %< E NO & 3:O. g N g *0 E 920 g eo g *2 E z< g g : o .ma- o .o J oi a: 0..0 o.o z o.oco o.ob o .¤ 0: oNz ¤,¤0: o .oof o.mo o .o :z j-trv*f73&7·' :i! " 73!f *r''l'trUEPE WIXA-'.SCHOOI-y .4,7 .Yoritmf: 204 H:4,84t. 'r·'J · rrr t. 1t:. - , - ·' ''' *' 4'66 ' 1A ·'.il i ·' Precincts NAME VOTERCOUNT CASSIDY 1 10 CASSIDY 2 157 GARDEN GROVE 1996 LINCOLN 1 2 N GALLOWAY 109 NORTHVIEW 2819 NORTHVIEW 2 1935 ROSEDALE #lA - INSIDE CITY 2293 ROSEDALE #2 - OUTSIDE CIr( 1858 Rosedale 18 2161 UNION CHAPEL #1 - INSIDE CITY 2872 UNION CHAPEL #2 - OUTSIDE CIrf 2982 WEST FINLEY 124 t . 4 -1 . ./. . ... . i District .NIXA WARD 1 . / 4 r.9 · 9 : 8 2... . ,-h* e? /. .1/ r Page: 5 PRECINCT YES NO TOTALS Union Chapel 1 3744-f 3498 723 711 Rosedale lA 2922/ 163/1 455 45-7 Garden Grove mo 4 - 1 CC- 355 .1=L.11 Northview 1 378 275 +1 653 GY Northview 2 189+3 143 332 Rosedale lB 231- 155 - 386 Absentee 121=_. 70+1 141 WH TOTALS 1735 1310 3045 17£0 13!6 2 305-6 375- 73 1-00 1-3 I 7-7 f 190 313 INSTRUCTIONS FOR THE RECOUNT 1. Select a precinct and open the ballot bags with scissors provided. . 2. One from each side will call the vote either yes or no. 3. One from each side will write the slash for each vote. 4. After four slashes the fifth slash the writer's say tally. 5. Throughout the day those taking the tallies will compare for accuracy. 6. Half-way through the day the partner's may choose to trade places. 7. The judge that is the second set of eyes to review the vote will speak the word I AFFIRM or I CONCUR. 8. The only words to say are: Yes, No, or Tally- must be said softly - no other conversation because it is very difficult to hear. 9. Each precinct must be tallied on tally sheet and ballots put away before starting a new precinct. We will take bathroom breaks and a lunch break at 11:30 a.m.