STATE OF MISSOURI Office of Secretary of State NOTIFICATION OF RECOUNT Pursuant to Section 115.661.3, RSMo. THE MISSOURI SECRETARY OF STATE, To all the Election Authorities, State ofMissouri: WHEREAS, I have been duly notified that the restilts ofthe Special Election August 5, 2014, for Constitutional Amendment 1, established the defeat of a ballot question by less than one-half of one percent of the votes cast; and WHEREAS, I have been requested by a registered voter whose position on the ballot question was defeated by less than one-half of one percent ofthe votes cast, to hold a recount of the votes on Constitutional Amendment 1 pursuant to Section 1 15.601, RSMo. NOW THEREFORE, I, JASON KANDER, SECRETARY OF STATE OF MISSOURI, do hereby issue this Notification ofRecount to all Missouri Election Authorities and further authorize the Election Authorities to recount the ballots in their jurisdictions during the August 5,2014 Special Election on Constitutional Amendment 1. The recount of ballots in each jurisdiction shall be conducted according to procedures directed by the Secretary of State. Election Authorities shall certify and deliver results of this recount to the Secretary of State's Office on or before September 11, 2014. IN TESTIMONY WHEREOF, I SECRETA hereunto set my hand and affix the Seal ofmy office. Done at the City of Jefferson, this 26h day of August, 0+ OP % 2014. SEAL STATE l,/ Secretary of State ESSSDZ Comm. 27 (01-01) Deadline 8/26 00 - 8/28 3/6 - 92/8 £/6 t/6 I I/6 U'841 13}BI ON 00 0 -17 .3 2E m .S e +J U:C 2 0 . U 3% Ov g 44 9 71 /93 8 E E E & MU+S 000 6=1 2 02 51 tag U A d UO =21 -0 E 60 OSM /50 2 E 47 07 2 2 40 S.@ B 53 4-1 co d' 0 O 4 O -86 ¤ 0073 0 I solemnly swear that I will impartially discharge the duties ofjudge according to law, to the best of my ability and that I will not disclose how any voter has voted unless I am required to do so as a witness in a properjudicial proceeding. I also affirm that I will not allow any person to vote who is not entitled to vote and that I will make no statement nor give any information of any kind tending in any way to show the state ofthe count prior to the close of the polls on election day. I further swear that I will not disclose any facts uncovered by the recount, except those which are contained in the Report of Findings. Sworn and subscribed to before me this .................day of , 20... Judge ofElection Election Authority (Judge ofElection) witnessing oath 1 Missouri Secretary of State Constitutional Amendment 1 - August 5, 2014 Election Official Recount Procedures and Timeline 3. Tally summary sheet (enclosed) The LEA must also keep copies of all originals and copies of these documents in their office. Exception to Procedures The above procedures apply except as otherwise agreed to by the concerned parties and approved by the LEA and the SOS. Any proposed exceptions to these procedures must be signed by each concerned party and submitted to the SOS in writing no later than 5:00 p.m. on September 2,2014. 5 WD68098: C. Kay Dolan, Respondent, and Monica Penrose, Plaintiff, v. Gilbert Powers,... Page 1 of 11 Audiclar¥ Supreme Court Court of Auneals Circuit Courts Courts Administrator Contact Us This slip opinion is subject to revision and may not reflect the final opinion adopted by the Cotert. Opinion Missouri Court of Appeals Western District Case Style: C. Kay Dolan, Respondent, and Monica Penrose, Plaintiff, v. Gilbert Powers, Defendant, and Teresa A. Collins, Appellant and Lynn Stoppy Brackin, Defendant. Case Number: WD68098 Handdown Date: 01/29/2008 Appeal From: Circuit Court of Johnson County, Hon. John R. O'Malley, Judge Counsel for Appellant: Jean Paul Bradshaw lI Counsel for Respondent: Patrick Andrew McInerney Opinion Summary: Teresa A. Collins appeals a trial court's judgment declaring C. Kay Dolan tile winnerk)f the Johnson County, Missouri Auditor's race after a statutorily-authorized recount. 1 AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. 1 Division holds: Ballots containing marks in or around a candidate's party affiliation were properly counted, as they constituted distinguishing mark adjacent to the party name. Howevell the trial court was without sufficient evidence to decide whether the absence of statutorily mandated judges initials was due to mistake. The judgment is affirmed as to the party affiliation ballots and is reversed and remanded tor further proceedings on the question o f whether the absent initials were the result of mistake. Citation: Opinion Author: Ronald R. Holliger, Judge Opinion Vote: AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Breckenridge, P.J.,(FNI) and Spinden, J., coneur. Opinion: http:Uwww.courts.mo.gov/courts/pubopinions.nsf/ccd96539c3fb13ce8625661 04bc7daffEa... 8/6/2008 1 WD68098: C. Kay Dolan, Respondent, and Monica Penrose, Plaintiff, v. Gilbert Powers,... P age 2 of 11 In this election contest case we are asked to determine whether the trial court properly ruled with regard to counting certain contested ballots in an extremely close local race for county auditor of Johnson County. The results of the recount changed the initially announced result ofthe election. Teresa A. Collins now appeals the trial court's judgment declaring C. Kay Dolan to have been the actual winner bf the race after the recount that was required by law because of the closeness of the vote. Collins argues six points on appeal, three of which are dispositive. She challenges the inclusion in the final tally of certain ballots falling into two separate classes. The first are what we will call party identification ballots. The second is a group ofballots that did not contain the initials of election place polling judges. We find that the ballots containing marks in or around the candidates' party affiliations were properly counted, as they constituted a distinguishing mark adjacent to the candidate name. However, we believe that the trial court was without sufficient evidence to decide whether the absence of the statutority mandated judge's initiais was due to mistake and, therefore, remand on this point. Therefore, the judgment is affirmed in part and reversed in part. Statement of Facts The general election for Johnson County, Missouri, Auditor was held on November 7,2006, and Teresa A. Collins was declared the winner by a margin of four votes. Her opponent, C. Kay Dolan, filed this suit challenging the election results pursuant to section 1 15.601.1.(FN2) After a hearing on January 3, the court ordered that a hand recount be conducted of all ballots cast using optical scanning equipment, (FN3) and thereafter issued a Writ of Recount pursuant to Section 1 15.585(FN4) and Section 1 15.587 (FN5) setting out the specifics of how the recount would be conducted. The day after the conclusion of the recount, Gilbert Powers, the Johnson County, Missouri, County Clerk, submitted his Report of Findings to the court. The report concluded that Dolan, not Collins as originally announced, had won the race by a three----vote margin. The report also identified twenty---- one challenged ballots, ofwhich, three ballots were challenged by the statutory recount"team," a "team member" challenged eleven ballots, and an "observer" challenged seven ballots. Of the twenty----one chalienged ballots, Respondent Powers counted eighteen ballots in reaching the recount result: fourteen for Dolan and four for Collins. After a hearing on the challenged ballots, the court found that Dolan won the election by two votes, concluding that the recount team should not have counied one of the ballots. On February 27, the court entered its amended order/judgment, which memorialized its rulings on the challenged ballots and declared Dolan the winner of the Auditor's race. It also ordered Collins to give up the office of Counry Auditor. Collins argues six points on appeal. In points I, II and IV she attacks the court's counting ofBallot numbers 22,23,25,26,29, and 30 on the grounds, variously, that the court misapplied the law, failed to apply the law, or that the judgment violated the statewide, uniform counting standards required by the equal protection clause. These are the so---called party affiliation ballots. In point III, she makes an additional attack on the counting of ballot number 22, asserting that it should have been held to be an invalid overvote. Alternatively, she argues that if the standard applied to number 22 was correct, the court should have also counted ballot number 11. Three points are dispositive and, therefore, will be addressed below. In her first point on appeal, Collins argues that ballots containing a circle around the candidate's party affiliation should not have been counted because those ballots did not contain a mark in the "target area" of the ballot. In her fifth point, Collins argues that the court erred in counting eleven ballots as valid votes because those ballots contained no authenticating initials of the election judges as required by http://www.courts.mo.gov/courts/pubopinions.nsf/ccd96539c3fb13ce8625661 f004bc7da/Ea... 8/6/2008 t. WD68098: C. Kay Dolan, Respondent, and Monica Penrose, Plaintiff, v. Gilbert Powers, ... Page 3 of 1 1 statute.(FNG) In her sixth point, Collins argues that the trial court erred in not permitting her to conduct discovery concerning the challenged ballots that did not contain the initials o f the election judges. Missouri Secretary of State's Uniform Counting Standards Tile parties agree that the Missouri Secretary of States Uniform Counting Standards for Optical Scan Ballots (UCS), published at 15 CSR 30---9.020, as well as Chapter 115 of the Missouri Revised Statutes. direct the outcome of the case. The national drive to develop specific, unifoim. statewide standards for counting mismarked ballots in close elections began with the Supreme Court's decision in Bush v. Gore, 531 U.S. 98 (2000), and the Florida election recount which spawned that decision. Bush vacated a FIorida Supreme Court decision, which had ordered a partial recount of punch----card ballots in the 2000 presidential election. The Florida Supreme Court had ordered recount teams to determine whether additional "legal votes" existed among the ballots that tabulating machines had not counted; a "legal vote" was defined as "one in which there is a'clear indication of the intent of the voter."' Id. at 102. The Supreme Court held that conducting a recount under this amorphous standard would deny voters equal protection of the laws. Id. at 103. The Court held that equal protection guarantees applied not only to the right to vote, but also to the manner in which the franchise is exercised, Id. at 104----05. Therefore, equal protection demands that ballots be considered according to specific, uniform, statewide standards, beyond vague directives to determine "lhe intent of the voter." W. at 105.-06. In the aftermath of the 2000 election and Bush, the United States Congress enacted the "Help America Vote Act" (HAVA), which contains detailed extensive provisions designed to upgrade and modernize voting equipment and election processes throughout the country. HAVA required diat "[elach State" adopt "uniform and nondiscriminatory standards that define what constitutes avote and what will be counted as a vote for each category of voting system used in the State." 42 U.S.C. Section 15481(a)(6). Missouri Secretary of State Robin Camahan responded to this HAVA command by reviewing and substantially revising Missouri's UCS. The UCS are tailored to each type of voting system used within the State, and are accompanied by illustrations intended to provide further specific guidance to persons called upon to determine the legality of individual ballots. Party Affiliation Ballots Despite the instruction at the top of the ballot stating that "To vote, darken the oval(s) completely next to your choice(s),like this: [example]"(FN7) six voters made marks in, over, or around the candidate's party affiliation to the right of the candidate's name on the ballot, rather than in the oval to the left of the candidate's name. The recount team counted all six party affiliation ballots in Dolan's favor. The court counted all but one in Dolan's favor.(FNS) On appeal, Collins argues that none of these ballots should have been counted because they did not contain a mark in the "target area" of the ballot nor did they have a circle around the name of the voter's preferred candidate. She argues that these are the only two options that the UCS provides and that when promulgating the UCS, the Secretary of State expressly considered and rejected counting ballots with marks placed over the candidate's party name. As support for that positions she points to the fact that the proposed rule contained such an inclusion, which was ultimately not incorporated into the UCS. The parties disagree as to the standard ofreview with regard to tile trial court's determination of whether these ballots were marked in the "target area." Collins argues that it is a question of application of the law, which we review de novo. See Dudley v. Agniel, 201 S.W.3d 617,618 (Mo. banc 2006). Dolan argues that it is a question of fact, which we review under the standard of Mitiphy v. Caron, 536 S.W.2d 30 (Mo. banc 1976). Dolan argues that there is no definition of target area in the UCS and, therefore, it http://www.courts.mo.gov/courts/pubopinions.nsf/ced96539c3813ce8625661 f004bc7da/f8a... 8/6/2008 WD68098: C. Kay Dolan, Respondent. and Monica Penrose, Plaintiff, v. Gilbert Powers,... Page 4 of 11 was a factual question as to what the target area was. We disagree. To hold that the question was merely one of fact would undermine the statutory and constitutional requirement o f a uniform statewide counting standard. Nevertheless, we likewise do not accept Collins' argument that the statutes and regulations define a proper ballot as being only one that has a mark in the oval. The oval is the "target area" as Collins contends. See 15 CSR 30----9.020 0)(A). However, the regulation does not limit the definition of a proper mark to one that is in the oval. In full, the regulation establishes:, The following marks shall be considered expressions of voter intent: (A) Any ballot which is properly marked in the target area as specified by the ballot instructions. (B) [not relevant here]. (C) The target area next to a candidate or issue preference is circled. (D) There is a distinguishing mark in the target area next to a candidate or issue preference issue, including but not limited to the following examples: [exemplar ballots and marks set out in the regulation]. (13) The name of a candidate or issue preference is circled. (F) [not relevant here]. 15 CSR 30--9.020 0). In essence, Collins contends that if a ballot is not marked as shown in one of the examples illustrated in the regulation, it cannot be considered indicative o f voter intent. We disagree with her conclusion and do not believe that either the Missouri General Assembly or the UCS intended that result. Dolan argues that the examples set out in subsection (D) are by their own terms not exclusive. Although correct, we do not agree with Dolan that this subsection creates a different definition of target area. We believe that Collins correctly argues that subsection (D) only applies to various methods ofmarking (other than filling in) the target area, which in the case in question is the oval. That agreement with Collins' argument does not mean, however, that the trial court erred. We must also be guided by the instructions given by the legislature in Chapter 115 of the Missouri Revised Statutes at the same time that it directed the Secretary of State to develop the regulations being discussed. Under the section titled "Counting of Votes" the election authority is given specific standards ofhow to count votes depending on which type of system is used to cast the ballot. For counting ballots cast using optical scan voting systems (the system in question here), it is directed that: "In jurisdictions using centrally based tabulators, ifa ballot is so rejected it shall be reviewed by a bipartisan team usingthe following criteria: (b) Voter intent shall be determined using the following criteria: a. There is a distinguishing mark in the printed oval or divided arrow adjacent to the name of the candidate or issue preference. [This provision is incorporated and explained in subsections (A) and (C) and (D)'of the regulation as discussed above.] b. There is a distinguishing mark adjacent to the name qfthe candidate or issue preference": or a. The name of candidate or issue preference is circled. [This provision is incorporated and explained in subsection (E) of the regulation.] http://www.courts.mo.gov/courts/pubopinions.nsiked96539c3fb13ce8625661 f004bc7da/f8a... 8/6/2008 WD68098: C. Kay Dolan, Respondent. and Monica Penrose, Plaintiff, v. Gilbert Powers.... Page 5 of 11 Section 1 15.456.2(3)(b)b (2006 Cum. Supp.) (emphasis added). There is no portion of the regulation that sets out or explains subsection b. ofthe statute. To accept Collins' argument would force us to conclude that subsection b. has no meaning because it is not incorporated into the UCS by the Secretary of State. We cannot assume the legislature intended a meaningless act. ;Follard v. City ofKansas City, 831 S.W.2d 200,203 (Mo. banc 1992). It is this provision of the statute that we will consider in determining whether the election judges and the trial court erred in applying it to the ballots in question.(FN9) Here, the court counted five ballots (numbers 22,23,25,26 and 30) in which marks were made in, over, or around the candidate's party affiliation to the far right----hand side of the ballot, rather than in the oval immediately to theleft ofthe candidate's name. The definition of"adjacent" is "[1]ying near or close to; sometimes, contiguous; neighboring." BLACK'S LAW DICTIONARY 41 (6th ed. 1990). A mark made in, over, or around the candidate's party affiliation, which is to the right of the party's name is sufficient to satisfy the "adjacent to" requirement of Section 1 15.456.2(3)(b)b. It is particularly noteworthy that the voters casting the ballots in question had consistently marked or circled each candidatds party affiliation, and had voted for candidates from differing parties. Nevertheless, Collins argues that the ballots were improperly counted because they violated the last clause of section 1 15.456.5 that "[n] otwithstanding any other provisions of law, a distinguishing mark indicating a general preference for or against candidates of one political party shall not be considered a vote for or against any specific candidate." We agree with Dolan that the use of the singular term "mark" along with the phrase. "indicating a general preference" is a prohibition against strict party voting. The legislature's intent to prohibit voting by way of a "straight party ticket" is also evident from section 1 15.237. which prohibits the election authority from designing a ballot that allows "a person to vote a straight political party ticket." Section 1 15.237.4. Separate Challenge to Ballot Number 22 Collins separately challenges ballot number 22 on an additional ground. She contends that it should not have been counted in favor of Dolan because it was an overvote. Alternatively, she argues that if it was properly counted then ballot number 11 in favor of Collins was improperly and inconsistently rejected as an overvote. An overvote occurs when a ballot is marked for more than one candidate in the same race. Overvotes are not to be counted. Section 115.453(2). On ballot number 22, the oval next to Dolan's name was completely filled in while there was a small mark in the oval next to Collins' name. The court found that the mark in the oval next to Collins' name was so small that it appeared to be infinitesimal and a stray mark. Collins now argues that, under the statute and the regulation, both marks are distinguishing marks indicating a vote for both candidates. She argues again that, under regulations, no example is given permitting such an action. She also relies on the fact that, in her final regulation, the 9 Secretary of State omitted a provision in the proposed rule that would have allowed hesitation or stray marks to be considered an expression of voter intent. The examples given in 15 CSR -30.9.020(F) are for situations where the voter has clearly and expressly made a distinguishing mark that would othenvise be sufficient to be counted as a vote for both parties in the race. She has turned this example on its head and contradictorily argues that a hesitation or stray mark on ballot 22 should be counted as a vote for her. This is the position rejected apparently by the Secretary in adopting the final regulations. Moreover, all of the examples set forth in the UCS deal with situations where a clear overvote has been cast and some other marking is used to determine which mark should be counted. Nor do we accept Collins' argument that consistency would also require counting ballot 11 in her favor under the standard applied by the court. Ballot number 11 contains an oval completely filled in for Collins. The oval next to Dolan's name contains a mark that fills nearly 25% of the oval and extends beyond its boundary. It is not a stray or hesitation mark and would clearly be sufficient to constitute a "distinguishing mark" for a http://www.courts.mo.gov/courts/pubopinions.nsf/ccd96539c3fb13(e86256611004bc7da/fBa... 8/6/2008 t WD68098: C. Kay Dolan, Respondent, and Monica Penrose, Plaintiff, v. Gilbert Powers,... Page 6 of 11 candidate. It was clearly an overvote under the statutory standard. Ballot number 22 was not. In conclusion, we find that the trial court correctly counted ballots 22,23,25,26, and 30 for candidate Dolan. Its ruling and judgment comport with the statutes, UCS, and the requirements of equal protection. The court did not apply personal and subjective tests in determining voter intent. Points I, II, III, and IV are denied. Because the counting of these ballots does not definitively determine the results of the election from the recounts, we must consider the challenges to the other class ofballots. Non---initiated Ballots During the recount, Respondent Powers and the recount team counted eleven ballots that were not initialed by the election judges as required by statute. These ballots were marked seven to four in favor of Dolan. Section 1 15.457 provides that "[i] f a ballot appears without the initials of two election judges, the ballot shall be rejected, except when it appears the absence of initials is due to mistake ofthe election judges and that the ballot is othenvise legal and proper." The court held that the unauthenticated ballots should be counted in the absence of evidence of "some sort ofobvious irregularity." Collins argued that she should have been permitted to conduct "very limited discovery" into the circumstances surrounding the absence of the required election judges' initials. The court denied this request. A *ick outline ofthe voting procedures will assist us in our analysis. A voter entering a polling place first signs the precinct register, and two election judges of opposing political parties identify the voter and initial the register. Section 1 15.431 (2006 Cum. Supp.). "All voter's names on the,precinct register [are] numbered consecutively in the order in which they have signed. . ." Section 115.431 (2006 Cum. Supp.). After the votefs identity has been certified, "two judges of different political parties, or one judge from a major political party and onejudge with no political affiliation, shall... initial the voter's ballot orballot card." Section 1 15.433 (2006 Cum. Supp.). Once these requirements have been satisfied, "the election judges shall allow the voter to proceed to the voting booth and vote." Section 1 15.435. Immediately after the polls close "in each polling place using an electronic voting system, the election judges shall secure the marking devices against further voting" (FN 10) and "remove the balIot cards from the ballot box and separate the ballots with write----in votes from those without write----in votes."(FN11) Section 115.467.1 & 1 "Al! ballot cards shall be counted in order by polling place." Section 115.477.2. A return shall be produced by the automatic tabulating equipment(FN12) "showing the total number ofvotes cast for each candidate...at each polling place and in thejurisdiction as a whole." Section 115.477.2. The election judges must "Mertify in the tally book: the number of ballots cast by reconciling the ballot stubs against the number of identification certificates signed; the number o f defective and spoiled ballots; the number of ballots with write----in votes; and the number ofballots received at the polling place which were not cast at the election." Section 1 15.471(1). Importantly, "[ilf the number of signed identification certificates is not the same as the number of ballots cast, the judges shall make a signed statement of the fact and the reasons therefor, ifknown, and shall return the statement with the statement of returns." Id. "The final and correct return printed by the automatic tabulating equipment added to the write----in, absentee and handcounted votes shall be the official return of each polling place and jurisdiction.." Section 1 15.481. "As soon as practicable after each election, the election authority shall convene a verification board to verify the count and certify the results of the election." Section 1 15.497. "[T]he verification board shall meet and check the addition and figures on all tally sheets and statement ofreturns and shall compare its records with the returns made by the election judges and the election authority the day of the election." Section 115.501. The verification board must then "issue a statement http:Uwww.courts.mo.gov/courts/pubopinions.nsf/ccd96539c3fb13ce8625661004bc7daffSa... 8/6/2008 WD68098: C. Kay Dolan, Respondent, and Monica Penrose, Plaintiff, v. Gilbert Powers, ... Page 7 of 11 announcing the results of each election held within its jurisdiction and shall certify the returns to each political subdivision and special district submitting a candidate...at the election." Section 1 15.507.1 (2006 Cum. Supp.). Section 1 15.457 instructs the counting judges not to count ballots in which no judge's initials appear, "except when it appears the absence ofinitials is due to mistake of the election judges and that the ballot is otherwise legal andproper." Here, the counting judges (actually the recount team) counted the ballots; therefore, they must have decided that the exception applied. Collins argues that Dolan, as the proponent of the non-initialed ballots. has the burden ofproof to show that the absence of the initials on the eleven ballots was due to mistake of the polling judges. We disagree. Collins has failed to consider the procedural posture before the trial court after the recount was concluded: Dolan was entitled to a recount of the ballots for the auditor race under section 1 15.601 because of the closeness ofthe vote. No proofofirregularity was required. Such a recount was ordered pursuant to sections 1 15.585-115.601. Collins does not raise any issue about the propriety of ordering a recount or the procedure that was utilized. Under section 115.587, the court appointed a recount team of equal members from lists submitted by Collins and Dolan. Attorneys for each candidate were allowed to be present. It was the responsibility of the recount team to consider all o f the ballots in question, (FN 13) to determine whether they should or should not be counted and to make its report through Powers to the court of its findings. Each member ofthe team and the attorneys for the candidates were allowed to object to the determination by the recount team of whether or not a ballot should be counted. The recount team determined that each of the uninitialed ballots should be counted. Either Collins' attorney or one ofthe team members she proposed challenged those detenninations at the time of the recount. Collins raises no issue that the ballots are improper for any reason other than the lack of initials. According to Section 115.587, the findings ofthe recount team are to be considered "prima facie evidence of the facts stated therein." " Prima facie" as an adjective is defined as "[slufficient to establish a fact or raise a presumption unless disproved or rebutted ." BLACK'S LAW DICTIONARY 1228 (8 ed. 1999). "Prime facie evidence" is "[elvidence that will establish a fact or sustain a judgment unless contradictory evidence is produced." See also Hobbs v. Dir. «Re•,enue, 109 S.W.3d 220,222 (Mo.App. E.D. 2003). That the recount team decided to count the uninitialed ballots is prima facie evidence of the fact (required by section 115.587) that the lack of initials was the result of mistake. It was, therefore, sufficient to show a prima facie case for the inclusion ofthose ballots. A "prima facie case" is defined as"[a] party's production of enough evidence to allow the fact----trier to infer the fact at issue and rule in the party's favor." Id. at 222 n.3. This principle has been utilized in a similar manner in other situations where the legislature has used the term "prima facie evidence." See, e.g., Stadium W. Props., L.L.C v. Johnson, 133 S.W. 3d 128 (Mo. App. W.D. 2004) (applying section 140.460.1 to the recording ofa tax deed as prima facie evidence ofthe regularity ofthe sale). We conclude, therefore, that the party challenging the counting of the uninitialed ballots by the recount team has the burden ofproof. In this case the burden would be on Collins to show that the recount team erred in counting the ballots because the absence of initials was not the result of a mistake. Collins requested discovery on this issue, which the court denied. Instead, the court issued its judgment based on the face ofthe ballot. We believe that the trial court erred in this respect and that Collins should have been allowed to conduct discovery on this issue. The most obvious purpose ofthe initials requirement is to prevent voting fraud perpetrated in one of two ways: casting a ballot without being properly signed--in by the polling judges, or casting more than one ballot. The statutes require the polling place judges to compare the number ofsigned----in voters with the number ofballots cast to detect such possible fraud. See section 115.471. That report is to be reviewed by the election authority and was available to the recount team. That would seem to be the first http://www.courts.mo.gov/courts/pubopinions.nsf/ccd96539c3ft,13ce8625661 f004bc7da/a... 8/6/2008 L WD68098: C. Kay Dolan, Respondent, and Monica Penrose. Plaintiff, v. Gilbert Powers, ... Page 8 of 1 1 avenue for Collins to seek discovery. There may be other evidence also relevant to the issue. We reject that the trial judge's personal review of the ballots was conclusive as to the issue. Rather, it was first the recount judges who had to determine whether the absence of initials on the ballots was a mistake. Thus, the fact that they counted those ballots was prima facie evidence ofmistake. The challenging party, in this case Collins, has tile burden to show that the recount judges erred and shouid have been allowed to conduct discovery on this issue. For the reasons stated, the determination of the trial court to count the so----called party identification ballots is affirmed and the rest of the matter reversed and remanded for discovery by Collins on the limited issue of the non----initiated ballots and an evidentiary hearing by the judge on that issue in accordance with the principles enunciated in this opinion. Footnotes: FNI. All statutory citations are to RSMo 2000 unless othenvise stated. Section 1 15.601.1 states that "[a] ny contestant in a primary or other election contest who was detlated by less than one percent of the votes cast for the office... shall have the right to a recount of the votes cast fur the office." FN2. The court did not deem a hand recount necessary for the touch screen ballots. FN3. "Whenever a recount is ordered pursuant to section ... 115.601, the court... trying the contest shall issue a writ to each election authority responsible for conducting the election in any area in which an alleged in·egularity occurred, commanding the election authority to prepare its office and al 1 records and material relating to the contested election for therecount."Section 115.585.1. FN4. "Whenever a recount is ordered pursuant to section... 115.601. the court... shall determine the ' number of persons necessary to assist with the recount and shall appoint such persons equally from lists submitted to the court . . .by the contestant and the conlestee. . . . Each recount shall be completed under the supervision ofthe court... and the persons appointed to assist with the recount shall perform such duties as the court... shall direct. Upon completion ofany duties prescribed by the court... the persons appointed to assist with the recount shall make a written and signed report o f their findings to the court...." Section 1 15.587. These findings shall be prima facie evidence of the fabts stated therein, but any person present at the examination of the votes may be heard as a witness to contradict the findings." ld. FN5. See section 115.457. FN6. An appendix to this opinion includes one of the contested "party affiliation ballots" for illustration. FN7. The court did not count one ballot on which only the "D" in "DEM" was colored in because it could not "ascertain what the person intended." FNS. Collins also argues that the Secretary of State specifically rejected a proposed regulation that would allow for counting votes with a mark on the party affiliation next to the candidate's name. We need not answer that argument because we are bound by the statutes as well as the regulations in determining the question of voter intent. FN9. A "marking device" is defined as "either an apparatus in which ballots are inserted and voted by use of a punch apparatus, or any approved device that will enable the votes to be couAted by automatic tabulating equipment." Section 1 15.013(14) (2006 Cum. Supp.). FN10. The election judges count the write----in votes first Section 115.467.1. FN11. "Automatic tabulating equipment" is defined as "the apparatus necessary to examine and automatically count votes. and the data processing machines which are used tor counting votes and tabulating results." Section 115.013(1) (2006 Cum. Supp.). FN12. Because a hand recount was ordered, this would be all of the ballots cast in the race. FN13. After this case was submitted for this court's decision, Judge Breekenridge was appointed to the http://www.courts.mo.gov/courts/pubopinions.nsf/ccd965390fb13ce8625661 f004bc7da/Ea... 8/6/2008 .. WD68098: C. Kay Dolan, Respondent, and Monica Penrose, Plaintiff, v. Gilbert Powers,... Page 9 of 11 Supreme Court of Missouri. By special assignment. she has continued to serve as a member of this court's panel in this case 4 http://www.courts.mo.gov/courts/pubopinions.nsf/ccd9653903fb13ce862566] f()04bc7da/Ea... 8/6/2008 WD68098: C. Kay Dolan, Respondent, and Monica Penrose, Plaintiff, v. Gilbert Power... Page 10 of 11 3/*+6411:49 OFFICIAL BALLOT 4.3 u.0 1 GENERAL ELECTION -NOVEMBER 7,2006 JOHNSON COUNTY, MISSOURI REPUBUCAN PARTY (REP) DEMOCRAnC PARTY (DEM) r LIBERTARIAN PARTY (UB) f PROGRES INSTRUCTIONS TO VOTERS To vote, darkenintheoval{s) completely nextto yourchoice(shlike this: e Write·In:.To vote tora valid ¥mle-incatid,date. wrte:Ile peson'$ r.arrD or, the }ke Monced and darken 11 tbe ove Ilycu are in favoroi aryqueston submitted upon:lus belot darkentheo,valto the lelt 01 the word 'YES'. 11 you are opposed to anyquestion submitted upon mis batot. darken Me cval to tie lottof the word 'NO: It you tear, doface. or make a mistake and wrongfully matt any ballot. you must return it to the election judges and rocel, FOR U.S. SENATOR FOR ASSOCtATE CIRCUIT JUDGE . FOR COUNTY Vote for ONE ASSOCIATE DIVISION L Vote for i JIM TALENT RFE Vote lec ONE TERESA A. COI , CLAIRE MCCASKILL DEM - KARL TiMMERMAN REP C. KAY DOLAN , FRANK GILMOUR LIB SUE DODSON ow 1 , LYDIA LEWIS PRG W·*4M FOR COLLECTOR Vote fo: W,Ile·In FOR ASSOCIATE CIRCUIT JUDGE PROBATE DIVISION RUTHANE SNA FOR STATE AUDITOR Vote for ONE ! Vote for ONE W/IN In , SANDRA THOMAS REP : . GARRETT R. (ROBIN) CROUCH n REP 1 ' , SUSAN MONTEE 071: CHARLE5 W. BAUM UB FOR PRESIDING COMMISSIONER i , TERRY BUNKER PRG: OF THE COUNTY COMMISSION Vote for ONE W,•In,ill WILLLAM R. 'BILL- BRENNER REP FOR U.S. REPRESENTAnVE 4TH DISTRICT JOHN A. HART [3614 Vote for ONE W=D r ...T ... ..... ... f · JAMES A. (JIM) NOLAND REP FOR CLERK OFTHE CIRCUIT COURT IKE SKELTON 828 Vole lor ONE BRYCE A. HOLTHOUSE LIB -- STEPHANIE ELKINS 03 MELINDA (IMEL) IVEY PRG V.,Ze /1 cnn rvt, rrw ri =nu. http:Uwww.courts.mo.gov/courts/pubopinions.nsf/ccd96539c3fbl 3ce8625661f004bc7daffSa... 8/6/2008 1 WD68098: C. Kay Dolan, Respondent, and Monica Penrose, Plaintiff, v. Gilbert Power... Page 11 of 11 Separate Opinion: None This slip opinion is slibjectto revision and may not rejlect The jinal opinion adopted by the Court. b - Judiciary I Supreme Court I Court of Appeals I Circuit Courts Om ce of State Courts Administrator I Statewide Court Automation Case.net I Court Opinions I Newsroom 1 Related Sites ICourt Forms Contact Us J http://www.courts.mo.govkourts/pubopinions.nsf/ccd96539e3fb13ce8625661 f004bc7da/tBa... 8/6/2008 1 1 i 1 -- 1 ROSEDALE'#lA Tally Summary Sheet for Exception for Sorting Ballots Without Party Designation Local Election Authority Name Optical Scan Summarv Electronic Manual Group A - All ballots with distinguishing marks in the 4 2 1. 9 JOB= designated area of Constitutional Amendment 1 414 W @11 V Group B - All ballots without distinguishing marks or i with marks outside the designated area for Constitutional 5 yl Amendment 1 Total of Group A and B 417 i N 4. DRE Summarv Count Group A - Number ofDREs with Democratic votes recorded i Group B - Number ofDREs with Republican votes recorded Group C -Number DREs with Libertarian votes recorded Group D -Number DREs with Constitution votes recorded Group E -Number ofDREs withNon-Partisan votes recorded Total of Group A, B, C, D, & E Constitutional 0/S electronic 0/S manual DRE manual Totals Amendment 1 recount totals recount totals recount totals Yes 0. No 1419 34 4 L ke»4+02 £ 09-2 5404_ Batictut SOUTH GALLOWAY Tally Summary Sheet for Exception for Sorting Ballots Without Party Designation r Local Election Authority Name Optical Scan Summarv Electronic Manual Group A - All ballots with distinguishing marks in the 147-» designated area of Constitutional Amendment 1 349- 3115- 195- AD Group B - All ballots without distinguishing marks or i; /5 --Ms with marks outside the designated area for Constitutional Amendment 1 1.2-' 12%%,a Total of Group A and B DRE Summarv Count Group A - Number ofDREs with Democratic votes recorded Group B - Number ofDREs with Republican votes recorded Group C-Number DREs with Libertarian votes recorded Group D - Number DREs with Constitution votes recorded Group E -Number ofDREs with Non-Partisan votes recorded Total of Group A, B, C, D, & E Constitutional O/S electronic O/S manual DRE manual Totals Amendment 1 recounttotals recounttotals recount totals Yes j47 149 0 No /95 195 0 fo-En LS - 34 A 30- 1 1 11 / 1 LEAD HILL/OLDFIELD TalIy Summary Sheet for Exception for Sorting Ballots Without Party Designation Local Election AuthorityName Optical Scan Summarv Electronic Manual . , YES -87 Group A - All ballots with distinguishing marks in the designated area ofConstitutional Amendment 1 ISo 1 50 WO -91 Group B -All ballots without distinguishing marks or 1 2-- 7165 -6 with marks outside the designated area for Constitutional Amendment 1 -BLAR K- 4 Total of Group A and B DRE Summarv Count Group A -Number ofDREs withDemocratic votes recorded Group B -Number ofDREs with Republican votes recorded Group C-Number DREs with Libertarian votes recorded Group D -Number DREs with Constitution votes recorded Group E -Number ofDREs withNon-Partisan votes recorded Total of Group A, B, C, D, & E Constitutional 0/S electronic O/S manual DRE manual Totals Amendment 1 rpenzint totals recount totals recount totals Yes 39 3 39 0 No 7 91 9/ D -TkrALL 18 D 1.50 1 MCCRACKEN Tally Summary Sheet for Exception for Sorting Ballots Without Party Designation Local Election Authority Name Optical Scan Summarv Electronic Manual 00,125 Group A - All ballots with distinguishing marks in the _rlo designated area of Constitutional Amendment 1 *59 3.55- Group B - All ballots without distinguishing marks or with marks outside the designated area for Constitutional 444 Amendment 1 5 - BLMA I Total of Group A and B DRE Summarv , Count Group A - Number ofDREs with Democratic votes recorded Group B - Number of DREs with Republican votes recorded Group C -Number DREs with Libertarian votes recorded Group D -Number DREs with Constitution votes recorded Group E - Number of DREs with Non-Partisan votes recorded TotaI of Group A, B, C, D, & E Constitutional O/S electronic O/S manual DRE manual Totals Amendment 1 recount totals recount totals recount totals Yes 6.5 7 26 q 0 No clzp_ 135 A O 16-(FL: #59 0 4 POLK Tally Summary Sheet for Exception for Sorting Ballots Without Party Designation Local Election Authority Name Optical Scan Summarv Electronic Manual Group A - All ballots with distinguishing marks in the lES -31, designated area of Constitutional Amendment 1 521 4 -2,5 Group B - All ballots without distinguishing marks or LD' S » --21 with marks outside the designated area for Constitutional Amendment 1 @4 +10-Al 13£·Mr{14-9 Total of Group A and B DRE Summarv Count Group A-Number ofDREswith Democratic votes recorded Group B - Number of DREs with Republican votes recorded Group C -Number DREs with Libertarian votes recorded Group D -Number DREs with Constitution votes recorded Group E -Number ofDREs withNon-Partisan votes recorded Total of Group A, B, C, D, & E , Constitutional O/S electronic O/S manual DRE manual Totals Amendment 1 recount totals recount totals recount totals Yes .3-14 3 /4 .2- No .2 925 .2 78 K 7274£: 599 -8'g 9 10 1 j -- -- 6 UNION CHAPEL #2 Tally Summary Sheet for Exception for Sorting Ballots Without Party Designation Local Election AuthorityName Optical Scan Summarv Electronic Manual Liu Group A - All ballots with distinguishing marks in the 40 designated area ofConstitutional Amendment 1 &74 494 Group B - All ballots without distinguishing marks or 501 with marks outside the designated area for Constitutional 0 Uq Amendment 1 Il-ll)'Wi Total of Group A and B DRE Summarv Count Group A - Number of DREs with Democratic votes recorded Group B - Number ofDREs with Republican votes recorded Group C -Number DREs with Libertarian votes recorded Group D -Number DREs with Constitution votes recorded Group E - Number ofDREs withNon-Partisan votes recorded Total of Group A, B, C, D, & E Constitutional O/S electronic O/S manual DRE manual Totals Amendment 1 recount totals recount totals recount totals Yes 303 303 No 39 1 391 0 717» 4294 49 4 0 SPARTA Tally Summary Sheet for Exception for Sorting Ballots Without Party Designation Local Election Authority Name Optical Scan Summarv Electronic Group A - All ballots with distinguishing marks in the designated area ofConstitutionaI Amendment 1 469 . Group B - All ballots without distinguishing marks or /5 -7£1 with marks outside the designated area for Constitutional (1 - NO Amendment 1 k TotaI of Group A and B DRE Summarv Count Group A - Number ofDREs with Democratic votes recorded Group B - Number of DREs with Republican votes recorded Group C - Number DREs with Libertarian votes recorded Group D -Number DREs with Constitution votes recorded Group E - Number ofDREs with Non-Partisan votes recorded TotaI of Group A, B, C, D, & E Constitutional O/S electronic O/S manual DRE manual Totals ' Amendment 1 recounttotals recount totals recount totals Yes liA - St lA- O No 554 256 0 7Z-79 i C. 11&8 420g 4 i .i NORTH GALLOWAY Tally Summary Sheet for Exception for Sorting Banots Without Party Designation Local Election AuthorityName Optical Scan Summarv Electronic 11/g-'76-5 Group A - All ballots with distinguishing marks in the 571 346_ No designated area of Constitutional Amendment 1 Group B - All ballots without distinguishing marks or 33--1 EP with marks outside the designated area for Constitutional Amendment 1 Total of Group A and B DRE Summarv Count Group A - Number of DREs with Democratic votes recorded Group B - Number of DREs with Republican votes recorded Group C -Number DREs with Libertarian votes recorded Group D -Number DREs with Constitution votes recorded Group E -Number ofDREs withNon-Partisan votes recorded Total of Group A, B, C, D, & E Constitutional O/S electronic O/S manual DRE manual Totals Amendment 1 recounttotals recounttotals recount totals Yes 245 445 0 No 337 340 0 167-AL: 63 91- 525 1 -- NORTH LINN Tally Summary Sheet for Exception for Sorting Ballots Without Party Designation Local Election Authority Name Optical Scan Summarv Electronic Manual Group A - All ballots with distinguishing marks in the 1 3% las designated area of Constitutional Amendment 1 £139 231 1 to KO Group B - All ballots without distinguishing marks or with marks outside the designated area for Constitutional 4, 1 ES Amendment 1 1 15LANK Total of Group A and B DRE Summarv Count Group A - Number ofDREs with Democratic votes recorded Group B - Number of DREs with Republican votes recorded Group C - Number DREs with Libertarian votes recorded Group D -Number DREs with Constitution votes recorded Group E -Number ofDREs withNon-Partisan votes recorded Total of Group A, B, C, D, & E Constitutional O/S electronic O/S manual DRE manual Totals Amendment 1 recount totals recounttotals recount totals Yes 6239 1212 0 No 116 0 727*A: .239 (939 0 LINCOLN #1 Tally Summary Sheet for Exception for Sorting Ballots Without Party Designation Local Election Authority Name Optical Scan Summarv Electronic Manual Group A - All ballots with distinguishing marks in the 159.-195 designated area of Constitutional Amendment 1 554 »52 3-94 - rio Group B - All ballots without distinguishing marks or 911 with marks outside the designated area for Constitutional Amendment 1 14 00 21-BLARk Total ofGroup Aand B DRE Summarv Count $ Group A - Number ofDREs with Democratic votes recorded Group B -Number ofDREs with Republican votes recorded Group C-Number DREs with Libertarian votes recorded Group D -Number DREs with Constitution votes recorded Group E - Number ofDREs withNon-Partisan votes recorded Total of Group A, B, C, D, & E Constinitional O/S electronic O/S manual DRE manual Totals Amendment 1 recount totals recounttotals recount totals Yes 457 -25 7. a No 297 499 0 -- -- E. BENTON1BRUNER 7- - - --- Tally Summary Sheet for Exception for Sorting Ballots Without Party Designation Local Election Authority Name Optical Scan Summarv Electronic Manual Group A - All ballots with distinguishing marks in the 184.v/- designated area of Constitutional Amendment 1 3 45 -1-4 5- %1//3-EK Group B -All ballots without distinguishing marks or N f with marks outside the designated area for Constitutional 13. W= Amendment 1 rt - i N Total of Group A and B 2& 7 Y= 5 Nci DRE Summarv Count Group A - Number of DREs with Democratic votes recorded Group B - Number ofDREs with Republican votes recorded Group C- Number DREs with Libertarian votes recorded Group D -Number DREs with Constitution votes recorded Group E -Number ofDREs withNon-Partisan votes recorded Total of Group A, B, C, D, & E Constitutional O/S electronic 0/S·maduaL. 4 DREmanual Totals. Amendment 1 recount totals recduhtitatals f recount totals .-- Yes 104 , ?/fhes ,- -1. No 6 14820 · 9O4tj 345- Id?&.pile -+nclude A. 0*npAoinidS& uffy' 44--- 454* t 1 W.: BENTON/LINDEN Tally Summary Sheet for Exception for Sorting Ballots Without Party Designation Local Election AuthorityName Optical Scan Summarv Electronic Manual Group A - All ballots with distinguishing marks in the 91 1, 98'11 N=5 ,>117 designated area of Constitutional Amendment l 4'Z Group B - All ballots without distinguishing marks or / N=. with. marks outside the designated area for Constitutional 49 Amendment 1 Total of Group A and B 430 V= 12 kv At $ I . DRE Summarv Count Group A - Number ofDREs with Democratic votes recorded Group B - Number of DREs with Republican votes recorded Group C -Number DREs with Libertarian votes recorded 7% Group D - Number DREs with Constitution votes recorded .& Group E - Number ofDREs withNon-Partisan votes ,& recorded Total of Group A, B, C, D, & E Constitutional 0/S electronic O/S manual DRE manual 1-otals -// Amendment 1 recount totals recount totals recount totals 1/ Yes ; (09 I 83 61 ,<. No 5224 gaqi' f / 1 736>l6 391 430 4·Indutt Al·le 00,np/)25 949 0 9» 5*=}49 -Mi CHADWICK;'S.LINN/GARRISON/SENECA Tally Summary Sheet for Exception for Sorting Ballots Without Party Designation Local Election Authority Name Optical Scan Summarv Electronic Manual Y r 131 Group A - All ballots with distinguishing marks in the ai F 312 N 94 designated area of Constitutional Amendment 1 Group B -All ballots without distinguishingmarks or 4,=I ' with marks outside the designated area for Constitutional Amendment 1 Mc-6 Total of Group A and B 6225 4,- 133 At = iD 3- DRE Suminarv Count Group A - Number of DREs with Democratic votes recorded - Group B - Number of DREs with Republican votes recorded Group C-Number DREs with Libertarian votes recorded Group D -Number DREs with Constitution votes recorded Group E -Number ofDREs with Non-Partisan votes recorded Total of Group A, B, C, D, & E Constitutional O/S electronic O/S manual DRE manual Totals Amendment 1 recount totals recount totals recount totals Yes 123· /2- 25 74 .f No CR(p /01- 791 / 2l? 95- 4 rducles 9 op,Ker•wlead 92+ G ff*- /1 'ILL/A,A /1-\ itt k i=7 v.- l 8 ht) in,SL 1 RIVERSIDE#1 Tally Summary Sheet for Exception for Sorting Ballots Without Party Designation Local Election AuthorityName Optical Scan Summarv Electronic Manual 4/= 1 &9 Group A - All ballots with distinguishing marks in the 442 449 N= 22 1 designated area of Constitutional Amendment l Group B - Ali ballots without distinguishing marks or with marks outside the designated area for Constitutional 4=)0 Amendment 1 3,<. 24 N z /4, Total of Group A and B 41 4 Y= Ill N =097 DRE Summarv Count Group A - Number of DREs with Democratic votes recorded Group B - Number ofDREs with Republican votes recorded Group C - Number DREs with Libertarian votes recorded Group D -Number DREs with Constitution votes recorded Group E -Number ofDREs withNon-Partisan votes recorded Total of Group A, B, C, D, & E Constitutional O/S electronic O/S manual DRE manual ToNi / Amendment 1 recount totals recount totals recount totals Yes tten 1 47 & No 99'11 891 / 3 44ER 494 4 Includes 20 00¥01%9wl 62£/ 2-44 .b u --- . CASSIDY/j, TalIy Summary Sheet for Exception for Sorting Ballots Without Party Designation Local Election AuthorityName r J 2-- Optical Scan Summarv Electronic Manual r.0 40 Group A - All ballots with distinguishing marks in the il 11 11 11 11 'I ,(16 12 (Tal.=r E% designated area of Constitutional Amendment 1 334 33€ Ni l O le-*-0 Group B - All ballots without distinguishing marks or with marks outside the designated area for Constitutional 'b<00 Y Amendment 1 /\ Total of Group A and B DRE Summarv Count Group A - Number of DREs with Democratic vot4s recorded. 6 Group B -Number ofDREs with Republican votei recorded $ Group C - Number DREs with Libertarian votes recorded Group D - Number DREs with Constitution votes recorded Group E - Number ofDREs withNon-Partisan votas recorded Total of Group A, B, C D, & E Constitutional O/S electronic O/S manual DRE manual Totals Amendment 1 recount totals recount totals recount totals Yes )30 41 No r.%1595- go 8 - * 034 0 4/ UP - WEST FINLEY Tally Summary Sheet for Exception for Sorting Ballots Without Party Designation Local Election AuthorityName Optical Scan Summarv Electronic Manual w - 82.4 Group A - All ballots with distinguishing marks in the 541 :335 designated area of Constitutional Amendment 1 599k = with marks outside the designated area for Constitutional - ' Group B -All ballots without distinguishingmarks or 42.54 Amendment 1 S. 19 c = 13<0 Total of Group A and B 1 3 4 4 DRE Summarv Count Group A -Number ofDREs with Democratic votes recorded Group B -Number ofDREs with Republican votes recorded Group C -Number DREs with Libertarian votes recorded Group D - Number DREs with Constitution votes recorded Group E - Number ofDREs withNon-Partisan votes recorded Total of Group A, B, C D, & E Constitutional O/S electronic O/S manual DRE manual Totals Amendment 1 recount totBls recount totals recount totpls Yes 224 Q 3(P. 5.Hq IF No 3 237 3 44 .- -Ii--- 560 EAST.FINLEY Tally Summary Sheet for Exception for Sorting Ballots Without Party Designation Local Election Authority Name Optical Scan Summarv Electronic Manual Group A - All ballots with distinguishing marks in the designated area of Constitutional Amendment 1 €90 %-iii Group B - All ballots without distinguishing marks or th-- 24 with marks outside the designated area for Constitutional gp n -34 Amendment l Total of Group A and B DRE Summarv Count Group A - Number of DREs with Democratic votes recorded Group B - Number of DREs with Republican votes recorded Group C-Number DREs with Libertarian votes recorded Group D -Number DREs with Constitution votes recorded Group E - Number ofDREs with Non-Partisan votes R recorded Total of Group A, B, C, D, & E Constitutional O/S electronic O/S manual DRE manual Totals Amendment 1 recount totals recount totals recount tqtals Yes 459 39iJ- rk N0 ?51 1 8-3-0 -- S RIVERSIDE #2 Tally Summary Sheet for Exception for Sorting Ballots Without Party Designation Local Election AuthorityName Optical Scan Summarv Electronic Manual Group A - All ballots with distinguishing marks in the 1-8 9-26 designated area of Constitutional Amendment 1 5-02 502 AD 23* Group B - All ballots without distinguishing marks or la- 19 with marks outside the designated area for Constitutional Amendment 1 41 40 -23 Total of Group A and B r¢9 DRE Summarv · Count Group A -Number ofDREs with Democratic votes recorded Group B - Number of DREs with Republican votes recorded Group C - Number DREs with Libertarian votes recorded Group D - Number DREs with Constitution votes recorded Group E -Number ofDREs with Non-Partisan votes recorded Total of Group A, B, C, D, & E Constitutional O/S electronic O/S manual DRE manual Totals Amendmeni 1 recount totals recount totals recount totals Yes No GARDEN GROVE Tally Summary Sheet for Exception for Sorting Ballots Without Party Designation Local Election AuthorityName Optical Scan Summarv Electronic Manual Group A - All ballots with distinguishing marks in the Uol no a*5 designated area of Constitutional Amendment 1 460 Group B - All ballots without distinguishing marks or 4 85 7 with marks outside the designated area for Constitutional Amendment 1 00 10 Total of Group A and B 420 DRE Summarv Count Group A - Number ofDREs with Democratic votes recorded Group B -Number ofDREs with Republican votes recorded Group C -Number DREs with Libertarian votes recorded Group D - Number DREs with Constitution votes recorded Group E - Number ofDREs with Non-Partisan votes recorded Total of Group A, B, C, D, & E Constitutional O/S electronic O/S manual DRE manual Totals Amendment 1 recount totals recount totals recount totals Yes No i --- A NORTHVIEW #1 Tally Summary Sheet for Exception for Sorting Ballots Without Party Designation Local Election AuthorityName Optical Scan Summarv Electronic Manual Group A - All ballots with distinguishing marks in the yey-2224 designated area of Constitutional Amendment 1 511 6 6- no -31/ Group B -All ballots without distinguishing marks or yes j y with marks outside the designated area for Constitutional n U 23 Amendment 1 Total of Group A and B 456 DRE Summarv Count Group A - Number ofDREs with Democratic votes recorded Group B - Number ofDREs with Republican votes recorded Group C-NumberDREs with Libertarian votes recorded Group D -Number DREs with Constitution votes reconied Group E - Number ofDREs with Non-Partisan votes .recorded Total of Group 4 8, C, D, & E Constitutional O/S electronic O/S manual DRE manual Totals Amendment 1 recount totals recounttotals recounttotals Yes No r 1 1 ROSEDALE #2 Tally Summary Sheet for Exception for Sorting Ballots Without Party Designation Local Election AuthOIity Name Optical Scan Summarv Electronic Manual Group A - All ballots with distinguishing marks in the rjo-affl designated area of Constitutional Amendment 1 1/3- F 449 »-16 3 Group B - All ballots without distinguishing marks or , k.5 - 2.J with marks outside the designated area for Constitutional ' Z 4 121 -90* .q Amendment 1 Total of Group A and B I '6 476 DRE Summarv Count Group A - Number of DREs with Democratic votes recorded Group B -Number ofDREs with Republican votes 0 recorded Group C -Number DREs with Libertarian votes recorded 0 Group D - Number DREs with Constitution votes Q recorded Group E - Number ofDREs withNon-Partisan votes Q recorded J Total of Group A, B, C, D,&E Constitutional O/S electronic O/S manual DRE manual Totals Amendment 1 recount totals recount totals recount totals Yes No 1 9* NORTHVIEW #2 Tally Summary Sheet for Exception for Sorting Ballots Without Party Designation Local Election AuthorityName Optical Scan Summarv Electronic Manual Group A - All ballots with distinguishing marks in the , A .n . too-244. designated area of Constitutional Amendment 1 4 11 0 1'£04 Ye 5 161< Group B - All ballots without distinguishing marks or 0 -/9 - with marks outside the designated area for Constitutional 44 3 4 Yes 48 Amendment 1 Total of Group A and B f# 49.1 DRE Summarv Count ..Group A -Number ofDREs with Democratic votes recorded Group B -Number ofDREs with Republican votes recorded Group C - Number DREs with Libertarian votes recorded Group D - Number DREs with Constitution votes recorded Group E -Number ofDREs with Non-Partisan votes recorded Total of Group A, B, C, D, & E Constitutional O/S electronic O/S manual DRE manual Totals Amendment 1 recounttotals recount totals recount totals Yes No 1, '1 1 ROSEDALE 1B Tally Summary Sheet for Exception for Sorting Ballots Without Party Designation Local Election Authority Name Optical Scan Summarv Electronic Manual Group A - Ali ballots with distinguishing marks in the Yej 172 designated area of Constitutional Amendment 1 3 z.) 3 3 0 9 ,; :42- Group B - All ballots without distinguishing marks or WO- 16 with marks outside the designated area for Constitutional / Ch 19 94 1 Amendment 1 Total of Group A and B E 4 r 33 9 DRE Summarv - Count Group A - Number of DREs with Democratic votes recorded Group B - Number ofDREs with Republican votes recorded Group C -Number DREs with Libertarian votes recorded Group D - Number DREs with Constitution votes recorded Group E -Number ofDREs withNon-Partisan votes recorded Total of Group A, B, C D, & E Constitutional O/S electronic O/S manual DRE manual Totals Amendment 1 recount totals recount totals recount totals Yes No 1, -li- 40 CASSIDY #2 Tally Summary Sheet for Exception for Sorting Ballots Without Party Designation Local Election AuthorityName Optical Scan Summarv Electronic Manual , Group A - All baIIots with distinguishing marks in the pc>-387 designated area of Constitutional Amendment 1 396 5-* 795 257 Group B - All ballots without distinguishing marks or with marks outside the designated area for Constitutional NO .317 Amendment 1 j 40 ie 5 *23 Total of Group A and B . 660 DRE Summarv Count Group A - Number ofDREs with Democratic votes recorded Group B -Number ofDREs with Republican votes recorded Group C-Number DREs with Libertarian votes recorded Group D - Number DREs with Constitution votes recorded Group E - Number ofDREs with Non-Partisan votes recorded Total of Group A, B, C, D, & E ' Constitutional 0/S electronic O/S manual DRE manual Totals Amendment 1 recount totals recount totals recount totals Yes No *6 ----- LINCOLN #2 Tally Summary Sheet for Exception for Sorting Ballots Without Party Designation Local Election Authority Name Optical Scan Summarv Electronic Manual Group A - All ballots with distinguishing marks in the ye; 418 designated area ofConstitutional Amendment 1 0-42- 244 no - la g Group B - All ballots without distinguishing marks or with marks outside the designated area for Constitutional 1 4 Yet -6 Amendment 1 no-\ 1 Total of Group A and B 15 5 DRE Summarv Count Group A - Number ofDREs with Democratic votes recorded Group B -Number ofDREs with Republican votes recorded Group C - Number DREs with Libertarian votes recorded Group D -Number DREs with Constitution votes recorded Group E -Number ofDREs with Non-Partisan votes reconied Total of Group A, B, C, D, & E Constitutional O/S electronic O/S manual DRE manual Totals Amendment 1 recount totals recount totals recount totals Yes No ABSENTEE Tally Summary Sheet for Exception for Sorting Ballots Without Party Designation Local Election AuthorityName Optical Scan Summarv Electronic Manual Group A - All ballots with distinguishing marks in the yea 30* designated area ofConstitutional Amendment 1 90 7-4 2; Group B - Ali ballots without distinguishing marks or 793 9-0 with marks outside the designated area for Constitutional 4o A o 20 Amendment 1 Total of Group A and B 64·6 DRE Summarv Count Group A - Number ofDREs with Democratic votes recorded Group B -NumberofDREs with Republican votes recorded Group C - Number DREs with Libertarian votes recorded Group D -Number DREs with Constitution votes recorded Group E -Number ofDREs withNon-Partisan votes recorded Total of Group A, B, C, D, & E P Constitutional O/S electronic O/S manual DRE manual Totalk Amendment 1 recount totals recounttotals recount totals Yes No 91 1 - -- i - V4 UNION CHAPEL#1 Tally Summary Sheet for Exception for Sorting Ballots Without Party Designation Wed./ 1-LU l Local Election AuthorityName Optical Scan Summarv Electronic Manual Group A - All ballots with distinguishing marks in the designated area of Constitutional Amendment 1 104 *06% N *4€D Group B -All ballots without distinguishing marks or 7 -*357' with marks outside the designated area for Constitutional 41' Amendment 1 1 a €1 61: 1 14*13 6 Total of Group A and B 4 T y= /7 404'L --72-7 DRE Summarv Count Group A -Number ofDREs with Democratic votes recorded Group B -Number ofDREs with Republican votes recorded Group C - Number DREs with Libertarian votes recorded Group D -Number DREs with Constitution votes recorded Group E -Number of DREs withNon-Partisan votes recorded Total of Group 4 8, C, D, & E Constitutional O/S electronic O/S manual DRE manual Totals Amendment 1 recount totals recount totals recount lotals J Yes ft · f'.,- Zt %:4.1.. No 0 041- Report of Findings Constitutional Amendment 1 of August 5, 2014 Election CHRISTIAN County/Jurisdiction 1 KAY BROWN Name of Local Election Authority We the undersigned hereby certify that the recount conducted of Constitutional Amendment 1 revealed the number of votes cast on this constitutional amendment was as follows:, Number ofVotes 0 AU- (\kea- Yes -5*r 679 4 € 1 No 1-UUA- 14 7 2 90 f- ,-* . Disinterested persons assisting (please Iist firKan* fa¥69eaq h disinterested person): ALAN 6./. BEU>f Proponent 1 (Name) Sigriiture Proponent 2 (Name) Signature - Ul,RA- L. Omphener 4.1.« L L lpLOor Opponent 1 (Name) Signature Mic(446. 6 4 6% 8-4€A 7-hau_22 6--,P-- Opponent 2 (Name) Signature ]1246£,04 Local ElectioAuthority Signature 4-ID- 14 Date of Signature J Tally Summary Sheet for Exception for Sorting Ballots Without Party Designation Kay Brown - Christian County Clerk Local Election Authority Name Optical Scan Summarv Electronic Manual Group A- All ballots with distinguishing marks in the designated area of Constitutional Amendment 1 12,341 ---- Group B - All ballots without distinguishing marks or with marks outside the designated area for Constitutional _--__ 925 Amendment 1 Total of Group A and B 12,341 925 DRE Summarv Count Group A - Number ofDREs with Democratic votes recorded 0 Group B - Number of DREs with Republican votes recorded o Group C -Number DREs with Libertarian votes recorded o Group D -Number DREs with Constitution votes recorded 0 Group E-NumberofDREswithNon-Partisanvotes recorded 0 Total of Group A, B, C, D,&E 0 Constitutional O/S electronic O/S manual DRE manual Totals Amendment 1 recount totals recount totals recount totals Yes 5,414 380 0 5,794 No 6,927 545 0 7,472 + I solemnly swear that I will impartially discharge the duties ofjudge according to law, to the best of my ability and that I will not disclose how any voter has voted unless I am required to do so as a witness in a proper judicial proceeding. I also affirm that I will not allow any person to vote who is not entitled to vote and that I will make no statement nor give any information of any kind tending in any way to show the state ofthe count prior to the close of the polls on election day. I further swear that I will not disclose any facts uncovered by the recount, except those which are contained in the Report ofFindings. Sworn and subscribed to before me this .......9*.....day of. September , 20.14 . L Judge ofElection 61-0 L A Ju-..62 .A. Election Authority (Judge of Election) witnessing oath I solemnly swear that I will impartially discharge the duties ofjudge according to law, to the best of my ability and that I will not disclose how any voter has voted unless I am required to do so as a witness in a proper judicial proceeding. I also affirm that I will not allow any person to vote who is not entitled to vote and that I wilI make no statement nor give any information of any kind tending in any way to show the state ofthe count prior to the close of the polls on election day. I further swear that I will not disclose any facts uncovered by the recount, except those which are contained in the Report of Findings. Sworn and subscribed to before me this.......9*.....day of September , 20.16.... C-L- 1 - 1 0 \,)1A........... ..........A.\.c:f.!K..r.9 Judge of Election /- Election Authority (Judge ofElection) witnessing oath 1 1 1 1- I solemnly swear that I wilI impartially discharge the duties ofjudge according to law, to the best ofmy ability and that I will not disclose how any voter has voted unless I am required to do so as a witness in a proper judicial proceeding. I also affirm that I will not allow any person to vote who is not entitled to vote and that I will make no statement nor give any information of any kind tending in any way to show the state ofthe count prior to the close of the polls on election day. I further swear that I will not disclose any facts uncovered by the recount, except those which are contained in the Report of Findings. Sworn and subscribed to before me this 9th day of September 20.14 '71 - %' 76- A ck££1 -8 #4*r Judge ofEIection .............................. &144 14 Election Authority (Judge ofElection) witnessing oath I solemnly swear that I will impartially discharge the duties ofjudge according to law, to the best of my ability and that I wilI not disclose how any voter has voted unless I am required to do so as a witness in a proper judicial proceeding. I also affirm that I will not allow any person to vote who is not entitled to vote and that I will make no statement nor give any information of any kind tending in any way to show the state ofthe count prior to the close of the polls on election day. I further swear that I will not disclose any facts uncovered by the recount,except those which are contained in the Report of Findings. Sworn and subscribed to before me this......2.........day of September , 2014.- .0 CL.,pi Judge ofElecti 4 Election Authority (Judge ofElection) witnessing oath I solemnly swear that I will impartially discharge the duties ofjudge according to law, to the best of my ability and that I will not disclose how any voter has voted unless I am required to do so as a witness in a proper judicial proceeding. I also affirm that I will not allow any person to vote who is not entitled to vote and that I will make no statement nor give any information of any kind tending in any way to show the state ofthe count prior to the close of the polls on election day. I further swear that I will not disclose any facts uncovered by the recount, except those which are contained in the Report of Findings. Sworn and subscribed to before me this ...,...9.Mt..,,day of September , 20.14.... ......,7 -. ..4...............) ........7.--1--................................................................... Judge of dectio-- Election Authority (Judge of Election) witnessing oath - --I- .-+ I solemnly swear that I will impartially discharge the duties ofjudge according to law, to the best ofmy ability and that I will not disclose how any voter has voted unless I am required to do so as a witness in a proper judicial proceeding. I also affirm that I will not allow any person to vote who is not entitled to vote and that I will make no statement nor give any information of any kind tending in any way to show the state ofthe count prior to the close of the polls on election day. I further swear that I will not disclose any facts uncovered by the recount, except those which are contained in the Report ofFindings. Sworn and subscribed to before me this ......91:h,..,day of September , 2014*.. Judge ofElectien Election Authoritj . /2%22,2.QV·Jamom..4.44=.. ton) witnessing oath I solemnly swear that I will impartially discharge the duties ofjudge according to law, to the best of my ability and that I will not disclose how any voter has voted unless I am required to do so as a witness in a proper judicial proceeding. I also affirm that I will not allow any person to vote who is not entitled to vote and that I will make no statement nor give any information of any kind tending in any way to show the state of the count prior to the close of the polls on election day. I further swear that I will not disclose any facts uncovered by the recount, except those which are contained in the Report ofFindings. Sworn and subscribed to before me this ......REL...day of September , 20.-14.- . Judge ofElection ........................ Election Authorit) [ge of Election) witnessing oath I solemnly swear that I wilI impartially discharge the duties ofjudge according to law, to the best ofmy ability and that I will not disclose how any voter has voted unless I am required to do so as a witness in a proper judicial proceeding. I also affirm that I will not allow any person to vote who is not entitled to vote and that I will make no statement nor give any information of any kind tending in any way to show the state ofthe count prior to the close of the polls on election day. I further swear that I will not disclose any facts uncovered by the recount, except those which are contained in the Report ofFindings. Sworn and subscribed to before me this ..9.Rh.........day of September ,20 14 ....... ..E...1.i.n...n...48--:--I--------------- Judge of Election -4 /%- CA-,4 U,una. 4 Election Authority (Judge of Election) witnessing oath I solemnly swear that I will impartially discharge the duties ofjudge according to law, to the best of my ability and that I will not disclose how any voter has voted unless I am required to do so as a witness in a proper judicial proceeding. I also affirm that I will not allow any person to vote who is not entitled to vote and that I will make no statement nor give any information of any kind tending in any way to show the state ofthe count prior to the close of the polls on election day. I further swear that I will not disclose any facts uncovered by the recount, except those which are contained in the Report of Findings. 9th September 14 Sworn and subscribed to before me this ................. day of ,20 ' ..1/ '4« Judge ofwction422 .... Election Authority (Judge of Election) witnessing oath I solemnly swear that I will impartially discharge the duties ofjudge according to law, to the best of my ability and that I will not disclose how any voter has voted unless I am required to do so as a witness in a proper judicial proceeding. I also affirm that I will not allow any person to vote who is not entitled to vote and that I will make no statement nor give any information of any kind tending in any way to show the state of the count prior to the close of the polls on election day. I further swear that I will not disclose any facts uncovered by the recount, except those which are contained in the Report of Findings. Sworn and subscribed to before me this 9th 1.4 day of September , 26:....... Judge ofElection - - - --- ----'4.-2*€42#&48.4...4,- Election Authority (Judge of Election) witnessing oath - I solemnly swear that I will impartially discharge the duties ofjudge according to law, to the best of my ability and that I will not disclose how any voter has voted unless I am required to do so as a witness in a proper judicial proceeding. I also affirm that I will not allow any person to vote who is not entitled to vote and that I will make no statement nor give any information of any kind tending in any way to show the state ofthe count prior to the close of the polls on election day. I further swear that I will not disclose any facts uncovered by the recount, except those which are contained in the RepOIt ofFindings. Sworn and subscribed to before me this ....... 9.Ah .... day of ...SABLAmhmr .........'.....'„ 20.lA... 590 -0 ........................................................................... Judge ofElecf A Election Authority (Judge of Election) witnessing oath ... I solemnly swear that I will impartially discharge the duties ofjudge according to law, to the best of my ability and that I will not disclose how any voter has voted unless I am required to do so as a witness in a proper judicial proceeding. I also affirm that I will not allow any person to vote who is not entitled to vote and that I will make no statement nor give any information of any kind tending in any way to show the state ofthe count prior to the close of the polls on election day. I further swear that I will not disclose any facts uncovered by the recount, except those which are contained in the Report ofFindings. Sworn and subscribed to before me this .......?.9.....day of September , 20.1.9.... Judge ofElettion 6446 k ............................ M#-tedgv&&JPML#. Election Authority (Judge of Election) witnessing oath I solemnly swear that I will impartially discharge the duties ofjudge according to law, to the best ofmy ability and that I will not disclose how any voter has voted unless I am required to do so as a witness in a proper judicial proceeding. I also affirm that I will not allow any person to vote who is not entitled to vote and that I will make no statement nor give any information of any kind tending in any way to show the state of the count prior to the close of the polls on election day. I further swear that I will not disclose any facts uncovered by the recount, except those which are contained in the Report ofFindings. Sworn and subscribed to before me this ....'............day of September , 2013... 9th 7*t,»·. udge of E ctio WA, /46-ili £4-, .......................................................................'...................................,JTn.. Election Authority (Judge of Election) witnessing oath - I solemnly swear that I will impartially discharge the duties ofjudge according to law, to the best of my ability and that I will not disclose how any voter has voted unless I am required to do so as a witness in a proper judicial proceeding. I also affirm that I will not allow any person to vote who is not entitled to vote and that I will make no statement nor give any information of any kind tending in any way to show the state ofthe count prior to the close of the polls on election day. I further swear that I will not disclose any facts uncovered by the recount, except those which are contained in the Report of Findings. Sworn and subscriHed to before me this ......9.th....day of.....S.e.p.tembmr................,20.1.4.... 42 Judge ofElection 0'4 u.4,_ 94 Election Authority (Judge of Election) witnessing oath -- - I solemnly swear that I wilI impartially discharge the duties ofjudge according to law, to the best of my ability and that I will not disclose how any voter has voted unless I am required to do so as a witness in a proper judicial proceeding. I also affirm that·I will not allow any person to vote who is not entitled to vote and that I will make no statement nor give any information of any kind tending in any way to show the state ofthe count prior to the close of the polls on election day. I further swear that I will not disclose any facts uncovered by the recount, except those which are contained in the Report ofFindings. 9th September 14 Sworn and subscribed to before me this ................. day of ,20 4 Jud0 of Elect0nAl JWMLL uumve,- J Election Authority (Judge of Election) witnessing oath 1 1 I solemnly swear that I will impartially discharge the duties ofjudge according to law, to the best of my ability and that I will not disclose how any voter has voted unless I am required to do so as a witness in a proper judicial proceeding. I also affirm that I will not allow any person to vote who is not entitled to vote and that I will make no statement nor give any information of any kind tending in any way to show the state of the count prior to the close of the polls on election day. I further swear that I will not disclose any facts uncovered by the recount, except those which are contained in the Report of Findings. Sworn and subscribed to before me this.......?.5.4....day of Septmber , 20.1.4 $ 14 c Judge of Electi n .............................. .42.Maxx4....(54·#fls.. Election Authority (Judge of Election) witnessing oath I solemnly swear that I will impartially discharge the duties ofjudge according to lat to the best of my ability and that I will not disclose how any voter has voted unless I am required to do so as a witness in a proper judicial proceeding. I also affirm that I will not allow any person to vote who is not entitled to vote and that I will make no statement nor give any information of any kind tending in any way to show the state ofthe count prior to the close of the polls on election day. I further swear that I will not disclose any facts uncovered by the recount, except those which are contained in the Report of Findings. 9th September 14 Sworn and subscribed to before me this ................. day of OF JuGe of Election /, ............................ Election Authority (Judge of Election) witnessing oath I solemnly swear that I will impartially discharge the duties ofjudge according to law, to the best of my ability and that I will not disclose how any voter has voted unless I am required to do so as a witness in a proper judicial proceeding. I also affirm that I will not allow any person to vote who is not entitled to vote and that I will make no statement nor give any information of any kind tending in any way to show the state ofthe count prior to the close of the polls on election day. I further swear that 1 WIll not cltsel y facts uncovered by the recount, except those which are contained in thc: Report of din . 9th September , 20 14 ied to be or e this. day of ...'.... Sworn and subsgpij ................ /74- 'la /1 1 j Judge ofElectio 923HL.u.e*f...4..u....... , Election Authority (Judge of Election) witnessing oath I solemnly swear that I will impartially discharge the duties ofjudge according to law, to the best of my ability and that I will not disclose how any voter has voted unless I am required to do so as a witness in a proper judicial proceeding. I also affirm that I will not allow any person to vote who is not entitled to vote and that I will make no statement nor give any information of any kind tending in any way to show the state ofthe count prior to the close of the polls on election day. I further swear that I will not disclose any facts uncovered by the recount, except those which are contained in tile Report of Findings. Sworn and subscribedEFoe me this day/f September , 20.14 207 -=10- U, 1//Al,L-- --1 i I Election Authority (Judge ofElection) witnessing oath 1