§ 3.70.270. Challenged ballots.

A.

A party, the board, or a representative of the board appointed for purposes of these rules may challenge, for good cause, the eligibility of a person to participate in an election or the validity of a ballot cast. Challenged ballots will be impounded by the board and tallied separately from unchallenged ballots in accordance with the requirements of this section. Each challenged ballot shall be individually sealed in an unmarked envelope by the board or its representative. Thereafter, the individual envelopes will be sealed inside a single envelope which shall be marked to identify the contents as challenged ballots.

B.

If the number of challenged ballots could not affect the outcome of the election, the ballots will not be counted and may not constitute a basis for objection to the conduct of the election.

C.

If the number of challenged ballots could affect the outcome of the election, the board will consider, through investigation, hearing or other proceedings, the challenges to these ballots and will rule promptly upon the validity of the challenges. If a challenge is found valid, the board will not open or tally the ballots subject to that challenge. If a challenge is found invalid, the board will count the ballots subject to that challenge and segregate them in a manner that will maintain the confidentiality of the votes, where possible, and preserve the challenge for subsequent appeal.

(AR No. 97-180, § 1, 8-19-97)