HomeMy WebLinkAbout04-11-2018 Board of Canvass Minutes
UNOFFICAL
MINUTES OF THE ST. CROIX COUNTY BOARD OF CANVASSERS
RECOUNT COUNTY SUPERVISOR DISTRICT 13
April 3, 2018 Spring Election
April 11, 2018
The Board of Canvassers met April 11, 2018 at the St. Croix County Government Center in Hudson, Wisconsin
to conduct a recount of the April 3, 2018 County Supervisor District 13 Spring Election. The notice was posted
on April 9, 2018.
Meeting was called to order at 9:00 a.m. Those present were: County Clerk Cindy Campbell (and member of
the Board of Canvass); Canvass Board: Deane “Skip” Jewett (Dem), Hugh Gwin (Rep). Tabulators Present:
First Deputy County Clerk Amy Hanson, City of New Richmond Clerk Tanya Batchelor and Deputy Clerk Lori
Brinkman. Others Present: Scottie Ard, Tom Lindfors, Ryan Sherley, Bob Feidler, Mike Longaecker, Donna
Slominski, Pat Thompson, Dave Ostness, Bob Keller and Ken Witt. See attached sign-in sheet.
County Clerk Campbell welcomed everyone, thanked them for their time and explained the process. Campbell
explained the Board of Canvass met Monday, April 9th to certify election results. The results for County
Supervisor District 13 resulted in a tie vote of 213 for Sherley and 213 for Ard with 2 write-ins. There were no
changes to the unofficial results therefore during the meeting of the Board of Canvass, a name was drawn to
determine the winner. Candidate Scottie Ard’s name was drawn. Immediately following the drawing, the
Board of Canvass took a break and Ryan Sherley filed a recount petition. Both candidates received copies of
the recount petition, the notice of recount, and order of recount. Candidate Ard admitted service of the
documents. The notice was properly noticed as a public meeting.
County Supervisor District 13 is located wholly in the City of New Richmond consisting of wards 4, 5, 6, 10, 11
and 12. The City of New Richmond had six reporting units for the 2018 Spring Election. Wards 3 and 4 are
one reporting unit with Ward 3 is County Supervisor District 12 and Ward 4 is County Supervisor District 13;
Wards 5 and 6 is one reporting unit and both wards are in County Supervisor District 13; Wards 9 and 10 are
one reporting unit with Ward 9 in County Supervisor District 12 and Ward 10 in County Supervisor District 13.
Wards 11 and 12 are one reporting unit and both are in County Supervisor District 13.
The board of canvass has chosen to hand-count the ballots based on the number of ballots. The duty of the
board of canvassers is to recount the votes cast for the office in question and to correct the errors, if any. Any
objections by either party will be recorded in the minutes. Ground rules were read and the recount process was
explained by Campbell.
Recount Process
The recount began and the procedures listed below were followed for each of the four reporting units.
a. Poll lists were reviewed, comparing the numbers on both the County’s and reporting unit’s lists
b. Number of voters were tallied from the poll lists.
c. Lists of absentee voters were reviewed and compared with the number of used absentee certificate
envelopes, and the notations on poll lists, verifying the number of people voting by absentee ballot.
d. Municipal clerk absentee ballot logs with applications provided were reviewed.
e. Rejected absentee ballot envelopes were reviewed and noted as necessary.
f. Defective absentee ballot envelopes were reviewed and noted as necessary.
g. All ballot bags were inspected for locking seals and signatures.
h. All ballot bag seals were cut and ballots were individually counted by reporting unit, inspected for initials of
election inspectors; all ballots were then separated into piles for regular, absentee, questionable marks,
write-ins, and undervotes.
i. The number of absentee ballots were balanced by reporting unit with the number of potential absentee
voters as listed above.
j. The Board of Canvass confirmed the number of voters to ballots throughout all of the reporting units.
k. There were no provisional ballots issued for the four reporting units.
Hanson retrieved the ballots and election materials from secured storage.
City of New Richmond
Ward 4 Spring Election Vote Total Recount Vote Total
Sherley 20 20
Ard 43 43
Scattering 0 0
Under Votes 0 0
Reported (Wards 3 & 4) Recount (Ward 4)
Total Voters 138 62
Total Ballots 138 63
Total Absentee Ballots 14 3
Provisional Ballots 0 0
Ballot Bag Wards 3 - 4
Ballot Bag Seal Assigned By County
Ballot Bag Seal # 0755131
Ballot Bag Resealed with # 0755156
Notes:
Ward 3 – County Supervisor District 12
Ward 4 – County Supervisor District 13
Poll book reconciled – reconciliation completed by separating wards 3 and 4.
Ward 3 voters 76; Ward 4 voters 62 = 138
Ward 3 ballots 75; Ward 4 ballots 63 = 138
Election official issued an ExpressVote ballot to voter. Ballot was marked as Ward 3. Voter cast
the ballot in Ward 4 for County Supervisor District 13. Vote counted for Sherley. Campbell
called Wisconsin Elections Commission regarding ballot count. It was recommended to leave as
is, pending outcome.
Inspector’s statement indicated two remade ballots. Verified one remade ballot with original, the
second was not marked. Clerk confirmed both were for District 12. Noted spoiled in envelope,
but not recorded on Inspector’s Statement.
City of New Richmond
Wards 5 - 6 Spring Election Vote Total Recount Vote Total
Sherley 51 51
Ard 48 48
Scattering 1 1
Under Votes 3 3
Reported Recount
Total Voters 104 104
Total Ballots 103 103
Total Absentee Ballots 7 7
Provisional Ballots 0 0
Ballot Bag Wards 5 - 6
Ballot Bag Seal Assigned By County
Ballot Bag Seal # 0755122
Ballot Bag Resealed with # 0755157
Notes:
Wards 5 & 6 – County Supervisor District 13
Poll book reconciled – 104 total voters.
ExpressVote ballot found in Ward 5 & 6 ballot bag, but had been cast as Ward 1&2 ballot for
County Supervisor District 12. Ward 5 & 6 indication on bottom of ballot from election official.
Determined voter selected the wrong ballot on the ExpressVote. Ballot for 1&2 was set aside and
later counted with overall ballot count. (Ward 1&2 has one more ballot than voter)
City of New Richmond
Ward 10 Spring Election Vote Total Recount Vote Total
Sherley 44 44
Ard 29 29
Scattering 1 1
Under Votes 4 4
Reported (Wards 9 & 10) Recount (Ward 10)
Total Voters 168 73
Total Ballots 169 78
Total Absentee Ballots 12 1
Provisional Ballots 0 0
Ballot Bag Wards 9 - 10
Ballot Bag Seal Assigned By County
Ballot Bag Seal # 0755139
Ballot Bag Resealed with # 0755156
Notes:
Wards 9 & 10 is one reporting unit. Split:
Ward 9 – District 12
Ward 10 – District 13
Poll books reconciled separating Wards 9 and 10. Poll book certification indicated 168 voters.
Recount poll book reconciliation was 169 voters.
Ward 9 total voters – 96; Ward 10 total voters 73 = 169
Ward 9 total ballots – 91; Ward 10 total ballots 78 = 169
Ward 9 – 5 more voter than ballots
Ward 10 – 5 more ballots than voters
No ward indication on ExpressVote ballots.
Lunch break taken @ 12:45pm; reconvened at 1:40pm
City of New Richmond
Wards 11 - 12 Spring Election Vote Total Recount Vote Total
Sherley 98 98
Ard 93 93
Scattering 0 0
Under Votes 8 8
Reported Recount
Total Voters 202 201
Total Ballots 199 199
Total Absentee Ballots 20 20
Provisional Ballots 0 0
Ballot Bag Wards 11 - 12
Ballot Bag Seal Assigned By County
Ballot Bag Seal # 0755148
Ballot Bag Resealed with # 0755159
Notes:
Wards 11 & 12 – District 13
Poll book reconciled at 201.
Recount ballot count total was 200 including one blank ballot. It was later determined the blank
ballot was not cast on DS200 and therefore removed the blank ballot from the count.
SUMMARY:
CANDIDATE RESULTS:
Sherley Ard Write In Under Total Votes
W4 20 43 63
W5&6 51 48 1 3 103
W10 44 29 1 4 78
W11&12 98 93 8 199
Total Result 213 213 2 15 443
COUNTY SUPERVISOR DISTRICT 13 - POLL LIST / BALLOT COUNT
District 13 Voter (Poll List) Ballots
W4 62 63
W5&6 104 103
W10 73 78
W11&12 201 199
Total 440 443
Campbell called Wisconsin Elections Commission and talked to Election Specialist Riley Willman regarding
incorrectly issued ballots Willman recommended counting the remainder of the wards to determine voter count
and ballot count for all wards. Poll lists were reconciled and ballots were counted for Wards 1, 2, 3, 7, 8 and 9.
COUNTY SUPERVISOR DISTRICT 12 - POLL LIST / BALLOT COUNT
District 12 Voter (Poll List) Ballots
W1&2 133 134
W3 76 75
W7&8 143 145
W9 96 91
Total 448 445
VOTER AND BALLOT COUNT FOR ALL WARDS IN THE CITY OF NEW RICHMOND:
District Voter (Poll List) Ballots
D13 440 443
D12 448 445
Total 888 888
Total voter count for the City of New Richmond (all wards) matched the total number of ballots:
888 voters and 888 ballots.
Campbell prepared a spreadsheet including all voter totals, ballot totals and results and emailed it to Willman at
the Wisconsin Elections Commission.
From: Cindy Campbell [mailto:Cindy.Campbell@sccwi.gov]
Sent: Wednesday, April 11, 2018 4:40 PM
To: Willman, Riley P - ELECTIONS <Riley.Willman@wisconsin.gov>
Subject: Tally.xlsx
Importance: High
Riley
This is the final spreadsheet from our recount in County Supervisor District 13. The count evened out after counting the
ballots and reconciling poll lists from the wards not in County Supervisor District 13. The question continues should
ballots should be drawn because we are reconciling overall totals from votes not cast in District 13.
One of the BOC members thinks we should reconcile only from the votes cast in District 13 race.
Cindy Campbell
St. Croix County Clerk
715.386.4610
Response: 4/11/2018 4:49 PM
In this case, since the count evened out between the different supervisory districts, you would not draw ballots because
you can see with reasonable certainty that there were three voters who should have voted in District 12, but were given
a District 13 ballot on accident. You only draw down ballots when you cannot explain why you have more ballots than
voters.
Please let me know if you have any questions and I’ll be happy to help.
Best,
Riley Willman
Elections Administration Specialist
Wisconsin Elections Commission
(608)261-2030
Riley.Willman@wisconsin.gov
Discussion regarding next steps and Willman’s recommendation. Gwin requested Corporation Counsel Scott
Cox join the recount for his opinion. Cox reviewed the recount procedures and state statutes. Gwin reported the
recount petition requested a recount of Wards 4 – 6 and 10 – 12 which make up County Supervisor District 13.
He added we are not here to count District 12 and recommended a drawdown of ballots. Gwin cited Wis. Stat.
§ 9.01(1)(b)4.e., regarding reconciling the number of ballots with the number of voters. Discussion regarding
the blank ballot found in Wards 11 & 12 which increased the ballot count from 199 which was on the results
tape to 200. Gwin stated the blank ballot should be removed from the count.
Campbell recommended the Wisconsin Election Commission’s recommendation not to draw ballots as there is
reasonable certainty there were three voters who should have voted in District 12, but were given a District 13
ballot. Campbell read from the Wisconsin Elections Commission Election Day manual “Before drawing down
ballots, be certain that there is no alternative reason for the ballot overage. In the case of two or more reporting
units, if there are more ballots than voters for one reporting unit and less ballots than voters for the other
reporting unit, but the total number of ballots for both units is equal to or less than the number of total voters,
obviously voters were given the wrong ballot. This should be noted on the inspectors’ statement but does not
warrant a drawdown.” Campbell asked if a drawdown is done, which ward is drawn down.
Gwin disagrees with the Wisconsin Elections Commission opinion because of what the statutes say and
reiterated the recount petition is specific to County Supervisor District 13.
Cox stated the Wisconsin Elections Commission has a different opinion and recommended the drawdown of the
number of votes according to the statutes. Cox stated if there is a drawdown, it should be from all the ballots in
District 13.
Ard argued the Wisconsin Elections Commission has a procedure and process in place just as drawing a name
to determine a winner if a tie exists. The procedure is clear.
Campbell asked if there is a drawdown would it be the ballots with under votes for County Supervisor District
13, similar to removing blank ballots first per state statutes.
Motion by Gwin, 2nd by Jewett to follow the statutes to draw down from all District 13 ballots per Wis. Stat.
§9.01(1)(b)4.e. Motion passed Yes: 2; No - 1 (Campbell).
Ballots for District 13 were gathered together and shuffled. Ballots were placed in a blue bag held by Cox.
Each member of the Board of Canvass drew one ballot. Order drawn: Gwin (W11&12) – Ard; Jewett
(W11&12) – Sherley; Campbell (W4) – Ard.
Change in results is as follows: Sherley – 212; Ard – 211. Campbell completed the certification and it was
signed by the members of the Board of Canvass.
The three draw-down ballots were sealed in a separate envelope marked as Exhibit A. All other ballots were
sorted according to ward and placed in corresponding ballots bags and re-sealed.
Re-count adjourned at 6:20 pm
Amy Hanson, First Deputy County Clerk (Recording Secretary)
POLLING PLACE VOTER/BALLOT SUMMARY
POLLING PLACE #1 Voter Ballot
W1&2 133 134 Ward 5&6 voter cast Ward 1&2 ballot for District12
W3&4 138 138 Ward 3 voter cast Ward 4 ballot for District 13 (Sherley)
W5&6 104 103 See 1&2
TOTAL 375 375
POLLING PLACE #2 Voter Ballot
W7&8 143 145 See 11&12
W9&10 169 169 W9 - 5 more voters than ballot (District 12)
W10 - 5 more ballots than voters (District 13)
W11&12 201 199 2 voters in 11&12 signed poll book received a 7&8 ballot
TOTAL 513 513