Miscount of ballots in election

[Guest Guest a ward]

A board had secret ballots to elect on officer.  Based on first count it was a tie , so second vote occurred and candidate B won. 

After the meeting, the teller found two votes not counted in first election.  If those votes had been counted, candidate A won so no tie and no need for a second election. 

So how do we handle this situation? The person has not assumed the office yet. 

Do a recount and A wins? 

When can you void an election and do it over again ? 

[Bruce Lages]

Who had possession of the ballots between the time of the election and the time the two uncounted votes were found? And how long "after the meeting" were those two uncounted ballots discovered?  The answers may very well determine whether a recount of the original election ballots can be done.

[Tom Coronite]

A recount may be ordered by the voting body, by a majority vote, at the same session, or at the next session if it's within a quarterly time interval, or at a special session called for that purpose, also within a quarterly time interval and before the next regular session. cf RONR p 419 ll 1-10.

After, of course, addressing the questions Mr Lages has asked.

Edited January 19, 2018 at 02:14 PM by Tom Coronite

[jstackpo]

And keep in mind that a "recount" is NOT a repeat of the original election; it is merely a, well, recounting of the same ballots.  See RONR p. 419 for conditions that must be met for a recount to go ahead.

In particular it requires a majority vote to agree to doing a recount.  So, obviously, if a majority likes the way the election came out initially, they will vote against a recount (even though there may have been some possible irregularities in the original) and that will end matters.