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Inaccurate Tally & Recount Not an Option


Josh Martin

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Normally, when the assembly believes that the teller's report is inaccurate, the solution is simple - order a recount, within certain time limits. In certain circumstances, however, this may not be possible (or it may not fix the problem). The ballots might have been lost or destroyed before they were supposed to be destroyed, or the society may believe the ballots have been tampered with. Under such circumstances, is the society obliged to abide by the results as they were originally announced, or may the society declare the results null and void and conduct a new ballot?

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I don’t think enough facts exist to answer the question as posed.  The recount is used to verify the facts contained in the tellers report, but if the recount can’t be done for whatever reason, the society has to assume the report is correct and move on as if it is.

 

Whether or not a point of order can be raised at this depends upon what is alleged to be wrong.  If the society has 100 members and the tellers report shows 103 votes, could a point of order be raised for anyone who was elected by 3 or fewer votes over their opponent?  I think so, even without a recount.

 

However if the only concern is that Joe won by a vote of 51 to 49 and only 100 votes were cast, then no point of order could be raised that the election is invalid simply because a recount can’t be done.  Joe's elected.

 

I hope I understood the question, but please add more if I totally missed the point (or got it wrong).

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I don’t think enough facts exist to answer the question as posed.  The recount is used to verify the facts contained in the tellers report, but if the recount can’t be done for whatever reason, the society has to assume the report is correct and move on as if it is.

 

Whether or not a point of order can be raised at this depends upon what is alleged to be wrong.  If the society has 100 members and the tellers report shows 103 votes, could a point of order be raised for anyone who was elected by 3 or fewer votes over their opponent?  I think so, even without a recount.

 

However if the only concern is that Joe won by a vote of 51 to 49 and only 100 votes were cast, then no point of order could be raised that the election is invalid simply because a recount can’t be done.  Joe's elected.

 

I hope I understood the question, but please add more if I totally missed the point (or got it wrong).

 

I'm sure it was my fault if the question was not understood. :)

 

Let me put it in stronger terms to get at the meat of the question. Suppose an assembly suspects that there has been fraud on the part of the tellers (or others) such as stuffing the ballot box, tampering with ballots, etc. Can the assembly declare the results to be void and conduct a new election?

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I'm sure it was my fault if the question was not understood. :)

 

Let me put it in stronger terms to get at the meat of the question. Suppose an assembly suspects that there has been fraud on the part of the tellers (or others) such as stuffing the ballot box, tampering with ballots, etc. Can the assembly declare the results to be void and conduct a new election?

 

Because they can't do a recount to verify it?  No.  (nothing on pp. 444-446 seems to say otherwise)

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I'm sure it was my fault if the question was not understood. :)

 

Let me put it in stronger terms to get at the meat of the question. Suppose an assembly suspects that there has been fraud on the part of the tellers (or others) such as stuffing the ballot box, tampering with ballots, etc. Can the assembly declare the results to be void and conduct a new election?

 

An assembly suspects there has been fraud? How do you know? Did they adopt a motion saying so? :)

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Because they can't do a recount to verify it?  No.  (nothing on pp. 444-446 seems to say otherwise)

 

Yes, I'm supposing a situation in which the fraudulent ballots cannot be distinguished from the legitimate ballots, so that a recount wouldn't really help. The question is not whether the count is accurate, but whether the ballots themselves are legitimate.

 

An assembly suspects there has been fraud? How do you know? Did they adopt a motion saying so? :)

 

You're right. I should have said that certain members of an assembly suspect there has been fraud. Without a vote, we don't yet know whether the hypothetical assembly itself feels this way.

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You're right. I should have said that certain members of an assembly suspect there has been fraud. Without a vote, we don't yet know whether the hypothetical assembly itself feels this way.

 

Okay, so what do these members suspect happened that was fraudulent? You previously mentioned "stuffing the ballot box", and "tampering with ballots", but I'm not sure exactly what is meant by either of these.

 

Certainly it would not be too late to raise a point of order if they can establish that the ballot box had been "stuffed" with fraudulent votes, or that ballots had been altered.

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Okay, so what do these members suspect happened that was fraudulent? You previously mentioned "stuffing the ballot box", and "tampering with ballots", but I'm not sure exactly what is meant by either of these.

 

Stuffing the ballot box would involve someone inserting additional ballots into the ballot box, marked for a particular candidate or proposition.

 

Thinking of an example of tampering with ballots that couldn't be detected with a recount is more difficult, but I suppose it would be possible to mark blank ballots for a candidate.

 

Certainly it would not be too late to raise a point of order if they can establish that the ballot box had been "stuffed" with fraudulent votes, or that ballots had been altered.

 

Thank you.

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  • 1 month later...

If, by this, you mean that the facts must be established by some procedure other than by raising a point of order, I don't know what you have in mind.

 

It's been a month, but I think I was simply noting that from a practical standpoint it might be challenging to present a point of order and have it be well taken when " The ballots might have been lost or destroyed before they were supposed to be destroyed, or the society may believe the ballots have been tampered with"  (presumably tampered with after the Secretary took custody of them).

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