The clerk is required to seal and store the counted ballots for 22 months, at which time they are destroyed.45 The last step in the election process is a meeting of the Board of Canvassers, which consists of the county commission or council, assisted by the county clerk; it must consist of at least three persons and if commissioners or council members are unavailable, alternate canvassers are chosen from the treasurer, assessor, or sheriff. The Board of Canvassers examines the election returns and determines the vote, by precinct, for both candidates and propositions. The canvassers correct any omissions or clerical errors, declare winners, and certify those names to the Lt. Governor.46 Campaign Finance Reporting State law requires that counties enact an ordinance which governs campaign finance disclosure requirements for the election of that county’s officers. The county’s ordinance must—at least—require candidates to itemize and total all campaign contributions and expenditures two weeks before election day and again two months after election day. This must include in-kind or tangible contributions, the names of donors who contribute over $50, and an aggregate of contributions of $50 or less. If a candidate is eliminated at the primary election, the finance disclosure statement is due 30 days after the primary. Counties may, by ordinance, require more disclosure and may set additional penalties beyond that established in state code. When a candidate fails to file a report which is due before election day, the county clerk is required to immediately investigate that failure and, where no financial report has been filed, the clerk must remove the candidate’s name from the ballot and refrain from counting any votes for that candidate. That said, the candidate may remain on the ballot if he or she did in fact file a report that is accurate and complete and any errors or omissions in that report are corrected. Enforcement of campaign finance reporting requirements is by private civil lawsuit (with attorney’s fees awarded) or by prosecution by the county attorney as an infraction (unless a greater penalty has been provided by county ordinance).47 Controversies, Contests and Crimes A candidate may request that the county perform a recount if the candidate has lost the election by no more than one vote per voting precinct. A request for a recount must be filed with the county clerk within seven
days after the canvass. The recount is supervised by the clerk. When a bond election or ballot proposition fails by a similar number of votes, any 10 registered voters who voted in the election may request a similar recount. After the recount is completed, the Board of Canvassers again meets, canvasses the recount, declares a winner and certifies the final result. An election contest is a judicial proceeding in district court in which the outcome of an election is contested for one of several very limited reasons. These reasons include misconduct, fraud or corruption by election judges or canvassers sufficient to change election results; the person declared the winner is not eligible or does not meet the legal requirements for office; the winner offered a bribe to a voter, judge or canvasser sufficient to change the result; illegal votes were counted sufficient to change the result; there were errors in counting sufficient to change the result; or for any other cause sufficient to show that some other person was legally elected. It is important to note, under these statutory standards, that irregularities in the election process will not void an election unless the irregularities are sufficient to change the election result.48 A person desiring to file an election contest lawsuit presents a verified complaint to the district court stating the grounds to void the election. The complaint must initially be heard within 10-30 days after the petition is filed and a subpoena served on the person whose right to office is contested. If relevant, the district court judge may order the ballots unsealed by the clerk and inspect them in open court. The court may order a recount or require the production of evidence which may establish the legality or illegality of any votes. The court enters a judgment and, if the election result is overturned, declares a new election victor.49
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