April 14, 2005

ELLSWORTH COUNTY COMMISSION MEETING

MINUTES

APRIL 14, 2005

The Board of Ellsworth County Commissioners convened this 14^th day of April 2005 at the Ellsworth County Courthouse to complete the canvass of the election held on April 5, 2005.

Members Present:

Lavel Heitschmidt, 1^st District Commissioner

Kermit Rush, 2^nd District Commissioner

Joe Shepack, County Attorney

Others Present: Eleanor Hunter, Al C. Steinert,

Tom Foran, Peggy Svaty

1. OPENING BUSINESS:

Chairman Rush called the meeting to order.

2. CANVASS OF BALLOTS:

The County Clerk presented two tally books with the hand counted results. The Commissioners checked the tally and declared the vote count to be Eleanor Hunter, 182 votes and Al C. Steinert, 182 votes. The County Election Officer checked with the Secretary of State regarding whether or not with the recount total still making the race a tie, if another lot should be cast of if the results of the first lot would still be valid. The Secretary of State ruled that the matter was to be turned over to the County Attorney for his opinion.

Mr. Shepack, the County Attorney, gave his opinion stating the statue is silent or this particular outcome. However, he stated, "It appears to me that the County Board of Canvassers engages in but one canvass, including any interruptions for recount, as opposed to two separate and distinct canvasses. This is significant because one canvass would mean there is but one decision by lot, as contemplated by K.S.A. 25-3108. The decision by lot, required by K.S.A. 25-3108, has already been made, and it went in favor of Eleanor Hunter. The result of the recount did nothing to change the outcome of the election. Thus, the result of the decision by lot should stand."

Commissioners’ Rush and Heitschmidt agreed with the County Attorney’s opinion and declared Eleanor Hunter as the winner of the Wilson City Mayor race. A Certificate of Election was presented to her.

3. ADJOURNMENT:

With the official canvass of the April 5, 2005 election completed, Chairman Rush adjourned the meeting at 8:20 a.m.

 

___________________________________

Janet L. Andrews

Ellsworth County Clerk