SPECIAL MEETING CITY COUNCIL BOARD OF CANVASSERS PRINCETON, MERCER COUNTY, WEST VIRIGINA June 8, 10 & 17, 2015

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1 SPECIAL MEETING CITY COUNCIL BOARD OF CANVASSERS PRINCETON, MERCER COUNTY, WEST VIRIGINA June 8, 10 & 17, 2015 A Special Meeting of the Common Council of the City of Princeton, Mercer County, West Virginia, acting in its official capacity as the Board of Canvassers for the At-Large Election of June 2, 2015, was held in the Council Chambers of the Municipal Building on Monday, June 8, 2015, at 9:00 a.m. In attendance were Mayor Tim Ealy; Council members James Harvey, Patricia Wilson, Marshall Lytton and Jacqueline Rucker; City Attorney Paul Cassell and City Clerk Kenneth Clay. Absent were Council Members David Graham and Dewey Russell. A quorum was constituted thereby. CALL TO ORDER Mayor Tim Ealy called the meeting to order and deferred to the City Attorney and City Clerk to initiate the process for canvassing the June 2, 2015, At-Large Election. BALLOT AUDIT WARD I BALLOT COUNT The Board of Canvassers conducted an accounting of the ballots sent to Ward I on Election Day, as follows: 1. Ballot Tabulation 2. Ballot Verification 3. Ballots Counted at Canvass a. Election Day Ballots Cast = 56 b. Early Voting Ballots Cast + 34 c. Absentee Ballots Cast + 0 Total Ballots Tabulated = 90 Number of Poll Slips = 90 a. Ballots Cast = 90 b. Spoiled Ballots + 0 c. Provisional Ballots + 0 d. Unused Ballots Total Number of Ballots = 890 Ballots Sent to Ward I = 890

2 Page 2 a. Absentee Ballots Received after Election Day = 0 b. Absentee Ballots Counted at Canvass = 0 c. Provisional Ballots Received = 0 Thereupon, the Board of Canvassers verified that the number of completed poll slips equaled the number of ballots cast in Ward I. Also, the Board verified that the total number of ballots cast, spoiled, provisional and unused equaled the total of ballots sent to the Ward I polling place. Verification of Ward I Results The Board of Canvassers carefully compared the Tally Sheets to the Certificates of Return and verified that the number of votes cast for each candidate, as recorded on the Ward I Tally Sheets, corresponded with the number of votes cast for each candidate as reported on the Certificates of Return. WARD II BALLOT COUNT The Board of Canvassers conducted an accounting of the ballots sent to Ward II on Election Day, as follows: 1. Ballot Tabulation 2. Ballot Verification 3. Ballots Counted at Canvass a. Election Day Ballots Cast = 88 b. Early Voting Ballots Cast + 22 c. Absentee Ballots Cast + 0 Total Ballots Tabulated = 110 Number of Poll Slips = 110 a. Ballots Cast = 110 b. Spoiled Ballots + 0 c. Provisional Ballots + 0 d. Unused Ballots Total Number of Ballots = 887 Ballots Sent to Ward II = 887 a. Absentee Ballots Received after Election Day = 0

3 Page 3 b. Absentee Ballots Counted at Canvass = 0 c. Provisional Ballots Received = 0 Thereupon, the Board of Canvassers verified that the number of completed poll slips equaled the number of ballots cast in Ward II. Also, the Board verified that the total number of ballots cast, spoiled, provisional and unused was equal to the total number of ballots sent to the Ward II polling place. Verification of Ward II Results The Board of Canvassers carefully compared the Tally Sheets to the Certificates of Return and verified that the number of votes cast for each candidate, as recorded on the Ward II Tally Sheets, corresponded with the number of votes cast for each candidate as reflected on the Certificates of Return. WARD III BALLOT COUNT The Board of Canvassers conducted an accounting of the ballots sent to Ward III on Election Day, as follows: 1. Ballot Tabulation 2. Ballot Verification 3. Ballots Counted at Canvass a. Election Day Ballots Cast = 42 b. Early Voting Ballots Cast + 17 c. Absentee Ballots Cast + 1 Total Ballots Tabulated = 60 Number of Poll Slips = 60 a. Ballots Cast = 60 b. Spoiled Ballots + 0 c. Provisional Ballots + 2 d. Unused Ballots Total Number of Ballots = 692 Ballots Sent to Ward III = 692 a. Absentee Ballots Received after Election Day = 0 b. Absentee Ballots Counted at Canvass = 1

4 Page 4 c. Provisional Ballots Received = 2 Thereupon, the Board of Canvassers verified that the number of completed poll slips equaled the number of ballots cast in Ward III. Also, the Board verified that the total number of ballots cast, spoiled, provisional and unused equaled the total number of ballots sent to the Ward III polling place. Verification of Ward III Results The Board of Canvassers carefully compared the Tally Sheets to the Certificates of Return and verified that the number of votes cast for each candidate, as recorded on the Ward III Tally Sheets, corresponded with the number of votes cast for each candidate as reported on the Certificates of Return. WARD IV BALLOT COUNT The Board of Canvassers conducted an accounting of the ballots sent to Ward IV on Election Day, as follows: 1. Ballot Tabulation 2. Ballot Verification 3. Ballots Counted at Canvass a. Election Day Ballots Cast = 51 b. Early Voting Ballots Cast + 14 c. Absentee Ballots Cast + 1 Total Ballots Tabulated = 66 Number of Poll Slips = 66 a. Ballots Cast = 66 b. Spoiled Ballots + 0 c. Provisional Ballots + 3 d. Unused Ballots Total Number of Ballots = 689 Ballots Sent to Ward IV = 689 a. Absentee Ballots Received after Election Day = 0 b. Absentee Ballots Counted at Canvass = 1 c. Provisional Ballots Received = 3

5 Page 5 Thereupon, the Board of Canvassers verified that the number of completed poll slips equaled the number of ballots cast in Ward IV. Also, the Board verified that the total number of ballots cast, spoiled, provisional and unused equaled the total number of ballots sent to the Ward IV polling place. Verification of Ward IV Results The Board of Canvassers carefully compared the Tally Sheets to the Certificates of Return and verified that the number of votes cast for each candidate, as recorded on the Ward IV Tally Sheets, corresponded with the number of votes cast for each candidate as reported on the Certificates of Return. PROVISIONAL BALLOTS The Board of Canvassers examined each envelope containing a provisional ballot and determined the reason for each challenge, as noted in parentheses, as follows: No provisional ballots received. No provisional ballots received. WARD I WARD II WARD III 1. Anna Howington, Princeton Towers, 901 Stafford Drive, Princeton, WV (voter not found in Ward III registration books). 2. Jessica Rae Wolfe, 261 Old Bluefield Road, Princeton, WV (voter not found in Ward III registration books). WARD IV 1. Rachel Blankenship, 695 N. McNutt Avenue, Princeton, WV (voter not found in Ward IV registration books). 2. Daniel Scott Bowling, 411 Wiley Street, Princeton, WV (voter not found in Ward IV registration books). 3. Jesse Otey, 184 Bacardi Street, Princeton, WV (voter not found in Ward IV registration books). Disposition of Provisional Ballots The Board of Canvassers verified that the aforesaid five voters had cast provisional ballots and were not listed in the appropriate City Ward, were not in the City s Voter Registration Books, or, due to clerical error, their name(s) had been overlooked by the

6 Page 6 poll workers. In doing so, the Board of Canvassers first checked all four Wards Registration Books prior to calling the Voter Registration Office in the Mercer County Courthouse to verify each voter s status. WARD III 1. Anna Howington, Princeton Towers, 901 Stafford Drive, Princeton, WV Upon investigation by the Board of Canvassers it was determined that the voter had moved and did not notify the Mercer County Voter Registration Office of her new address. However, it was verified further that the voter is a resident of the City of Princeton and currently registered to vote in Mercer County. MOTION: Based upon the foregoing information and the At-Large, citywide ballot, Patricia Wilson moved the Board of Canvassers count the ballot cast by Anna Howington and the votes thereon added to the final tally. Jacqueline Rucker duly seconded the motion. 2. Jessica Rae Wolfe, 261 Old Bluefield Road, Princeton, WV Upon investigation by the Board of Canvassers it was determined that the voter had moved and did not notify the Mercer County Voter Registration Office of her new address. However, it was verified further that the voter is a resident of the City of Princeton and currently registered to voter in Mercer County. MOTION: Based on the foregoing information and the At-Large, citywide ballot, Jacqueline Rucker moved the Board of Canvassers count the ballot cast by Jessica Rae Wolfe and the votes thereon added to the final tally. Patricia Wilson duly seconded the motion. WARD IV 1. Rachel Blankenship, 695 N. McNutt Avenue, Princeton, WV Upon investigation by the Board of Canvassers it was determined that the voter s name was overlooked by poll clerks when she reported for early voting and that, in fact, the voter was registered to vote in the City of Princeton. In addition, it was verified anew that the voter is currently a resident of the City of Princeton and registered to vote in Mercer County.

7 Page 7 MOTION: Based on the foregoing information, Patricia Wilson moved the Board of Canvassers count the ballot cast by Rachel Blankenship and the votes thereon added to the final tally. Jacqueline Rucker duly seconded the motion. 2. Daniel Scott Bowling, 411 Wiley Street, Princeton, WV Upon investigation by the Board of Canvassers it was determined that the voter s name was overlooked by the poll clerks when he reported for early voting and that, in fact, the voter was registered to vote in the City of Princeton. In addition, it was verified anew that the voter currently is a resident of the City of Princeton and registered to vote in Mercer County. MOTION: Based on the foregoing information, Jacqueline Rucker moved the Board of Canvassers count the ballot cast by Daniel Scott Bowling and the votes thereon added to the final tally. Patricia Wilson duly seconded the motion. 3. Jesse Otey, 184 Bacardi Street, Princeton, WV Upon investigation by the Board of Canvassers it was determined that the voter s name was recorded in the Ward II registration book with an address of 816 Highland Avenue, Princeton, WV, but had since moved to a new address situated in Ward IV. However, it was verified further that the voter currently is a resident of the City of Princeton and is registered to vote in Mercer County. MOTION: Based on the foregoing information and an At-Large, citywide ballot, Jacqueline Rucker moved the Board of Canvassers count the ballot cast by Jesse Otey and the votes thereon added to the final tally. Patricia Wilson duly seconded the motion. Tally of Votes from Provisional Ballots The Board of Canvassers removed the approved ballots from the provisional ballot envelopes. The Canvassers then placed the ballots face down, shuffled the ballots and tallied the vote count from said ballots, as follows:

8 Page 8 WARD III Anita Skeens Caldwell received one additional vote. WARD IV David E. Graham received one additional vote. Carol Bailey received one additional vote. James V. Hill received two additional votes. Dewey W. Russell received one additional vote. DECLARATION OF ELECTION RESULTS After tallying the votes from the provisional ballots, the return for the 2015 At-Large Election for the City of Princeton, by Ward, is as follows: Ward I David Graham Received fifty-two (52) votes. James V. Hill Received thirty-seven (37) votes. Carol Bailey Received forty-four (44) votes. Dewey W. Russell Received fifty-two (52) votes. Anita Skeens Caldwell Received twenty (20) votes. Ward II David Graham Received eighty-four (84) votes. James V. Hill Received forty-one (41) votes. Carol Bailey Received forty-four (44) votes. Dewey W. Russell Received thirty-eight (38) votes. Anita Skeens Caldwell Received thirty-one (31) votes. Ward III David Graham Received thirty-five (35) votes. James V. Hill Received twenty-one (21) votes. Carol Bailey Received twenty-three (23) votes. Dewey W. Russell Received twenty-seven (27) votes. Anita Skeens Caldwell Received twenty-one (21) votes. Ward IV David Graham Received thirty (30) votes. James V. Hill Received forty-four (44) votes. Carol Bailey Received thirty (30) votes.

9 Page 9 Dewey W. Russell Received twenty-five (25) votes. Anita Skeens Caldwell Received thirty-six (36) votes. Total At-Large Votes Received David Graham Received two hundred one (201) votes. James V. Hill Received one hundred forty-three..... (143) votes. Carol Bailey Received one hundred forty-one (141) votes. Dewey W. Russell Received one-hundred forty-two (142) votes. Anita Skeens Caldwell Received one hundred eight (108) votes. Therefore, as the three candidates receiving the most votes, David Graham, James V. Hill, and Dewey W. Russell are elected as the At-Large City Council Members for the term from July 1, 2015 to June 30, DECLARATION OF RESULTS MOTION: Marshall Lytton moved the Board of Canvassers declare the aforesaid results of the 2015 At-Large City Council election. Jacqueline Rucker duly seconded the motion. RECOUNT BOND MOTION: James Harvey moved the Board of Canvasser set a bond at $300 to cover the cost of a recount of the election results. Marshall Lytton duly seconded the motion. BOARD OF CANVASSERS RECESS MOTION: James Harvey moved the Board of Canvassers recess for the required fortyeight hours to permit the filing of any petitions for a recount and reconvene at 12:00 p.m. on Wednesday, June 10, 2015, to certify the results or, if required, set a date and time to conduct a recount. Patricia Wilson duly seconded the motion. The motion carried unanimously and the Board of Canvassers recessed at 11:40 a.m. BOARD OF CANVASSERS RECONVENES The Special Meeting of the Common Council of the City of Princeton, Mercer County,

10 CC-06/08/10-Special Page 10 West Virginia, acting in its official capacity as the Board of Canvassers, reconvened on Wednesday, June 10, 2015, at 12:00 p.m. in the Council Chambers of the Municipal Building. In attendance were Mayor Timothy Ealy; Council Members Patricia Wilson, Marshall Lytton, James Harvey, and David Graham; City Attorney Paul Cassell and City Clerk Kenneth Clay. Absent were Council Members Dewey Russell and Jacqueline Rucker. A quorum was constituted thereby. CALL TO ORDER Mayor Ealy called the meeting to order. RECOUNT REQUEST City Clerk Kenneth Clay reported that At-Large candidate, Carol Bailey, had requested a recount of the votes and posted the required bond of $300. Also, the City Clerk advised that in considering a date for conducting the recount, that the Board of Canvassers allow a sufficient amount of time to serve the recount notices on the five candidates, as required by law. MOTION: David Graham moved the Board of Canvassers recess and reconvene on Wednesday, June 17, 2015, at 4:00 p.m. to conduct a recount of the votes in the 2015 At- Large Election. Patricia Wilson duly seconded the motion. RECESS The Board of Canvassers stood in recess at 12:05 p.m. BOARD OF CANVASSERS RECONVENES FOR RECOUNT The Common Council for the City of Princeton, Mercer County, West Virginia, acting in its official capacity as the Board of Canvassers for the 2015 At-Large Council Election, reconvened the recessed meeting of June 8 and 10, 2015, to conduct a recount of votes. In attendance were Mayor Tim Ealy; Vice Mayor James Harvey; Council Members Patricia Wilson, Marshall Lytton, and Jacqueline Rucker; City Attorney Paul Cassell and City Clerk Kenneth Clay. Absent were Council Members Dewey Russell and David Graham. A quorum was constituted thereby. METHODOLOGY FOR CONDUCTING THE RECOUNT The Board of Canvassers instituted the following methodology and division of labor for accomplishing the recount of votes in the 2015 At-Large Council Election: The City Clerk called aloud the votes of each voted ballot from the polling places in

11 Page 11 Wards I, II, III, and IV, severally and in order. As the City Clerk read aloud the votes from each ballot the City Attorney monitored the City Clerk s to verify that votes from each ballot were read properly and, in so doing, after calling out the votes, each ballot was handed to the City Attorney by the City Clerk for securing appropriately. The five-member Board of Canvassers each recorded on tally sheets for each Ward thereof, the votes called aloud by the City Clerk. In so doing, all five tally sheets had to agree before proceeding to the next Ward. If the tally sheets did not agree the recount of said Ward was started anew until such time that all tally sheets agreed. (This occurred once in the tally of votes for Ward I.) Over-voted Ballots - In the process of the recount two ballots were identified with four candidates marked instead of three as required. Therefore, the intent of the two voters could not be discerned by the Board of Canvassers. MOTION: Jacqueline Rucker moved the Board of Canvassers disallow and not count the two over-voted ballots. James Harvey duly seconded the motion. Write-in Ballot A third ballot was found with no candidates marked, but one name written in at the bottom. However, the City Clerk advised that no write-in candidates had filed in his office to run in the At-Large Election. MOTION: James Harvey moved the Board of Canvassers disallow and not count the ballot with the write-in vote for an individual who had not filed as a write-in candidate. Marshall Lytton duly seconded the motion. RESULTS OF THE RECOUNT At the conclusion of the tally of the recount reflected following results, by ward: Ward I David Graham Received fifty-two (52) votes. James V. Hill Received thirty-six (36) votes. Carol Bailey Received forty-three (43) votes. Dewey W. Russell Received fifty-two (52) votes. Anita Skeens Caldwell Received twenty (20) votes.

12 Page 12 Ward II David Graham Received eighty-four (84) votes. James V. Hill Received forty-one (41) votes. Carol Bailey Received forty-four (44) votes. Dewey W. Russell Received thirty-eight (38) votes. Anita Skeens Caldwell Received thirty-one (31) votes. Ward III David Graham Received thirty-five (35) votes. James V. Hill Received twenty-one (21) votes. Carol Bailey Received twenty-three (23) votes. Dewey W. Russell Received twenty-seven (27) votes. Anita Skeens Caldwell Received twenty (20) votes. Ward IV David Graham Received thirty (30) votes. James V. Hill Received forty-four (44) votes. Carol Bailey Received thirty (30) votes. Dewey W. Russell Received twenty-five (25) votes. Anita Skeens Caldwell Received thirty-six (36) votes. Total At-Large Votes after Recount David Graham Received two hundred one (201) votes. James V. Hill Received one hundred forty-two..... (142) votes. Carol Bailey Received one hundred forty (140) votes. Dewey W. Russell Received one hundred forty-two..... (142) votes. Anita Skeens Caldwell Received one hundred seven (107) votes. Therefore, after completion of the recount, the vote totals were changed slightly. However, the names of the three candidates receiving the most votes were unchanged and are thereby elected as the At-Large members of City Council: David Graham, Dewey Russell and James Hill. Certification of the 2015 At-Large Election Result after the Recount Patricia Wilson moved the Board of Canvassers certify the result of the 2015 At-Large Election based upon a recount of the votes. Jacqueline Rucker duly seconded the motion. ADJOURNMENT There being no further business, the Board of Canvassers adjourned at 6:10 p.m.