A. Notice of contest of an election shall be submitted in writing to the clerk before 5:00 p.m. on the day of the certification of the election. The notice of contest shall specify the election being contested, the grounds of the contest, and shall bear the notarized signature of the candidate or qualified voters bringing the contest. The notice shall be in substantially the following form:

NOTICE OF ELECTION CONTEST

The undersigned contest the regular (or special) election of the City of Bethel held on the ___ day of _____. The grounds for the contest are as follows:

___________________________

___________________________

Signature and date

(Notarization)

B. Upon receiving a notice of contest, the council shall order an investigation be conducted by the clerk and city attorney. Those contesting the election, those whose election is contested, and the public shall be allowed to attend all investigation and recounting proceedings.

C. If the contest involved the eligibility of voters, the council shall direct the clerk to check the voter qualifications set forth in Chapter 7.20 BMC. After considering the report provided by the clerk and any other proof, the council shall determine whether any illegally cast votes could have affected the election results. If they could not have, the council may declare the election valid and certify the results.

D. If the contest involves other prohibited election practices which are shown to have taken place, the council shall exclude the vote of the precincts where the practices occurred. If it is determined that the exclusion could not affect the election results, the council shall declare the election valid and certify the results.

E. The contestants shall pay all costs and expenses incurred in a recount of an election as provided by BMC 7.90.030. [Ord. 11-13 § 2.]