Section 11.12. Commission action on challenges or objections.

 

(1)   Hearing. If ballot challenges potentially affecting the election outcome or objections raise a substantial question which cannot be resolved without a hearing, the commission may issue and serve a notice of hearing concerning the issues to be resolved. Practice and procedure for hearings on challenges or objections shall be as set forth in ss. ERC 18.06 to 18.08 .

(2)   After hearing. As soon as possible after submission of the case, the commission shall, in writing, either sustain or overrule each challenge or objection.

(a) If the commission directs that challenged ballots be opened and counted, the ballots shall be opened and counted, and the commission shall issue a revised tally and a certification of election results.

(b) If the commission sustains one or more objections, it may direct a new election to be held at a time and under conditions specified by the commission.

(c) If the commission overrules all objections, it shall promptly issue a certification of the election results.

History: CR 02-037 : cr. Register June 2006 No. 606 , eff. 7-1-06; CR 10-019 : am. (1) Register June 2010 No. 654 , eff. 7-1-10.