§ 6-104. Count and return of votes.
A. Count and Results. The ballots cast shall be counted beginning at 8:00 p.m. Central Daylight Savings Time or immediately after voting is completed on the day of the election. Void ballots shall not be counted as valid ballots. The Board shall immediately prepare a consolidated return of the election results and post said results at the polling place. It shall be unlawful for any person to divulge the results except in such manner provided by law.
B. Securing Ballots. After counting, all ballots shall be placed in sealed containers marked with the date of the election. All unused, spoiled or rejected ballots shall be labeled and placed in the sealed containers. The sealed containers containing all ballots shall be immediately returned to the secure vault in the Office.
C. Primary Election Results. In a primary election, the two Principal Chief/Assistant Principal Chief candidates receiving the highest number of votes shall be placed on the ballot for the general election after the primary election results are certified and signed by the Board.
D. Tie Vote. When a tie vote is announced, the Board may conduct a recount. If the results do not change after the recount, then the Board shall announce the selection of the successful candidate by lot at a public meeting held no fewer than five business days after announcement. When a successful candidate is to be selected by lot pursuant to the provisions of this section, the following procedures shall be observed:
1. The names of the candidates shall be written or printed on the same color and type of paper;
2. The Board shall draw, or may designate a person other than the candidates, witnesses or other person directly interested in the election to draw, one paper, and the name of the candidate appearing on the first drawn paper shall be declared the winner. The Board, or designee, shall then expose the other name or names not drawn to all witnesses present; and
a. The meeting shall be held on a weekday, holidays excepted, between the hours of 9:00 a.m. and 7:00 p.m.
b. In the event a tie vote occurs in a ballot issue or the retention of a Judge, the tie shall be broken by lot, with a “yes” or “no” paper being drawn to determine the outcome.
E. Retention of Materials. All material used for procuring and casting a ballot shall remain under the Board’s control for a period of one year after the day of the election. ONCA 17-107, eff. Oct. 4, 2017.