Payson Town Council Special Meeting - August 8, 2024: Election Canvass and Recount Resolution
Payson Town Council Special Meeting - August 8, 2024
The Payson Town Council held a special meeting on August 8, 2024, at 4:00 p.m. to canvass the returns from the July 30, 2024 Primary Election and to adopt Resolution No. 3408, which declared the election results and issued certificates of election subject to an automatic recount. The meeting lasted approximately six minutes and was attended by five council members (two absent). Town Clerk Tracie Bailey presented the canvass, and election attorney Christina Estes-Werther explained the recount process.
Discussion Items
- Canvass of Election Returns: Town Clerk Tracie Bailey presented the official canvass of the July 30, 2024 Primary Election. The following results were reported:
- Mayor: Majority threshold was 2,870 votes. Stephen Otto received 2,923 votes; incumbent Mayor Chris Higgins received 2,817 votes. Stephen Otto was declared the winner and issued a certificate of election.
- Council Member (4-year term): Majority threshold was 2,553 votes. Four candidates received a majority: Scott Nossek (2,573), Dallin Haws (2,573), Charlie Bell (2,571), and Barbara Underwood (2,570). State law requires that only the top three candidates be elected. Scott Nossek, Dallin Haws, and Charlie Bell were declared elected. Because the margin between Charlie Bell (2,571) and Barbara Underwood (2,570) was less than or equal to one-half of one percent of the total votes cast for both candidates (0.5% threshold), an automatic recount was triggered.
- Council Member (2-year term): Majority threshold was 2,755 votes. Jim Ferris received 2,972 votes; Jolynn Schinstock received 2,537 votes. Jim Ferris was declared the winner and issued a certificate of election.
- Recount Process Explanation: Council Member Mona thanked Ms. Bailey. Mayor Higgins requested a legal explanation of the recount process. Christina Estes-Werther, election attorney from Pierce Coleman, outlined the statutory recount process under Title 16. She stated that once the canvas is approved, a filing will be made with the court (by the next morning at the latest) to order the recount. The Gila County Elections Department will conduct logic and accuracy testing of the machines on Monday, August 12, with the recount expected to occur that same day. Results are anticipated by the end of Tuesday, August 13, 2024. The results will be sealed and announced by the court; no second canvass is required.
Key Outcomes
- Motion and Vote: Council Member Joel Mona moved to approve Resolution No. 3408, seconded by Council Member Susan Tubbs. The resolution formally canvassed the election returns, declared the results, and issued certificates of election subject to the automatic recount. The motion carried 5-0. Voting yes: Mayor Chris Higgins, Vice Mayor Barbara Underwood, Council Members Brett Flaherty (via Zoom), Joel Mona, and Susan Tubbs. Absent: Council Members Scott Nossek and Jolynn Schinstock.
- Recount Initiated: The automatic recount between Charlie Bell and Barbara Underwood for the 4-year council seat will proceed according to the statutory timeline outlined by the election attorney.
Meeting Transcript
Hey, welcome everyone to today's special Pays and Town Council meeting. I'd like to call this meeting to order. Um, if we could please all stand for the Pledge of Allegiance, Councilmember Mona. I pledge allegiance. One nation. Thank you, sir. All right, Michelle. Could we please get a roll call? But the record show that all council members are present except for council members and uh shouldn't stop. Councilmember Flary is on Zoom. All right, great. Uh the purpose of today's meeting is a presentation of canvas of election results for the town of Payson, election of July 30th, 2024. Resolution number 3408 canvassing the returns and declaring the results of the July 30, 2024 primary election and issuing certificates of election subject to the automatic recount provisions of Title 16, Chapter 4, Article 12 of Arizona Revised Statutes. Tracy Bailey, our town clerk, could you please present the election returns? Thank you, Mayor. Good evening. Pursuant to the statutory calculation. The majority of votes cast for mayor is 2,870. Chris Higgins received 2,817 votes. Stephen Otto received 2,923 votes. Stephen Otto received the highest number of votes and a majority of votes cast as defined by statute for the office of mayor and is issued a certificate of election. The majority of votes cast for council member for your term is 2,553. Scott Knoxick received 2,573. Dallin Hawes received 2,573. Charlie Bell received 2,571. Barbara Underwood received 2,570. Guy Fister received 2,534. Craig Howard received 2,497. Four candidates received a majority of votes cast, and statute requires the candidates who receive the highest number of votes equal to the number of seats to be filled to be declared elected, which are three candidates with the highest number of votes. It is declared that the following candidates receive the highest number of votes and a majority of votes cast as defined by statute for the office of council member. Scott Nossick, Dallin Hawes, and Charlie Bell. Statute requires a recount of the vote when the margin between the two candidates receiving the greatest number of votes for a particular office is less than or equal to one half of 1% of the number of votes cast for both such candidates. Pursuant to the statutory calculation, an automatic recount is required based on votes of Charlie Bell and Barbara Underwood. The majority of votes cast for council member two-year term is 2,755. Jim Ferris received 2,972. Jolyn Shinstock received 2,537. Jim Ferris received the highest number of votes and a majority of votes cast as defined by statute for the Office of Council Member Two-year term and is issued a certificate of election. And this concludes my canvas. Yes, Councilmember Mona. So not a question. Any other comments at all or questions? All right, um, Christina, our legal counsel from Pierce Coleman. Um could you please briefly explain how the recount is going to work? Yes, so uh thank you, Mayor and Council. Um so again, Christina Estis Worther with Pierce Coleman. I work with John, um, and I'm an election attorney. And so essentially the recount process is a statutory process, right? So it's in Title 16, and essentially is as Tracy described, once we hit a sort of mathematical formula, it triggers an automatic recount. And so the process now is that once the canvas is completed, then we'll go ahead and have a filing in court that essentially is you know certifying the facts is what you're doing here today with the canvas that the essentially the formula has been triggered for the recount, um, and then asking the court if they're going to go ahead and order the recount. And so we'll file that um, if not tonight, first thing in the morning, just depends on the time.
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