Clerk: Ballot intent was clear

COEUR d'ALENE - The Kootenai County Elections team discussed the implications of the language on the ballot in Tuesday's school levy election "numerous times" with Coeur d'Alene School District personnel prior to election day, according to a press release issued Friday by the county elections office.

"For the school district to say we did not understand their intent is disingenuous" said Kootenai County Clerk Cliff Hayes, in the prepared statement. "We confirmed their intent several times."

School officials and the county elections office are at odds over the way the results of the multi-option $12.9 million levy ballot should be counted.

Although each of two levy options passed with more than 50 percent of the vote, Coeur d'Alene school Superintendent Hazel Bauman contends that a no vote on the first ballot option - a $7.8 million levy to replace an expiring levy - should be counted by default as a no vote on the second ballot option - an additional $5 million levy. The ballot instructed those who voted no on Option 1 to refrain from voting on Option 2.

The elections office is reporting that the first option passed with 64 percent, and the second option passed at 86 percent.

The school district wants the no votes on the first option to be counted again as no votes on the second option, reducing the percentage of successful passage on the second option to 55 percent.

Hayes declined a request the school district made Wednesday to have the results re-tabulated.

During an emergency school board meeting Thursday, trustees made a unanimous decision to ask the Kootenai County Board of Commissioners to review the ballot and consider re-tabulating the results.

Carrie Phillips, the county's election manager said the school district confirmed that the vote tally spreadsheet was consistent with the school district's expectations.

"We followed the law, we confirmed our understanding at numerous points with the Coeur d'Alene School District, and we have no intention of changing the vote count, which would be a felony," Hayes stated in the press release.

"We do not wish to get into a he-said, she-said scenario," responded Bauman. "We have made a request of the county commissioners, and we are done. We have moved on, and we have got 10,300 children to educate and keep safe."

Bauman referred to an incident that occurred Friday in which a Woodland Middle School student sustained injuries after being stabbed with a pocket knife while at school. Another middle school student is the suspected perpetrator.

"This afternoon's situation just reminds me of where our priorities lie," Bauman said.

Prior to the election, the ballot was reviewed by Kootenai County Civil Deputy Prosecuting Attorney John Cafferty, and the school district's counsel, Charles Dodson.

Tim Hurst, Idaho's chief deputy secretary of state told The Press Friday by telephone from Boise that he hasn't seen anything in the election statute that indicates the levy election ballot is illegal.

"However, that's an election challenge issue, and I can't assume anything," Hurst said.