Fayetteville’s Impact Fee Election Results Somewhat Uncertain

When I posted my blog entry April 1 about the upcoming special election on impact fees, I fully expected to post a follow up the day after the April 10 election to state the results. Well, as some of you already know, results are somewhat murky.

The morning after the election the unofficial count was tight, to say the least. Supporters of the fees had a one-vote lead. (Once again, I say, “Don’t ever think your one vote doesn’t matter.)

The major holdup at that point was 15 outstanding absentee ballots. The ballots would be counted if they were received by April 20, the day the election was to be certified.

When the absentee ballots were added to the earlier results, the election was a tie, 2015 votes for and 2015 votes against. Elections have to be won by a majority so the tie means the impact fee increase failed.

As if an election that close isn’t interesting in itself, here’s the really unusual part.

One of the absentee ballots may ultimately be thrown out on technicalities. It seems the overseas voter did not use the same exact address on the application for the ballot as he did on the statement accompanying the ballot.

That particular ballot was a No vote. It was the vote that created the tie. It was included in the final certification.

If that ballot is challenged and subsequently removed from the official count, the election will have been approved by one vote.

Washington County Attorney George Butler is researching the situation but said he expects to find little precedent to resolve the matter.

Because the law is generally against disenfranchising voters, Butler encouraged the Washington County Election Commission to count the ballot in question. Butler stated further that the commission may file an amended certification reversing the election if that becomes necessary.

For more information:

http://www.nwaonline.net/articles/2007/04/21/news/042107fzroadfees.txt
http://www.nwanews.com/nwat/News/52331/
http://www.nwanews.com/nwat/News/52304/