Unofficial results from Pleasant Valley's sixth school district election in November showed Jameson Smith defeated Rivera, a write-in candidate, by six votes. So she asked for a recount, which resulted in a tie.
Then a month ago during a re-canvass of votes, the Scott County Board of Supervisors voted 3 to 2 to reject the recount results, leaving Smith the winner.
In her petition, Rivera says the board of supervisors violated Iowa law and, "knowingly proceeded outside of its jurisdiction and the law." She is asking the court to order the board of supervisors to approve the recount results. Then, the tie would be broken by a drawing.
The first Pleasant Valley Board of Education meeting is scheduled for Monday, January 8th.
Previous radio story - 12/5/23
After a ballot recount in a Quad Cities school board race, the Scott County Board has voted 3 to 2 to reject it.
Unofficial results from Pleasant Valley's sixth school district election showed Jameson Smith had the most votes with 256. Write-in candidate, Tracey Rivera, received six fewer votes, or 250. Rivera called for a recount which was completed by a three-member board and resulted in a tie.
On Monday night (December 4th, 2023), the board of supervisors held a special meeting to consider the recanvass of votes for the election. And Ross Paustian voted, "No."
"The canvas board admitted that they didn't follow state law. It says they have to reject those ballots where the circle wasn't filled. Why should we rubber-stamp something that the law wasn't followed? So, I know we were supposed to. But why why even have this meeting if we're just going to vote for for it? Anyway, so I think it was time to stand up and say 'no.'"
Supervisors John Maxwell and Jean Dickson also voted, "No." Dickson rejected the recount even though the Scott County attorney's office recommended a "Yes" vote.
"I voted no because of my reading of the statute which provides that the Board of Supervisors shall certify, like in this case, it would be the recount canvas. But the face of the documents that the auditor gave the Board of Supervisors establish that the canvas was not in compliance with Iowa law. So, I want to be clear. We didn't, the Board of Supervisors didn't look anywhere else. We looked at the document itself. And it established by virtue of two of the three recount people stating that they violated the law. I couldn't support it. It was no different in my estimate than an illegal contract."
An assistant county attorney says the original canvass of votes in the race stands, meaning Jameson won. And, Rivera now has the option to sue the Scott County Board for failing to certify the recanvass of votes.
