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If the Election Board conducts a hearing during its review of a contest, the contestant and any respondent may present evidence. For purposes of the hearing, the respondent shall be any person against whom misconduct is alleged, or a candidate who stands to lose his or her election should the election results change due to the contest. The hearing shall ensure minimum standards of due process are met, including:

(a) Providing notice to the contestant and any respondent;

(b) Permitting brief opening and closing arguments by the contestant and respondent;

(c) The presentation of relevant documentary or testimonial evidence by the contestant and respondent;

(d) The ability of the respondent to confront and cross-examine any adverse witnesses; and

(e) Any written decisions are based on a preponderance of the evidence; and

(f) The contestant and respondent are provided a copy of the Board’s written decision prior to official certification of election results. [Ord. 56 § 4905, amended, 5/9/2019; Ord. 42 § 4905, adopted, 3/4/2015.]

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