Q If election commissioners are facing a contested race, what limitations are placed on the incumbent election commissioner in regard to processing of ballots in the election commissionerís election?

A There are no statutory limitations on election night activities of election commissioners who have opponents; or in the processing of affidavit ballots; or canvassing and certifying the results following the election. In order to avoid any appearance of impropriety, the commissioners who have opponents may wish to recuse themselves from participation in the rulings on the legality of affidavit ballots cast by voters in their respective districts and in the certification of the results in their respective districts. As a reminder, in canvassing election returns, election commissioners perform only a ministerial duty. Any review of determinations by poll workers concerning the acceptance of a ballot is a judicial function to be exercised by a court of competent jurisdiction. (Attorney Generalís Opinion to Phillips, October 7, 2016).