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A special mail-in election, underway in Antelope County, will close next Tuesday, Oct. 15.

County Clerk Lisa Payne has hired a receiving/counting board to help process ballots that day.

County voters in two of the county's five commissioner districts received ballots through the United States Postal Service last week. The ballots ask voters if elected officials, Allan Bentley and Tom Borer, should be removed from their positions as county commissioners.

"When a ballot is returned, it is logged into the Voter Registration System and the signature on the ballot envelope is verified. The ballot/envelope is then stored in the vault in the county clerk's office for counting on the 15th of October," Payne said.

She said 1,754 ballots were mailed Sept. 30 - 953 in District 3 that is served by Bentley, and 801 in District 5, served by Borer. As of Tuesday, Oct. 8, Payne estimated 550 ballots had been received in the clerk's office.

The mailing included instructions on how to return the ballots. Statute 32-954 instructs voters as well, "Upon receipt of the official ballot, the registered voter shall mark it, seal the ballot in the identification envelope supplied with the ballot, sign the identification envelope, and comply with the instructions provided with the ballot. The voter may return the ballot to the election commissioner or county clerk by mailing it or by personally delivering it to the office of the election commissioner or county clerk."

According to statute, the deadline for receipt of the ballot in the county clerk's office is 5 p.m. on Oct. 15, the date set for the election. The official ballot must be returned in the identification envelope, which must be signed, attesting information on the envelope. They may be mailed or delivered in person to the clerk's office in the courthouse.

Returning the ballot by mail requires affixing $1.19 postage. Payne recommends mailing by Thursday, Oct. 10, to ensure receipt in her office by Oct. 15. Monday, Oct. 14, is Columbus Day, a federal holiday; no mail will be delivered.

There is a process available for registered voters in the two districts who did not receive ballots.

"It starts with contacting my office and letting us know, so we can look into why, and figure the correct solution from there," Payne said.

According to Nebraska election statute 32-956, "If a ballot is destroyed, spoiled, lost, or not received by the registered voter, the voter may obtain a replacement ballot from the election commissioner or county clerk by signing a statement verified on oath or affirmation on a form prescribed by the Secretary of State that the ballot was destroyed, spoiled, lost, or not received and delivering the statement to the election commissioner or county clerk by 5 p.m. on the date set for the election. If the voter mails the statement, the election commissioner or county clerk shall not deliver a replacement ballot to the voter unless the statement is received prior to the close of business on the second Friday preceding the election. If the election commissioner or county clerk receives a statement meeting the requirements of this section, he or she shall deliver a replacement ballot to the voter if the voter is present in the office or shall mail a replacement ballot to the voter at the address shown on the statement."

The second Friday prior to election deadline for requesting a replacement ballot by mail has past, leaving an in-person request at the clerk's office the only option for residents who have not received a ballot to exercise their right to vote.

Election statute also lays out the process for storing and counting ballots. Statute 32-958 (Special election by mail; supervision; election report; counting board) states, "The election commissioner or county clerk shall supervise the procedures for handling and canvassing the ballots to ensure the safety and confidentiality of all ballots properly cast. The election commissioner or county clerk shall file with the Secretary of State and the county board an election report. The Secretary of State shall develop a uniform election report form which requires information, including, but not limited to, an evaluation of the verification process including the number of ballots rejected and the reasons for the rejection, the process for handling and canvassing ballots, and the cost of the election conducted by mail. The election commissioner or county clerk shall appoint a counting board for the election in the same manner as the counting board for early voting and ballots shall be counted and canvassed in the same manner as much as possible."

Documents were filed July 8 by Bethany Miller of Elgin and Jack Allemang of Clearwater in the effort to recall Borer and Bentley, respectively. Miller's charged Borer with mismanagement of county funds, spending money on an outside attorney after a state patrol investigation, misappropriation of taxpayer dollars and mistreatment of elected officials, including waging public wars, refusing to allow them to speak and making unethical comments.

In a statement filed July 31, Borer denied the allegations. "All allegations against me are false, brought about by people with questionable motives. One commissioner cannot make policy or other decisions alone. There is discussion on topics and majority vote rules. The chairman is responsible for running orderly meetings and following the open meeting laws, all elected officials need to follow this law."

Allemang's affidavit for the recall of Bentley was similar, citing mismanagement of funds, spending money on an outside attorney after a state patrol investigation, misappropriation of funds and mistreatment of elected officials, with an additional allegation that he sent texts with false information and blamed those messages on alcohol consumption.

Bentley denied the allegations in a statement filed Aug. 1, "All allegations against me are false. No single commissioner makes any policy or financial decision, must always be majority vote. Investigation uncovered several thefts by county official; actually saved county thousands in back wages. This recall appears to be an attempt to undo recent election results, so by law three people: county clerk, treasurer and attorney can hand pick new commissioners."

Petitions were checked out Aug. 3 and returned to the clerk's office Aug. 13. The petition to remove Bentley from office contained 218 approved signatures, out of 233 submitted. Verified signatures on petitions in the effort to recall Borer numbered 279 of 306 submitted.

In the event one or both of the officials are recalled, the vacancy will be advertised, with candidate(s) interviewed and appointed by a three-member committee - County Attorney Joe Abler, County Treasurer Deb Branstiter and Payne.